Volume 1, Issue 1 TheThe DWIDWI March 2008 CourtCourt ReporterReporter DWI Courts: Making Your Community A Safer Place A Publication by the

Special Points of Interest on NCDC and Beam Global Recognize Nevada DWI Courts DWI Courts • A DWI court is a distinct On February 27, 2007, court system dedicated to changing the behavior of the West Huddleston, CEO /drug dependant of the National offenders arrested for Driving Association of Drug While Impaired (DWI). For the DWI Court Guiding Court Professionals, Principles go to: (NADCP) and Executive www.ndci.org/ Director of the National dwi_drug_court.htm Center for DWI Courts • DWI courts operate within a (NCDC) along with post-conviction model. president and CEO of • In the University of New Beam Global Spirits & Nevada judges, legislators, and law enforcement Mexico ’s evaluation of the Bernalillo County Wine Tom Flocco, and showing support for DWI Courts. Metropolitan Court ’s DWI/ champion race car Program, only 36 driver Robby Gordon establishment of more outside of the Regional of the 341 graduates had been rearrested for DWI recognized Nevada’s DWI Courts throughout Justice Center in Las since the program’s successful DWI Courts the state. Vegas, Nevada, were inception, which reflects a and Senate Bill 277 DWI Court judges, recidivism rate of only 10.6%. Joining Huddleston, which allows for the Flocco, and Gordon (Continued on page 2)

Inside this issue: National Center for DWI Courts Appoints First Director A Risk Taker is Sold on the criminal law field to awareness about the DWI Courts—A 4 The National Center for Prosecutor’s Viewpoint DWI Courts (NCDC) has his role as the first effectiveness of DWI director of NCDC. Courts and provides announced the Michigan Study Finds appointment of NCDC, a division training and research to DWI Courts Effective 7 David J. Wallace of the National court personnel as DWI Association of Courts are launched as director. Upcoming Conferences Wallace brings Drug Court throughout the country. and Training Programs 8 23 years of Professionals (NADCP), raises (Continued on page 6) experience in David Wallace

Page 2 The DWI Court Reporter

Nevada DWI Courts Recognized

year, Beam Global and NCDC treatment with the have partnered together to accountability, immediacy and bring national attention to the certainty of court response effectiveness of DWI Courts in works more effectively than reducing the recidivism rate of punishment alone. We hope to offenders. DWI Courts deal build on that success by raising with hardcore and repeat drunk awareness for DWI Courts in driving offenders by providing Nevada and throughout the long-term, ongoing country.” accountability and A Pilot Project rehabilitation, in addition to a DWI conviction. Clark County, Nevada established a pilot program with DWI Courts Work one DWI Court in its jurisdiction DWI Courts retain DWI eight years ago. Nearly 400 offenders in treatment and offenders have successfully Judge Hardcastle addresses under judicial supervision for completed the program. Of the those in attendance. up to six times longer than those who successfully other strategies. In fact, 70 graduated, only 12 percent had percent who are ordered to the a repeat offense (Continued from page 1) court successfully complete within three years of their treatment and graduate a year graduation. prosecutors and law later. Why is that enforcement officials to “Nevadans have seen important? firsthand that DWI courts support the expansion of DWI Clinical research “DWI Courts are are an effective way to Courts in Nevada, to thank has shown that saving lives” punish those who break Nevada state legislators for the longer an their support, and to Judge Kathy A. the law and to deter alcoholic stays in drunk drivers by targeting acknowledge the life-saving treatment, the Hardcastle efforts of DWI Courts. Honored repeat offenders and better their individuals with high BAC guests included Chief Justice of outcomes. the Nevada State Supreme levels. Expanding this effort, Court Mark Gibbons, Chief “We are pleased that Nevada along with programs to teach Judge of the 8th Judicial District has had great success with drivers about the dangers of Kathy Hardcastle and Senator DWI Courts and applaud state impairment, are two ways that Valerie Wiener, co-sponsor of legislators for passing Senate we can make America’s roads Senate Bill 277 Bill 277,” stated West and highways safer. As co-chair Huddleston. “The Nevada DWI of the Congressional STOP DWI With more than 17,000 people Court pilot program has proven caucus, I applaud the men and killed by drunk drivers every that blending long-term (Continued on page 3) Volume 1, Issue 1 Page 3

Nevada DWI Courts Recognized

(Continued from page 2) been the sponsor of legislation appreciation to Beam Global supporting Nevada’s DWI for supporting the National women of law enforcement and courts and their efforts to Center for DWI Courts and for our courts for protecting the protect our community.” including me in their efforts to public and for their support of “DWI Courts are saving lives,” help raise awareness for this efforts to prevent drunk stated Chief Judge Kathy A. life-saving program. I thank driving,” said Congresswoman Hardcastle, Eighth Judicial Nevada legislators for their Shelley Berkley (D-NV). District Court. “Nevada is a efforts in expanding DWI Courts throughout the state and “I am very powerful encourage other states to pleased that example of how follow Nevada’s lead.” Nevada has been effective DWI “I am truly impressed so committed to Courts can be. A Partnership for DWI Courts the expansion of with the results of On behalf of DWI Courts to reduce other DWI Court Beam Global and NADCP DWI Courts in the partnered in May 2007 to state,” said Jon drunk driving.” judges, we would like to thank launch the National Center for Porter (D-NV), co- NASCAR Driver Robby Nevada DWI Courts, which focuses chair of the STOP Gordon legislators for solely on hardcore and repeat DWI caucus. supporting this drunk driving offenders. Beam “Individuals who program. I Global is in its second year have driven under the encourage other courts and working with NCDC to help influence of alcohol, or driven judges to demonstrate raise awareness about the while impaired, have taken leadership by establishing a effectiveness of DWI Courts. In thousands of lives and DUI Court. It's been my 2007, 25 states established shattered so many families. As experience that DUI Courts (Continued on page 6) public officials, it is our provide tremendous public responsibility to reduce drunk safety while driving incidents and this is a addressing the huge step in the right core problem of direction.” addiction". “We need to keep our roads “I am truly safe from drunk drivers,” impressed with commented Nevada State the results of Senator Valerie Wiener (D-NV). DWI Courts to “Hardcore drunk drivers are reduce drunk causing the vast majority of driving,” alcohol related traffic fatalities commented and we need to address this Robby Gordon. Chief Justice of the Nevada State Supreme Court severe form of drunk driving “I would like to Mark Gibbons, with Robbie Gordon and the Jim Beam NASCAR car. head on. I am proud to have offer my Page 4 The DWI Court Reporter

A Risk-taker is Sold on DWI Courts—A Prosecutor’s Viewpoint

By: Jeff Sauter attend a national training, not reduced the incidence of Eaton County, because when you’re from drinking and driving, but I Michigan Prosecutor Michigan you don’t say anything wasn’t ready to embrace a I’ve been called a to put a winter trip to Los theory of justice based on a risk-taker…and Angeles at risk. feel-good hope that treatment much worse. In my 25 years of would work. The National Training prosecution, the last 18 as the It’s More than Just Treatment elected prosecuting attorney, I At the national training, I have believed in individual worried that I was being asked Treatment providers are proud accountability and punishment. to support another concept of their methods, but most will I have also been skeptical of designed to insulate admit that new government programs criminal defendants treatment which promise, in glowing words from the sessions do and politically-correct phrases, consequences of no good if to “prevent” crime. To me, their own behavior. the offender government is usually best Our team planned to isn’t there. I described by the phrase “when see if drug learned that all is said and done, there is treatment court Everyone works together . DWI courts usually principles could be are more more said applied to drunk drivers. But I effective than treatment alone than did not want to agree to because the court coerces the The last concept done.” something that increased the offender to attend. I also liked that helped sell risks to the public. the sound of immediate We me on DWI consequences for any started I am glad that I listened with an courts was the violations. That concept our first open mind, because the team approach . balanced my initial discomfort “drug trainers, judges and other with “rewards” being given out treatment professionals answered my in court. court” -- concerns. Like usually called by us in Michigan any experienced Immediate consequences a court, because we prosecutor, I are possible because DWI focus on DWI cases -- over ten was familiar with courts require frequent years ago. I’m a big supporter of substance- “review hearings” with the the drug treatment court abusing judge. The probation agents approach, but I didn’t always defendants and and treatment providers feel that way. the frustrating communicate about the regularity with offender’s progress or When it was proposed that we which they re- failures so the judge start a DWI court, I was offend. I also personally knows what is skeptical. But, I didn’t voice my understood that going on during the review concerns immediately when I Testing is one way to incarceration learned that our team had to ensure accountability . (Continued on page 5) and fines had Volume 1, Issue 1 Page 5

A Risk-taker is Sold on DWI Courts—A Prosecutor’s Viewpoint

(Continued from page 4) Being Smart caseloads were too large to monitor probationers closely. All When we started our DWI court hearing. That incentives or things considered, I decided in 1997, I knew that I was punishment would be meted that the greater risk was in not taking a risk. Prosecutors, of out without the usual delay trying a new approach. course, are supposed to be appealed to my commonsense “Tough On Crime,” and every It’s A Success belief that lessons are best elected prosecutor knows that learned that way: immediately. And, over the course of ten the next election cycle could years, I have found that the It Takes Teamwork bring a residents of our county approve challenge The last concept of our efforts to deal with the I also liked the sound of that he or that helped sell me underlying substance abuse. I immediate consequences she is “soft” on DWI courts was believe that our effort has been for any violations. That on drugs or the team approach. a success. I’m not suggesting concept balanced my drunk I liked that the that every case has been a initial discomfort with drivers. This various participants success. But, overall, I believe “rewards” being given out is the stuff in the court would that as a result of our program, in court. that keeps have a say about a number of participants have us up at the procedures to returned to productive lives at night. be used. work, and returned to But prosecutors are also relationships with children and While I support DWI courts, I do supposed to be smart and are other family. What skeptic could not suggest that everything expected to make effective use disagree with that? goes smoothly or that the of limited resources. I had taken tension between judge and the tough, punishment-only prosecutor, or prosecutor and approach for years, but limited Editor’s Note: Jeff Sauter has defense counsel, is eliminated. jail and prison space in served as the Eaton County Without intending to point a Michigan had reduced the Prosecuting Attorney in finger, I have learned that some actual available incarceration Michigan since January 1, team members sometimes for drunk driving. That meant 1991. Eaton County has had a consider themselves more that a drunk DWI Court since 1997. equal than others. To be fair, I driving have undoubtedly caused the defendant could other team members a good not be removed share of aggravation over the from the road for years, and nothing good comes any meaningful easily. A team approach length of time. requires work, a commitment to the team, and a willingness to Moreover, while consider problems from the probation agents There are immediate consequences. perspective of others. were well- intentioned, their Page 6 The DWI Court Reporter

New Director Appointed Nevada DWI Courts Recognized

(Continued from page 3) and enhanced judicial (Continued from page 1) accountability to turn their lives 29 DWI Courts to address around,” said Huddleston, “and As director, Wallace will work hardcore drunk driving. closely with DWI Courts across for the 400 DWI offenders who the country. He will also work “Beam Global have participated with government officials and Spirits & Wine in the program in legislators to establish more DWI is committed “I am proud to have been Clark County, the Courts, which deal with hard to eliminating the sponsor of legislation outcomes are core and repeat drunk driving drunk driving,” supporting Nevada’s DWI phenomenal. said Tom offenders by providing long-term, courts and their efforts to Only 12 percent Flocco, ongoing accountability and protect our community.” of graduates rehabilitation, in addition to a president and Nevada State Senator have been DWI conviction. Research CEO, Beam Valerie Wiener arrested for a demonstrates that DWI Court Global Spirits repeat drunk graduates are four times less & Wine, Inc. likely to be rearrested for “We support programs that driving offense within three impaired driving. reduce drunk driving and are years. That means a safer committed to working with any Clark County for you and me. “We are honored to have David state willing to help save lives What could be more important Wallace join NCDC in the fight by establishing more DUI against drunk driving,” stated than celebrating a solution that Courts. Nevada’s pilot DUI West Huddleston, executive drastically reduces repeat Court illustrates the director of the National Center drunk driving and saves lives?“ effectiveness of this program. for DWI Courts and the chief We encourage others to join us executive officer of the National in support of NCDC and the Association of Drug Court fight to eliminate hardcore Professionals. “David brings a drunk driving.” wealth of experience to NCDC as a prosecutor and educator. He “Beam Global is committed to working with law recognizes the enforcement, prosecutors, and common sense judicial parties to expand on the approach of DWI success that DWI Courts have Courts. That is, if already had across the country.” we are truly going Prior to joining NCDC, Wallace to deal with served as the Traffic Safety repeat DWI Resource Prosecutor (TSRP) for offenders, they the Prosecuting Attorneys will need long- West Huddleston addresses those in (Continued on page 8) term treatment attendance. Volume 1, Issue 1 Page 7

Michigan Study Finds DWI Courts Effective

A three-county evaluation in 5. How does the use of Michigan found that participants resources differ between DWI in DWI Courts were considerably court versus traditional less likely than DWI offenders probation? sentenced to probation to be The Answers arrested for a new DWI offense or for any new criminal offense Below are a few of those within 2 years of entering the questions with brief answers programs. The study was using examples from the conducted by the Michigan State locations that participated. Court Administrative Office and #1: Does participation in DWI data analyses were performed court reduce recidivism? YES. independently by NPC Research, DWI court participants were re- The three DWI Courts that Inc. The study examined arrested significantly less often outcomes for all participants participated in the study were than comparison group Ottawa, Bay, and Clarkston. who entered the programs, offenders who were sentenced regardless of whether they to traditional probation. In an traditional probation. Further, the graduated successfully, and example from one DWI court average waiting period between drew on comparison site, the comparison offenders arrest and sentencing was probationers from the same on traditional probation were re- significantly reduced in the DWI counties who were matched on arrested nearly six times more court. The number of days spent relevant eligibility criteria. often in the first year after in jail prior to program or The Questions starting probation for the DWI probation start and the total time charge than the DWI court Five important questions were in jail for that DWI case was also participants. answered by an analysis of the significantly reduced, thus saving the criminal justice system time data. The questions were: #2: Does participation in DWI court reduce levels of substance and money. Time enrolled in the 1. What is the impact of abuse? YES. Participants in the program was higher for DWI court participation in a DWI court on DWI Court significantly participants. Longer time spent recidivism (re-arrests) compared decreased the percent of in the program predicts success to traditional court processing? positive drug tests over time. both in completing the program 2. Does participation in DWI This provides support that the and in reducing recidivism. court reduce levels of alcohol DWI Court was instrumental in Bottom Line and other substance abuse? reducing the amount of illegal drug use during the first year Overall, the evaluation results 3. How successful is the participants spend in the demonstrate that the DWI court is program in bringing program effective in reducing recidivism program. participants to completion and and reducing drug and alcohol graduation within the expected #5: Does the use of resources use while using less criminal time frame? differ between DWI courts justice system resources to versus traditional probation? 4. What participant accomplish these goals. YES. Results show that DWI characteristics predict court participants spent For a copy of the Executive successful outcomes (program considerably more time in Summary or the full study, go to: completion, decreased treatment than those on www.npcresearch.com/news.php recidivism)? Upcoming Conferences and Training Programs

NADCP’s 14th Annual Drug Court Training Conference DWI Courts: Making Your Community A Safer Place May 28-31, 2008 Americas Center 4900 Seminary Road Alexandria, Virginia 22311 St. Louis, MO (703) 575-9400 (703) 575-9402 National Center for DWI Courts Training E-mail: [email protected] 3.5 Day Planning Training Programs June 3-6, 2008—Austin, Texas The Center is supported by July 15-18, 2008—Athens, Georgia a charitable contribution from Beam Global Spirits & Wine, Inc. 1 Day Enhancement Training March 28, 2008—St. Louis, Missouri April 18, 2008—Buffalo, New York

For more information on the NADCP Annual Drug Court We’re on the web conference go to: www.nadcp.org. www.nadcp.org For more information on the NCDC Training, contact Sarko Gergerian at [email protected]

New Director Appointed for the National Center for DWI Courts

(Continued from page 6) Wallace was also the Bachelor of Arts degree from chairperson for the committee Alma College in Alma, Michigan. Association of Michigan that revised the NHTSA training He is licensed to practice law in (PAAM), where he instructed manual, Lethal Weapon, and is Michigan and California, prosecutors and law a member of the Traffic Injury (currently inactive status). enforcement officers in Research Foundation’s About The National Association for Michigan on a variety of traffic “Working Group on DWI System Drug Professionals: safety topics, focusing on DWI Improvements.” Wallace is the The National Association of Drug Court and vehicular homicide cases. Professionals (NADCP), a not-for-profit recipient of the National organization, was founded in 1994 by Wallace is also a former Commission Against Drunk a group of visionaries to reduce the Calhoun County and Eaton Driving Adjudication Award for negative social impact of substance abuse, crime, and recidivism by: County Assistant Prosecutor 2004, and a Governor’s with more than 15 years of • promoting and advocating for the Highways Safety Association - establishment and funding of drug active trial experience. Certificate of Commendation in courts, DWI courts and other problem- He is a frequent lecturer across July 2003. solving courts; • providing for the collection and the country on DWI issues and Wallace received his Juris dissemination of information; was on the committee that Doctor from Southwestern revised the NHTSA training • providing training, technical University School of Law in Los assistance and mutual support to manual, Prosecution of Driving Angeles, California and a courts nationwide While under the Influence.