DelcoReviewSpring2017 - 26

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SECOND CHANCE COURT PROGRAM
D

elaware County
judges are taking a
proactive approach
in addressing the opioid
epidemic and the growing
problem of substance abuse
by giving those struggling
with addiction a second
chance.
As a cooperative effort
between the courts and law
enforcement, defendants
whose minor crimes are
rooted in drug use are
now being connected with
treatment and rehabilitation
in the early stages of the
criminal justice process
through the recently launched
Second Chance Court pretrial
drug program.
On March 9, 2017 judges of the
Delaware County Court of Common
Pleas and Delaware County's Magisterial
District Courts were joined by District
Attorney Jack Whelan, Councilman Dave
White, and police chiefs in a courtroom
at the Delaware County Courthouse to
announce the new program.
Spearheaded by Judge John P. Capuzzi
Sr., Second Chance Court implements
an early system of assessment in the
pretrial phase to divert low- to moderaterisk offenders into treatment as soon
as possible after their initial court
appearance. The program is designed as a
proactive intervention aimed at addressing
potential substance abuse issues and
reducing offender recidivism. It provides
a system of accountability through
educational programming, rehabilitation,
and treatment, as opposed to the typical
sentence imposed under a traditional court
conviction.
"After research and discussion with
treatment providers, we recognized that
intervention by courts was lacking at the
most critical time, immediately following
the arrest," said Capuzzi. "Consequently,

26 | Spring 2017

the defendants struggling with addiction
were released back without supervision to
continue a vicious cycle of addiction. The
purpose of this program is to address that
gap of time between arrest and the pretrial
conference so people can get the help they
need right away."
Previously, there was a lapse in time
between the initial court appearance in
Magisterial District Court, following an
arrest, to when a criminal case reached
the Court of Common Pleas level. In most
instances, this was a four to six month
gap in time when the individual was
released from police custody to continue
their struggle with addiction, or remanded
to prison without receiving any type of
treatment.
Through the Second Chance Court
program, these individuals are identified
at the time of the bail interview so that
judges in Magisterial District Court can
divert offenders to immediate treatment
as a condition of bail. Once an individual
is identified, the Delaware County Adult
Probation & Parole provides supervision
through the pretrial bail unit, and any
violations are addressed by Judge Capuzzi
and the Court of Common Pleas.

Once the person is
evaluated, it will be up to
that individual to continue
with treatment or to go
through the usual court
system route.
March 24, 2017.
District Attorney Jack
Whelan joined the
Delaware County Court
of Common Pleas to hold
a CLE seminar at the
Delaware County Bar
Association for attorneys
titled, Second Chance
Court: Early Intervention
for Opioid Addiction.
This seminar covered the
efforts of the courts to
connect county residents
who are 18 to 25 years of age with opioid
addiction to treatment starting at the
time of the bail interview/preliminary
arraignment with the goal of an optimal
final disposition. This is a cooperative
endeavor of the Office of the District
Attorney, Delaware County and the
Court of Common Pleas to close the gap
between arrest and the pretrial conference
in the Court of Common Pleas in order
to provide comprehensive treatment and
supervision.
The panel of distinguished speakers
included: Hon. John P. Capuzzi, Delaware
County Court of Common Pleas; Hon.
Kevin F. Kelly, Delaware County Court
of Common Pleas; Sharon McKenna,
Assistant District Attorney and Chief of
Narcotics and Forfeiture; Ken Collins,
Office of the Public Defender; Michael
Raith, Adult Probation and Parole; Philip
Pisani, Director, Diagnostic Services;
Stephanie Price, Coordinator; Linda
Barbera, Drug Court Coordinator,
Delaware County Treatment Court;
Stacie Nawn, Service Director of Drug
& Alcohol, Crozer Keystone Health
Systems.

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Table of Contents for the Digital Edition of DelcoReviewSpring2017
