What is the link between one’s thoughts and one’s behavior?
That question is a vital one for the criminal justice system when it comes to keeping people from continuing destructive behavior.
McKean County President Judge John Pavlock talked with The Era about the efforts taken in the McKean County criminal justice system to support people with drug or alcohol addiction or mental health problems that enter the courtroom doors.
The biggest way the court does that is to make treatment available and offer incentives or punishments to motivate defendants to stay in treatment. They do everything possible to see that defendants have drug and alcohol or mental health plans in place.
Pavlock explained that an evaluator from Alcohol and Drug Abuse Services will often attend court Thursday mornings — when many DUI cases are scheduled — so defendants have a chance to get an evaluated and start their treatment as soon as possible.
“Our probation staff also works closely with Alcohol and Drug Abuse Services and other providers to assure that defendants sentenced to follow their treatment plan are meeting that requirement,” he stated.
The same goes for mental health treatment, according to Pavlock, who explained, “We also work with mental health providers to assure that, when we order that a defendant obtain a mental health evaluation and follow their treatment plan, they are doing that.”
It is not uncommon to see the judge dole out a sentence in which a defendant is able to petition for early release if the person completes certain tasks. At the same time, if that person doesn’t complete those tasks or follow his or her treatment plan, that person’s probation can be revoked and they may face further sanctions, including incarceration.
“All I have as encouragement on the bench is a big box of jail,” Pavlock said.
He added that he does have a chance to provide some words of encouragement when people go before him in court.
“I try to talk to people and motivate them,” he explained.
Behind the scenes, everyone who encounters the defendant may play a role in their treatment, including jail staff, defense attorneys and the prosecutors, according to Pavlock.
At the McKean County Jail, staff might realize there is a larger problem based on someone’s behavior, such as if a defendant is not taking steps to help themselves.
“They could be suffering to the point they don’t even reach out for an attorney,” said Pavlock, who explained, “The jail staff has done a great job in recognizing when people” need assistance, and might have a public defender come talk to the person.
In many cases, defense attorneys become almost counselors to defendants, not only giving legal advice but encouraging them to straighten out their behavior to keep themselves from getting into further trouble.
“They play a critical role there,” Pavlock said, adding, “The prosecutors do, too.”
Prosecutors will consider what actions a defendant has done to change their behavior — such as by seeking drug and alcohol or mental health treatment — when negotiating a plea.
“If you are committed to your treatment, that will be reflected in your sentence,” Pavlock said.
He noted that is just one of many factors that are considered at sentencing; punishment is also a factor.
However, the value of promoting treatment is undeniable. Pavlock sees many people in court who either have no mental health or drug and alcohol treatment plan or who have a plan they are not following.
“There’s enough cases where people need help,” he said. “They’ve committed a crime because they suffered from addiction or a mental health issue or both.”
He often sees a “dramatic improvement” in people who begin following a treatment plan. “It’s like meeting a different person.”
Treatment is not a one-size-fits-all solution, and not everyone can find the help they need. There are some who do not improve, or who even get worse.
“Incarceration can contribute to the mental health issues they’re having,” Pavlock noted.
For those who say mental health issues and drug or alcohol addiction are diseases, he said, “That is true” — but he does not agree with the assertion that individuals are not accountable for trying to improve themselves.
Pavlock compared it to this scenario: If he falls on the ice and breaks his arm, the fall is “absolutely not my fault.” But if he doesn’t reach out for treatment and consequently suffers further medical complications, “Then it becomes my fault.”
It’s ok to need help, the judge added. And he takes seriously his duty to make help available.
Back to the broken arm scenario, Pavlock may need to ask for help from someone to get treatment; for instance, someone else may have to drive him to the doctor.
In the case of addiction or mental health issues, “We try to be that help,” Pavlock said, though it is “ultimately up to the person” to face the problem.
“You have to address it and find a way to move forward and productively function,” he said.
For many, treatment brings improvements but does not mean problems disappear.
“Drug addiction is an illness that never goes away,” Pavlock said.
The issue is made even more complex by the factors that cause addiction.
“Some people choose to use initially; some people get a little push by being prescribed something,” he explained.
He indicated that the medical system has contributed to the drug problem in the county.
Pavlock has seen people who never took a narcotic until they suffered an injury; then, perhaps due to a genetic predisposition, they now have a problem and end up before him in court.
“It’s very, very scary. And it’s something we see often,” he said.
The McKean County Courthouse does not have in-house treatment providers, but some counties do. Some counties — mostly larger ones — have specialty courts that serve individuals with specific needs.
Pavlock said the most common specialty courts in Pennsylvania are drug and alcohol treatment courts, veterans courts and mental health courts.
Specialty courts work, according to Pavlock. They are successful at helping address the needs of many defendants but are often not feasible in small counties like McKean.
“Statistics do demonstrate that, since recidivism rates are lower for those defendants who participate in specialty court, there can be substantial long term savings from these programs. However, it can be difficult to devote the initial funds in counties like McKean County where budgets are already very tight,” he explained.
It takes a great deal of resources to sustain specialty courts.
“Specialty courts do not just happen; they require an initial and continued commitment of time and resources,” he said. “To operate effectively and be properly certified as a ‘specialty court,’ initial and continued training and the dedication of funds is required. Each court requires oversight and administration including drug and alcohol specialist and administrative staff.
“In larger counties with more volume of cases, devoting resources to these specialty courts makes more financial sense,” Pavlock said.
He described why specialty courts are more feasible in places with larger populations.
“For example, if a specialty court is established in Allegheny County and 500 defendants participate in it each month, it makes sense to devote resources to it,” he said. “However, in McKean County where we may have 15 or 20, or even 2 or 3 individuals who would be eligible for a program, the cost of establishing and continuing a specialty court may seem less justified.”
Despite the hurdles, Pavlock continues to make efforts to develop specialty courts in the county.
“We (McKean County Court) have prepared and presented proposals for the establishment of, or to at least begin the process of establishing, specialty courts in McKean County,” he said. “However, these requests, again due to our very tight budgetary situation here in McKean County, have not yet been approved.”
Of the efforts to make treatment available in McKean County, Pavlock said, “Is it the same as a specialty court? No. But on the other hand, it’s not all or nothing.”
Making treatment available to individuals is a high priority for the judge. He plans to continue improving treatment options, be it through the development of specialty courts or through continuing “to try and improve the integration between treatment and the criminal justice system.”
In addition to working with mental health and drug and alcohol treatment providers, Pavlock said the court works closely with Zach Pearson, McKean County director of veterans services, to make sure veterans have information about programs available through the Veterans Administration.