Four packets of crack cocaine confiscated by the police. - File

IN AN attempt to address the issue of drug abuse, a court to deal specifically with certain drug abuse offenders has been introduced in two locations in Kingston and Montego Bay, St. James.

The court represents a collaborative effort between the ministries of Justice and Health and forms part of the overall Drug Court Rehabilitation Programme, which was launched in 2001. The programme operates within the legal framework of the Drug Court (Treatment and Rehabilitation of Offenders) Act of 2001.

Although Jamaica is the first in the Caribbean to host a Drug Court, it is not unique to the island, as it exists in other countries, such as Australia and the United States.

"A drug court is a special court charged with the responsibility of handling cases involving drug abusing offenders, through an intensive and continuously super-vised treatment and rehabilitation programme," Marilyn Dunbar, director of Criminal and Civil Justice, Administrative Unit at the Ministry of Justice, told the Jamaica Information Service recently.

She said the drug court is presided over by a Resident Magistrate and two Justices of the Peace (JPs), who have jurisdiction with respect to any offence triable by a Resident Magistrate's Court.

The court involves the participation of judges, prosecutors, defence counsel, a substance abuse specialist, probation officers and law enforce-ment personnel.

Rehabilitation covers intensive and continuous judicially supervised treatment, mandatory drug testing and the use of other rehabilitation services.

There are certain requirements that must be satisfied before an offender can stand trial in the drug court. First, the person has to be charged with a relevant offence, meaning one that is triable in a Resident Magistrate's Court. Second, the arresting officer must be satisfied that the person has a drug problem.

No mental illness

Consultant psychiatrist with the Ministry of Health and head of the medical team administering the rehabilitation programme at the Maxfield Medical Centre, Dr. Myo Kyaw Oo, said that to be admitted to the programme, an individual should not be suffering from any mental illnesses.

"Mental illnesses like psychosis, because once they have a psychosis, they can create a disturbing dynamic in the group setting, or individual setting. Number two is that we assess the other eligibility like the family support," Dr. Oo said.

Types of programmes

Patients are assessed based on their motivation, their level of participation in the programme, whether they are willing, whether they admit their fault, or whether they admit they have a drug problem.

"Based on those motivations, we decide whether they should be admitted or they should not be admitted for the outpatient programme," Dr. Oo continued.

He said the major difference between a residential (inpatient programme) and an outpatient programme was that, in a residential programme, the patient has to stay in that facility for a period time.

"But here, these offenders live in their respective addresses and they have to come to the health centre. So therefore, we need a person with very strong motivation and strong family support," Dr. Oo said.

Participants in the programme are required to give written consent and where consent is given and that person successfully completes a drug court programme, he may be discharged either absolutely or conditionally.

Failure to complete the programme will result in sanctions. The treatment period is usually a minimum of six months and it involves regular urine testing and weekly appearances before the Drug Court.

The process focuses on behaviour and persons are encouraged to be punctual and well groomed.