BEYOND GETTING
SOBERThe Promise of DWI Courts
Judge Susan A. Jonas
WHY DWI COURTS?
.
• Alcohol is our national drug of choice.
• Part of our daily lives.
• Part of our culture.
• It has been around for at least 5,000 years.
HERE IS THE PROBLEM:• In 2011, for the first time in decades, drunk driving deaths
fell below 10,000 to 9878 – one every 53 minutes• 211 children were killed in drunk driving accidents. 131
were riding with the drunk driver• Almost every 90 seconds, a person is injured in an alcohol
related crash• One in three people will be involved in an alcohol related
crash in his or her lifetime• One third of those people were repeat offenders• NHTSA estimates average drunk driver has driven drunk
70-80 times before arrested
CONSEQUENCES OF DRINKING AND DRIVING
FINANCIAL COST
Drunk driving costs the United States $132 Billion every year = $500 for every
adult
MEET BART
We Cannot Incarcerate Our Way Out Of This Problem
Over the last 20 years specialty courts have emerged as the most effective programs
within the criminal justice system for persons who struggle with drug and alcohol
addiction.
ACCOUNTABILITY COMPASSION
Today there are more than 2300 Drug/Treatment Courts nationwide located in
every state and territory.
The Ten Key Components are the Building Blocks of a Drug Court
#1: Drug courts integrate alcohol and other drug treatment services with justice system case processing.
#2: Using a non-adversarial approach, prosecution and defense counsel promote public safety while protecting participants’ due process rights.
#3: Eligible participants are identified early and promptly placed in the drug court program.
#4: Drug courts provide access to a continuum of alcohol, drug, and other related treatment and rehabilitation services.
#5: Abstinence is monitored by frequent alcohol and other drug testing.
#6: A coordinated strategy governs drug court responses to participants’ compliance.
#7: Ongoing judicial interaction with each drug court participant is essential.
#8: Monitoring and evaluation measure the achievement of program goals and gauge effectiveness.
#9: Continuing interdisciplinary education promotes effective drug court planning, implementation, and operations.
#10: Forging partnerships among drug courts, public agencies, and community-based organizations generates local support and enhances drug court program effectiveness.
610 DWI COURTS NATIONWIDE
DWI/SOBRIETY COURTS
Operate in a post-conviction model using intensive supervision and treatment to change offenders’
behavior.
TEAM APPROACH
DEFENDANT
JUDGE
PROSECUTOR
DEFENSE ATTORNEY
TREATMENT PROVIDER
CASE MANAGER
LAW ENFORCEMENT
SURVEILLANCE OFFICER
COORDINATOR
IDENTIFY APPROPRIATE TARGET POPULATION
• High-risk and high-need offenderso Repeat offenders – Two or more
DWI convictionso Alcohol addiction or serious
substance abuse patterno A substantial risk for reoffending or
failing standard probationo High Blood Alcohol Content (BAC)
DANGER!!!
Although not violent, these people are a dangerous risk to public safety.
TYPICAL PROGRAM REQUIREMENTS
• Post-conviction adjudication – No diversions• Intensive Probation Supervision• Random and frequent alcohol/drug testing• Individualized long-term treatment • Regular court appearances where judge reviews progress• 12 Step Meeting attendance• Curfew• Scheduled and unscheduled home visits• Community Service• Offender payment of fines, costs, restitution and other fees• Graduation and termination criteria
STAFFINGSParticipant progress is reviewed by the team prior to
each review session.
REVIEW HEARINGS• Review hearings take place in the
courtroom with all the participants scheduled to appear.
• Each participant speaks to the judge about his or her progress.
• Incentives or sanctions are administered when appropriate.
• Promotions and graduations are recognized during the review hearing.
MOTIVATIONAL INTERVIEWING
• Use open-ended questions• Ask for elaboration• Ask for examples• Ask to look back or look forward• Ask for the best or worst• Listen actively• Be accepting
INCENTIVES
• Verbal praise from the judge• Applause• Promotion to the next phase• Fewer appearances at court• Gift card• Certificate of Accomplishment• Fish Bowl• Commencement from Sobriety Court
SANCTIONS
• Verbal warnings• Writing assignments• Prolonged period in phase• Increased drug/alcohol testing• Curfew• Community Service/JAWS• Jail• Termination from Sobriety Court
DRUG TESTING
“Recovery starts with a drug test”
A STRONG FACTOR
Participants in focus groups were consistent in reporting that one of the strongest factors in keeping them from using was the drug testing.
Methods Used For Specialty Court Proceedings Should Be:
• Scientifically valid--utilizes proven technologies accepted by the scientific community
• Legally defensible--able to withstand legal challenge
• Therapeutically beneficial
Preliminary Breath Test (PBT)
DRUG TESTING• Collections directly observed
• Participants must produce enough urine to fill ½ specimen cup
• Sample must not be dilute/no creatinine supplements
• Sample must meet acceptable temperature range
• Results are immediate
Ethylglucoronide EtG and EtS Ethylsulfate testing
• Use recommended biomarker cutoffs • EtG 500ng/ml• EtS 100ng/ml
• Can test alcohol metabolites within 24-48 hours of use
• Provide participants with an alcohol use advisory document, i.e. drug testing policy.
• EtG/EtS testing is used for travel, late testing, missed testing.
FIELD ALCOHOL TESTING
Use Field Surveillance Officers who perform random home visits
IGNITION INTERLOCK
• Michigan, Georgia, Idaho, Missouri and New Mexico
• Restricted Licenses for Repeat Offenders • Must be in a Sobriety or Drug Court Program• Approved by the judge• Have an Ignition Interlock Device installed
IGNITION INTERLOCK
• Participants must use a device with a camera
• Current provider has GPS monitoring
• Case managers can obtain information online and in real time
IGNITION INTERLOCK
• Useful for testing if participants are out of town
• Participants can do daily testing from home
POSITIVE IMPACT OF DWI COURTS
PUBLIC SAFETY IMPACT
DWI Courts
High rate of success
Low rate of recidivism
FINANCIAL IMPACT
For every $1 invested in Drug Courts, taxpayers save $3.36 in criminal justice
costs
CRIMINAL JUSTICE IMPACT
Saves Time and Costs of Incarceration
FAMILY IMPACT
Reunites Families
The Guiding Principles of DWI Courts
#1: Determine the Population#2: Perform a Clinical Assessment#3: Develop the Treatment Plan#4: Supervise the Offender#5: Forge Agency, Organization, and Community
Partnerships#6: Take a Judicial Leadership Role#7: Develop Case Management Strategies#8: Address Transportation Issues#9: Evaluate the Program#10: Ensure a Sustainable Program
I’M NOT LOST YET – Michigan Motorcycle Relay for Recovery