BEYOND GETTING

SOBERThe Promise of DWI Courts

Judge Susan A. Jonas

WHY DWI COURTS?

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• 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