Five years ago the Town Council asked the town attorney to investigate ways to further penalize repeat offenders of drug and alcohol violations in town.
After researching methods used in other jurisdictions, the town attorney's office chose an interdiction program that would increase repeat offenders' penalties from a fine to jail time.
Manuel Capsalis, deputy town attorney, recently updated council on the progress of the program saying to date 13 people have been interdicted and four are waiting to be served with interdiction papers.
"This is for the interdiction of habitual drunkards," he explained. "For someone to be interdicted they have to have five alcohol-related offenses in a 12-month period in town."
Capsalis said if a person has this many offenses in one year, more than likely they have a problem and need help.
"Our focus is on punishment," he said, "but it is also on deterrence and rehabilitation."
Before Capsalis' presentation at a council work session, Richard Kaufman, town attorney, gave a brief history of the program.
Approximately six years ago Herndon police and the town attorney's office saw numerous repeat offenders of drug- and alcohol-related offenses, such as drunk in public violations, said Kaufman.
In most cases the person would be arrested and detained at the county's detox facility, taking a police officer off of the street in the process.
The offender would then be given a court date. But, because most offenders did not show in court, they were charged and fined, without paying the fee.
Then a month or two later they would be picked up for the same violation, and the process would start over.
"This expends the tax dollars and the police officers' time," said Capsalis about repeat offenders. "You just reach a point where you wonder if the system is working, or is there a better way?"
SINCE THE COUNCIL'S approval of the program in 2000, Kaufman said the program has undergone necessary adjustments, adding they are finally seeing support from the merchant community.
"Merchants in town cannot sell alcohol to an interdicted person by law," said Kaufman. "The town attorney's office will mail a letter with a picture of the interdicted person to merchants once they have been interdicted."
Capsalis added because many of the repeat offenders are listed as having no fixed address, it is hard to interdict them.
Because papers must be served to the offender in person, Capsalis said ultimately they have to wait for the person to offend again before they can interdict them.
But, once served with the papers, the penalties for another drug- or alcohol-related offense increase from a small fine to the possibility of jail time up to one year.
"We've seen responses across the board," said Capsalis about the program. "We have had a few repeat offenders since being interdicted and they have faced significant incarceration."
During his presentation to council, Capsalis gave one example of an interdicted offender in the country illegally who had other charges brought against him. In the end, Capsalis said he opted for deportation, as opposed to serving jail time.
"On the other side," he said, "we have had several other offenders that have either moved or not committed other subsequent offenses in town."
Capsalis added although they are pushing for increased penalties and deterrence, his hope is they can also offer rehabilitation.
"We have had a couple of offenders who did commit other offenses post-interdiction," he said. "But, they were agreeable to counseling and treatment at the same time, which gives me some hope that this is able to work."
IN ADDITION TO being served with interdiction papers, Capsalis said offenders are also given rehabilitation options.
"The hope is this program will spur rehabilitation and deterrence," he said, explaining rehabilitation is "not something the town undertakes," but services that are provided by Fairfax County.
In most cases he said they have seen interdicted offenders, after another alcohol or drug related offense, be sentenced with jail time. As a way to bypass part of the sentencing, offenders are offered the option to receive treatment through a county-run alcohol and drug counseling program.
Capsalis said the hope is they will seek help for their addictions, resulting in less recurring offenses.
"If we can help save one person," he said, "that alone will make this program a success."
Kaufman said now that the town has seen small benefits of the program, which is funded through the town attorney's office, the hope is it will begin to make a larger impact.
Capsalis said as the program expands he hopes offenders with addictions will seek help, which ultimately makes the community a safer place.
"I think it is admirable of the town council to have taken this cause on and given it the support they have," he said. "This is a program that is unique in Fairfax County, the results have been very positive and because of that I like to think the town is more safe."