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Court Intervention: Pre-Sentence Investigation If you have issues viewing or accessing this file contact us at NCJRS.gov. ------~--- ---- .. National Criminal Justice Reference Service COURT INTERVENTION: PRE-SENTENCE This microfiche was 'produced from documents received for inclusion in the NCJRS data base. Since NCJRS cannot exercise control over the physical condition of the documents submitted, INVESTIGATION the individual frame quality will vary. The resolution chart on this frame may be used to evaluate the document quality. TECHNIQUES FOR DRINKING/DRIVING OFFENSES 2 8 1.0 :; 11111 . 111111:~ W IIp·2 .2 W I.r.: I~ w: J:,i 14.0 ..,.I.::. u. - 1.1 tIl&.:.u - , == I 111111.25 11111·1.4 111111.6 I ! I MICROCOPY RESOLUTION TEST CHART NATIONAL BUREAU OF STANDARDS-1963-A .. ' ~ ...,.. '~'''';'''' ..' .. ~" - q P ARTI'CIPANT'S Microfil~ing proced~;~~~sed to create this fiche comply with & the standards set forth i1141CFR lOl-11.SD4. MANUAL Points of view or opinions stated in this document are those of the author(s) and do not represent the official U.S. Department of Transportation DATE FILMED ~ National Highway Traffic Safety Administration position or policies of the U. S. Department of Justice. Washington, D.C. 20590 '-, . ~ , .... ~ 1. _ .I. ' 1 9/04/81' " National Institute of Justice -;: .J.____ .... United States Department of Justice Washington, D. C. 2053<1 • , --~---.~--~. --- ~ I ! CONTENTS SEMINAR AGENDA iii ; - l AGENDA PRE-SENTENCE INVESTIGATION SEMINAR Day One 0900-1200 1. Introduction and Overview UNITS 1. Introduction and Overview 1 i: This unit covers: (a) introduction and administrative infor­ 2. The Problem Drinking Drive 9 mation, (b) information on DOT/NHTSA standards, (c) the genesis of the project, and (d) explanation of the ASAP 3. Alcohol and Impairment 13 health/legal approach. 4. The Responsibilities of PSI Personnel 21 Coffee Break 5. Screening Instruments 25 2. The Problem Drinking Driver 6. Practical Application 29 The national and local statistics on alcohol-relat~d highway crashes will be reviewed, with particular emphasis on the 7. Report Writing 37 average Blood Alcohol Concentration (BAC) at which the 8. Court-Monitored Rehabilitation Programs 41 drinking driver is arrested, and the prior arrest records of these drivers. 9. Summary of Recommendations 45 1200-1300 Lunch 1300-1700 3. Alcohol and Impairment This unit will focus on the physiological effects of alcohol and its influence on driving abilities. The group will view the Alcohol Use and Abuse 47 APPENDIX A film "Under the Influence," and discuss the multitude of factors which affect an individual's ability to drive at high BACs (.10 and above). 4. The Responsibilities of PSI Personnel APPENDIX B Sample Tests 51 Using examples of the various ASAP court systems, the concept of screening and diagnosis for court referral will be covered. Preliminary diagnoses of sample cases will be requested as "homework" assignment. ,.. Day Two i. 0900-1200 5. Screening Instruments Review homework, review two systems. A brief history of the types of instruments used in screening will be presented, highlighting the CPIPD, and a videotape of the Sample CPIPD. Interview will be shown and the scoring explained. Sample interviewing techniques will also be demonstrated by means of videotape. Coffee Break 6. Practical Application Selected participants will demonstrate, through role-playing, their mastery of the administration of the CPIPD, and its scoring, using sample cases. 1200-1300 Lunch 1300-1700 6. Practical Application (continued) 7. Report Writing , Guidelines will be provided for a "model" referral form .~. Preceding page blank . ~ ii'i ---- ----~--- ---------- -------~--- -----------...-------------- I I -I ! Unit which contains all necessary and sufficient information for use by the courts, probation, and treatment agencies. Introduction and 8. Court-Monitored Rehabilitation Programs Reviewed here will be the res~~ts ~f the ASAP STR study, 1 Overview an~ su?gested. modes of rehabIhtatIOn for each drinker type. GUIdehnes wIll be provided for monitoring attendance/ completion of court-mandated programs. OBJECTIVES • Acquaint the group with the instructor(s), the seminar purpose and scope, and expectations of the participants. 9. Summary of Recommendations • Become familiar with the relationships between DOT, NHTSA, and The group be polled to obtain agreement on specific ~ill the applicable standards (7 and 8). tasks they ~Ill undertake to improve their courts' programs for screenmg, referral, and monitoring of defendants • Be aware of the results of the five-year ASAP experience, and their through alcohol treatment programs. implications for court treatment of DWI offenders. • Recognize the court system changes that have been introduced as a result of the ASAP community action programs. • Understand the nature and the purpose of the screening task. BACKGROUND ON The National Highway Traffic Safety Administration (NHTSA) was FEDERAL STANDARDS established by the Highway Safety Act of 1970 to carry out a congres­ sional mandate to reduce the mounting number of deaths, injuries, and economic losses resulting from traffic accidents on the nation's highways. Under the NHTSA program,Safety Standards are issued which form the foundation for state and local community safety programs. All states are expected to have federally approved safety programs in operation. An 18-volume Highway Safety Program Manual has been issued by the Department of Transportation to assist state and local agencies in imple­ menting the federal standards.The titles of the 18 volumes are: c:; } 1. Periodic Motor Vehicle Inspection 2. Motor Vehicle Registration 3. Motorcycle Safety 4. Driver Education tJ -, 5. Driver Licensing 6. Codes and Laws Ii 7. Traffic Courts 8. Alcohol in Relation to Highway Safety Ci ) 9. Identification and Surveillance of Accident Locations 10. Traffic Records 11. Emergency Medical Services 12. Highway Design, Construction, and Maintenance 13. Traffic Control Devices 14. Pedestrian Safety 15. Police Traffic Services 16. Debris Hazard Control and Cleanup iv ---~~--- ~~-- [:1 17. Pupil Transportation Safety 18. Accident Investigation and Reporting THE PRESENT SYSTEM HANDLES ALL DRINKING DRIVERS THE NATIONAL National Objectives THE SAME WAY ALCOHOL SAFETY • Demonstrate the feasibility of the systems approach for dealing with ACTION PROGRAl\f the drinking-driving problem and demonstrate that this approach saves lives. • Evaluate the individual project countermeasures within the limits fraLiiliunaJ permitted by the simultaneous application of a number of different S;lI1ctillll\ countermeasures at the same site. • Catalyze each state into action to improve its safety program in the area of alcohol-related highway losses. Project Objectives • Develop the local control system to the point where it was arresting and processing large numbers of drinking drivers at minimal cost and with maximal speed and efficiency. • Develop sanctioning packages, including supplemental alcohol education and treatment programs, which would: (a) be acceptable Gj to the courts, and (b) be appropriate to the drinking-driving offenders. I' • Improve records systems to the point where the control system "; I actions could be measured and drinking drivers accurately tracked ~ > and monitored. J~ <D k ~ " • Measure the effectiveness of a whole group of countermeasures, as ,~ well as each individual countermeasure, at the same time that the experimentation and system development took place. ~k !"o; 35 ALCOHOL SAFETY ACTION PROJECTS ® ~ " . General Popllialion Soul"• "allllil ,.. '" •Urlne'r i~, Ii i­ f 2 Source: United States Deparlment of Transportillion 3 ~r I THE PROPOSED SYSTEM DISTINGUISHES SOME ASAP Public Information and Education (PI&E) • The general public responds to PI&E campaigns by changing knowl­ BETWEEN DIFFERENT ) FINDINGS KINDS OF edge, attitudes, and significant behaviors. DRINKING DRIVERS ,..-" ~-, • PI&E campaigns alone do not change drinking-driving behavior, / \ / --"I "' but a fear-of-arrest campaign can change drinking-driving patterns, { Pre-sentence' Traditional ( \1 ( Treatment \, at least on the short term. Enforccmcnl I In"e.tisatlon I I Rehabilitation r-----, I I ,------, I I 1 • Campaigns with special messages for specific target-groups are more ) 1 effective than general public campaigns alone. 1 Enforcement I • Arrest rates can be increased permanently and economically by use I of specially trained selective enforcement patrols. I 1 ) • Investment in special equipment is necessary for the credibility of I police testimony. I • Investment in special technology can be limited. Purchase of pre­ 1 arrest breath testers, for instance, is much more cost-effective than I purchase of television cameras. I / ) • Training and motivating police management are two economical / methods for improving arrest rates. • Patrol officers will tend to cooperate with any disposition system as long as they do not see it as subverting their activities, especially in individual cases (e.g., informal plea-bargaining). Adjudication • Courts should concentrate more on handling cases that do not reach a full trial than on those which do (less than 10 percent in a typical jurisdiction). • Cooperation between prosecutors and judges produces economical C[, ) and fair adjudication systems. • Plea-bargaining should be formalized, systematic, and purposeful, based on standard criteria and accurate records. THE ASAP CONCEPT OF A • Pre-sentence investigations can be conducted quickly and cheaply. SCREENING, DIAGNOSIS, • Probation serves a
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