Portage County residents who run afoul of the law due to substance use or mental health issues have an alternative to prison, thanks to a trio of special courts established in recent years.
STAR (Successful Treatment and Recovery) Court, RISE (Recovery Inspiring Success through Engagement) Court and HOPE (Help, Opportunity and Progress through Education) Court were established in 2016 and 2021 to counter the substance use and mental health crises.
Instead of receiving prison and jail sentences for their infractions, defendants who meet eligibility requirements can opt to participate in one of the three specialty courts. If they make it through the program, they not only avoid prison, but their records can be wiped clean.
However, since Portage County did not receive one of the three federal grants made available to Ohio’s HOPE and RISE courts this year, HOPE Court Judge Becky Doherty and RISE Court Judge Kevin Poland petitioned county commissioners for $50,000 for drug testing and other supplies, as well as ensure employee training and salaries.
The commissioners approved their request Oct. 26, and County Administrator Michelle Crombie said the funds should carry the courts through December 2024.
The State of Ohio funds the STAR Court, so it was not part of the judges’ petition.
To be certified by the Ohio Supreme Court as a specialty docket, each court had to meet stringent criteria covering procedures, interventions and program compliance.
HOPE, RISE and STAR courts assist participants with transportation, housing, therapy dogs, cell phones, treatment, job and education benefits and referrals, drivers license and identification cards, Medicaid and more.
Participation in all three courts is voluntary, and the presiding judge reviews each case to see if the applicant meets clinical and legal criteria for eligibility. Though participants have never been involved in more than one court at a time, it could be possible if the person would meet eligibility requirements, said Heather Battaglia, RISE and STAR court coordinator.
Each court involves a massive commitment from program participants, not to mention a small army of people who provide intensive interventions.
HOPE Court
Established Nov. 2, 2016, HOPE Court is the result of Judge Doherty’s pledge to establish the county’s first drug court. The court was developed in collaboration with Portage County Mental Health & Recovery Board, Compass Recovery Center, Townhall II and Portage County Common Pleas Court.
Participants must be Portage County residents, at least 18 years old and diagnosed with a moderate or severe substance use disorder, as well as meet other legal and clinical eligibility criteria.
People can opt for intervention in lieu of conviction or, if they have already been convicted of a third, fourth or fifth-degree felony, be willing to cooperate with the HOPE program. People charged with felony OVI, crimes involving the use of any weapons and crimes involving children as victims are ineligible.
The court provides intensive services so participants can remain drug free, introduce new ways to live a clean and sober lifestyle, improve relationships with family and friends and lead a law-abiding life.
Besides submitting to random drug screens, high-risk participants must meet with their probation officer and the judge every week, though that schedule tapers off to once a month during the minimum 14-month program.
Participants are assigned to a certified peer recovery supporter who has successfully remained clean and sober for years despite lived experience with addiction and mental health issues. The peers encourage healthy, productive recovery behaviors and help participants process thinking errors and triggering thoughts.
HOPE Court’s team includes the judge; a manager who can field questions; a coordinator who monitors HOPE Court’s daily operations; a probation officer/case manager; an eligibility/recovery specialist; a defense attorney; a prosecutor; law enforcement personnel who advocate for effective incentives and sanctions during team meetings; treatment counselors; a mental health case manager; and Dao the therapy dog.
Participants must agree to being placed on probation for at least 14 months and to attend at least three sober support meetings per week on separate days. Upon completion of the HOPE program, participants on the intervention in lieu of conviction track can have their charges dismissed and their records sealed.
Legal or not, marijuana use – including medical marijuana – is not permitted. Participants may not officially or unofficially change their residence, own or have firearms or ammunition, or leave the state without their probation officer’s prior written authorization.
They must also remain in their homes from 11 p.m. to 6 a.m., knowing that their probation officer may personally check in at any time. They must pay restitution to the victim or victims of their crimes and pay a monthly $50 probation fee to the county adult probation department.
People who have not completed high school or earned their GEDs are required to participate in educational classes, and unemployed participants are referred to Opportunities for Ohioans with Disabilities for assessment.
Should participants not comply with their case plan, treatment plan, terms and conditions of supervised probation, HOPE Court’s terms and conditions and all court orders, they may find their probation revoked and their suspended jail time reinstated. Other sanctions include community work service, increased frequency of supervision contacts and monitors, more frequent court appearances, stricter curfews, day jail at the probation department and more.
Noting that she has one of the highest overall dockets in the state, Doherty said she intentionally prioritizes HOPE Court.
“It’s my happy place,” she said. “They become my kids. They know when they come in, they get to talk to me on Thursdays, directly. It’s not always happiness and light, but they always know they can talk to me and talk to their probation officers and counselors. We have an entire team that works for them.”
Doherty recalled one woman she said she was “sure would end up dead in a ditch somewhere,” who she had previously sent back to prison.
Unexpectedly, the young woman recently arrived in Doherty’s office to report that she was not only clean and sober, but gainfully employed. Overjoyed, Doherty restored the woman’s driving privileges.
“It brought me to tears,” Doherty said. “It’s so incredible to see them come out on the other side, to have a handle on their addiction. Not to say that I don’t lose some along the way and it’s heartbreaking, but they know how much I care about them.”
Watching the participants’ determination to improve their lives is the best part of presiding over HOPE Court, Doherty said.
“I deal with a lot of awful stuff in this job, so they’re like my shining light,” she said. “I can see when they’re working hard, trying to do everything that is required of them to get through this program. I get to see a lot of determination, so that’s really the best part of it.”
HOPE Court’s success is not necessarily graduation. Doherty said she has participants who have not met all requirements for doing so, but who have remained sober for years. She personally determines who has successfully completed the program and who may be granted a neutral discharge – one that does not mean a return to jail or other penalties.
“Just because they don’t graduate, that does not mean they are committing new crimes and not leading drug-free lifestyles,” she said. “They’re doing great. That’s our measure of success.”
The number of people who later commit felonies is “very, very low,” about 10%, she added, careful to note that people who have completed HOPE Court’s mandates, whether or not they graduate, often return and act as mentors to people new to or still in the program.
To ensure HOPE Court participants get the attention they need, a maximum of 30 participants can be involved at any given time. Actual numbers are fluid, but Doherty says her docket is usually close to full.
RISE Court
Judge Poland presides over RISE Court, which was established March 16, 2021, to offer intensive services to people who are diagnosed with a moderate to severe substance use disorder.
The court’s goal is to provide participants with the skills they need to remain drug free, to introduce new ways to live a life of long-term recovery, to improve familial and social relationships and to find and engage in a pathway to recovery.
Participation is voluntary. People who have entered a guilty plea to M1 through M4 charges, or who have been identified as high risk, repeat OVI offenders are eligible, as are defendants who agree to intervention instead of conviction.
Defendants must be Portage County residents and must be diagnosed with a moderate or severe substance use disorder. Even then, the judge determines if they are candidates for the specialty courts.
“We work with them to make them successful. We can help them get training, help people get their license so they can get to work, get people into housing. You’ve got to want to stop the cycle,” Poland said.
RISE participants start by showing up for court every Monday morning, but that tapers off as goals are met, one by one by one. Participants must also agree to comply with all RISE Court mandates (similar to those for HOPE Court) for at least a year, or forfeit their probation.
The court has what Poland termed “a pretty good success rate,” though people do fail.
“We’re talking about drugs and alcohol,” he acknowledged.
People who have committed sex offenses (except for public indecency), first-offense OVI or offenses that involved an OVI-related death or serious personal injury are not eligible for RISE court.
STAR Court
The county also offers willing participants access to STAR Court, which is overseen by Municipal Judge Melissa Roubic.
Established March 9, 2016, STAR Court initially was a mental health diversion program presided over by the late municipal court judge Barbara Watson. Former Municipal Court Judge Barbara Oswick, now retired, worked to have the Ohio Supreme Court certify the docket as a mental health court, making it a specialty docket in its own right.
STAR Court’s collaboration team includes Portage County Mental Health & Recovery Board, Coleman Professional Services, Townhall II, Family & Community Services and Portage County Municipal Court.
The court assists people with severe and persistent mental illness who come into frequent contact with the adult criminal justice system. Its goal is to divert participants with mental health issues away from jail, prevent homelessness and coordinate mental health treatment.
STAR Court participants receive intensive services and links to mental health, employment, substance abuse and social service agencies for at least 10 months.
Participants must be county residents at least 18 years old and have pled guilty to a first, second or third degree misdemeanor charge. OVI, sex offenses excluding public indecency, crimes involving the use of a weapon or children as victims, fourth-degree misdemeanor and minor misdemeanor offenses are ineligible.
Participation is voluntary, and each person must demonstrate that they understand the program and consequences for failure to comply.
Participants are placed on probation for at least 10 months, during which time they must continue to comply with STAR Court mandates that include abstaining from drugs and alcohol, random drug and alcohol screenings, attending all appointments and status hearings, taking medication as directed and complying with program requirements.
Upon successful completion, the charge or charges are dismissed and may be sealed, as well.
Graduation day
This year, four hard-working men and women marked a new stage in their lives as they graduated Nov. 16 from HOPE and RISE court.
HOPE Court graduates Trista Wilson, Josh Ferrebee and Mark Ozimec, as well as a RISE Court graduate who requested her name not be released to media, read intensely personal statements as they petitioned the judges for program completion.
“It’s a joyous statement, but they get very dark. They’re talking about the worst parts of their life,” Doherty said.
Each graduate’s statement is pre-approved by their probation officer, but Doherty said she makes a point of hearing them for the first time at the graduation ceremony. She knows the people up there have gained employment, met all their legal obligations and are leading a clean, sober lifestyle.
“These folks impress me every time. They get up there, they’re looking at a room full of people, and they tell their story. They get up and talk about the ugly parts of their life, where their addiction started, where it led them, and now finally they’re at this crossroad, and they talk about the future,” Doherty said.
Wendy DiAlesandro is a former Record Publishing Co. reporter and contributing writer for The Portager.