The Kosciusko County Alcohol Abuse Deterrent Program could be facing some restructuring with the changes in the county's court assignments.
Felony traffic offenses, such as third-time drunk driving, have been transferred from Judge Reed's Circuit Court to Judge Sutton's Superior Court III. It is not certain that Sutton will agree to plea bargain agreements that are built around the AADP program.
The program has had some problems in its first year.
Two offenders made it through the plea bargain process only to discover that they would be unable to take Antabuse because of medical conditions.
Antabuse is a drug that causes offenders to become ill if they drink alcohol.
Other clients have balked at the high cost of paying for counseling that is required as part of the probation period. Probation officers have had complaints that offenders were not aware the program would be so expensive.
"I think that there can be some improvements in administration of the program," said Kosciusko County Prosecutor David Kolbe.
Kolbe wants to change the program to allow for medical screenings before offenders enter a plea bargain agreement.
Terry Yeiter, program director in Kosciusko County, has arranged for the two offenders with medical problems to take breathalyzer tests five times a week.
"I will continue to offer the program to defendants. The majority of defendants do usually accept the agreement," said Kolbe.
Kolbe said he would be disappointed if offenders refused to accept plea agreement because "I think we have had some early success, but I think it is a little too early to say that this is a glowing sucess," said Kolbe.
Yeiter, who was assistant director of Fort Wayne's AADP program for seven years, said this county's first client will complete the first year of his probationary period on Jan. 6. Yeiter reported that it takes a year for clients to succeed in the program. Fory Wayne AADP handled 1,700 AADP cases in its seven-year history.
A recent report released by the prosecutor's office claims a 95 percent conviction rate for third-time drunk driving offenders. But critics say that the fact that offenders get out of three years in prison contributes to the high level of convictions on plea agreements.
When the program was established, third offense drunk driving charges were filed as class D felonies. Offenders faced three years in prison.
But to be convicted on a felony charge, a jury trial must be held unless the offender and the prosecutor agree on a plea.
AADP is structured so that the costs of work release, Antabuse and probation are paid by the defendant.
Yeiter reported that two of the county's AADP offenders have left the program. Their files were turned over to the courts.
Forty-four clients have been referred to Yeiter. Only 21 are currently using the services of the probation department. And 10 individuals in Kosciusko County Jail are serving the jail portion of their sentences.