DWI COURTS
Impaired Driving Case Essentials
Honorable Michael Barrasse Honorable Peggy Fulton Hora
Rhinestone Cowboy at .20 “Down and Out in Beverly Hills” “Rock Bottom” at .17 Brave(?) Mouth at .12 with prior “Baby Love” at .20 Objectives Overview of NCDC/DWI Drug Court Model Federally funded DWI Courts Discuss Unique Attributes of DWI cases Discuss “Ideal Participants” for DWI Courts Consider DWI Court workings Don’t drink and make signs Problem Solving Courts
Problem Solving Courts a.k.a Collaborative Justice, Solution-Focused Courts Problem Solving Focus Team Approach to Decision Making Integration of ancillary services Judicial Supervision of Treatment Process and Proactive Role of Judge In and Out of Court Direct Interaction between Participants and Judge Community Outreach
~2,500 Drug Tx Courts in U.S.
Adult Federal Juvenile District
Drug Tx Campus Family Courts
Tribal DWI Reentry 500 1,157 Problem-Solving Courts
Re- entry Gambling Gun
Child Community Supp
Mental Truancy P-S Health Courts
Integrated DV Tx
Veteran Prosti- tution Home Parole less Vio. International Perspective on Problem-Solving Courts
Australia Bermuda England Jamaica Canada Mauritius Scotland Wales Ireland Northern Ireland New Zealand Guam Cayman Islands N. Marianas Belgium Guam Netherlands Mexico Georgia Surinam Macedonia Israel Brazil Norway
Problem Solving Considerations
Changing Traditional Attitudes of Judges and other team members Changing Role Orientations of Judges and other team members Resource Constraints Time Constraints Judicial Leadership is a MUST!
Judicial Problem Solving Mindset
Do you have it?
Have more questions (in individual cases)?
Care to seek more information?
Willing to explore broader solution range?
Wish for a positive experience? Direct Interaction with Participants
Prerequisite for Behavior Modification Motivates Participants for Success Finds Crucial Needs of Participants Lays backbone for Positive Solutions Ongoing Judicial Supervision
Participants reports back (usually weekly, bi-weekly or monthly) Minimum is every 2 weeks for best results Team members update Court regularly Sentence adapted as participant progresses or regresses
Barriers to Problem Solving Courts Time Resources Judicial Role Personality Education Training
Show Me the Money
• Dept. of Transportation (National Highway Traffic Safety Administration) • 23 CFR Part 1313 (implements 23 U.S.C. 410) effective 6/20/06 • States receive Incentive Grants (called Section 410 Grants) • Alcohol-impaired driving prevention programs DWI Court Grant Qualification
Must abide by Ten Guiding Principles
Established by NCDC (National Center for DWI Courts)
State must have one court initially
Increases one court each year of compliance (four year grants)
States with four or more DWI Courts compliant
Hybrid Drug Courts (include DWI) compliant DWI Facts A “first time” DUI defendant has driven 400 times under the influence before being caught. Average BAC .15 Who’s Drinking Alcohol?
36% don’t drink 2006 = 74% had drink last week; 1996 = 54% 8% drink 2/3 sold 5% consume 50% 1.5 million DWI arrests/year
500,000
"First" Prior
1,000,000
Repeat offenders
There are >2 million drivers with three or more DWI convictions 400,000 with five or more ½ fatal alcohol related crashes were .15 or > OR a repeat offender with a drunk driving arrest or conviction in the last ten years Why Should You Care? Many traditional responses are not effective Reduces recidivism Combines punishment with treatment AND supervision Oversight by Court Dramatic Cost Savings to Jurisdiction and State $20,000 to incarcerate one year $2500 to $3500 per year for drug court
Reduced recidivism
DWI re-arrest rates
Bernalillo 15.5% 28.5% after 2 years
13% 33% after 5 years DWI Court Lansing MI BAU
4% 25% after 2 years Kootenai ID
0% 20% 40% 60% 80% 100% Michigan DWI/Drug Court Outcome Evaluation 2007
A L L 25
20 D W 15.2% 24.2% I 15 DWI Ct.
10
BAU
13.6% 5 4.3% 7.7%
BAU 0 .07% Year 1 DWI Ct. Year 2 Year 3 Georgia DUI Court Study 2011
Three site study in GA over 4 years Re-arrest rate 9% for graduates vs. 26% for non-participants after 4 years DUI Courts prevented 47-112 repeat arrests over 4 years
Fell, et al., “An Evauation of the Three Georgia DUI Courts,” NHTSA (March 2011) Efficacy
DWI Courts reduce re-arrest 19x’s greater than business as usual 10 Guiding Principles
• 1. Determining the • 6. Take a Judicial Population Leadership Role • 2. Performing a Clinical • 7. Develop Case Assessment Management Strategies • 3. Develop the • 8. Address Treatment Plan Transportation Issues • 4. Supervise the • 9. Evaluate the Program Offender • 10. Ensure a • 5. Forge Agency, Sustainable Program Organization and Community Partnerships Guiding Principle #1 Determining the Population
Targeting-process of identifying subset of DWI offender population for inclusion Accept only one type of offender Person who drives while impaired by alcohol or other drugs Determining Target Population
Collaborate with Community Law enforcement, Prosecutors, Victims groups (e.g., MADD), civic clubs, defense counsel, treatment community, faith-based Sufficient size for community impact Modest enough to provide quality services Consider First Time Offenders Focus on Repeat Offenders Unique Target Population for your community Guiding Principle #2 Perform a Clinical Assessment
Clinically competent, objective assessment Alcohol Use Severity (ASI) Drug Involvement Level of Needed Care Medical and Mental Health Status Social Support Systems Individual Motivation to Change Other Clinical Considerations
Psychiatric Status Employment and Financial Status Alcohol Triggers and Cognitions Family and Social Status Level of Care Placement Guiding Principle #3 Develop the Treatment Plan
Must address multiple problem areas
Drug Dependency
Mental Health Issues
Individually treatment services
Prescribed
Most likely to bring about change
Guiding Principle #4 Supervise the Offender
Community Supervision Drug Court Coordinator and Case Specialist Constant Monitoring, Testing and Supervision Compliance with Court Orders Recommendations to the Judge
Guiding Principle #5 Forge Agency, Organization & Community Partnerships
Essential to Success of Program Enhance Credibility Bolster Support Broaden Available Resources Teamwork essential in and out of Court
Partnerships in Your Jurisdiction
What are some of the partnerships that you would consider essential to have a successful DWI Court in your community? Guiding Principle #6 Take a Judicial Leadership Role • Judge is vital to success • Must possess leadership skills • Must motivate team members and participants • Must sell the program to the community • Judge is backbone of Drug Court Team
Considerations for Judge
Level of need within community Sufficiency of Resources Team member level of interest Cohesiveness of team members Administer DWI Court within statutory mandates Develop Appropriate Sanctions and Incentives Deal with Positive and Negative
Guiding Principle #7 Develop Case Management Strategies
1. Assessment 2. Planning 3. Linking 4. Monitoring 5. Advocacy Guiding Principle #8 Address Transportation Issues
Participant needs a ride! Participant must attend counselling, court, drug testing, Adult Education, maintain employment . . State suspend driving privilege for DWI Conviction? Transportation likely your largest obstacle Hardship Licenses might be crucial
Guiding Principle #9 Evaluate the Program
Evaluation maps programs success or failure
Determines which clients have best outcome
Which interventions produce improved outcomes
Which clients have better outcomes when exposed to specific interventions
Evaluations usually done by Agency (e.g. State University) Guiding Principle #10 Ensure a Sustainable Program
State and/or Federal Funding Medicaid and Managed Care Counties and Municipalities Client Fees Affiliations with Non-Profit Organizations Foundations, Service Organizations and Private Business
Other Sustainability Considerations
Law Enforcement and Probation Treatment Partners Media Partners Community Organizations Funding
Useful Methods for Handling DWI Cases
Consider resources, both presently available and unavailable, to your court Consider resources within the constraints of your statutes and regulations Consider how these resources can be applied in both DWI Court and non-DWI Court setting
“If drinking is interfering with your work, you’re probably a heavy drinker. If work is interfering with your drinking, you’re probably an alcoholic.”
Anonymous
September 7, 2007 47 Sentencing Options DWI Offenders Ignition Interlock Device (IID)
Home Electronic Alcohol Monitoring (HEMI)
Frequent Alcohol/Drug Testing (breath, blood, saliva ,hair, liver panels)
Staggered Sentencing/Imprisonment
Home Confinement/Curfews
Home checks
Operation of DWI Court
Discussion of Court Sessions Forms Utilized by DWI Court Unique Elements of DWI Cases What makes a DWI case unique from any other case? Getting Our Community Involved
• Form Steering Committee • Form Team for Training • Include Prosecutors, Law Enforcement, Defense Counsel (probably Public Defender), Treatment Community, Judges, Community Supervisor (if possible) • Attend free NCDC Trainings Who is our Target Population?
Convicted DWI-multiple offenders Exceptions for 1st time offenders Alcohol and/or Drug Use Identified Community resident Ability to Complete Program Successfully Participants congruent with resources
Prognostic Risks
Current age <25 Delinquent onset <16 Substance abuse onset <14 Prior rehabilitation failures History of violence ASPD (20-25% of those in tx) Psychopathy (3-5% of those in tx) Familial hx of crime/addiction Criminal/substance abuse associates High risk does not equal violence or dangerousness
High risk requires greater services and supervision or will recidivate Criminogenic Needs
Substance Dependence or Addiction 1. Binge pattern 2. Cravings or compulsions 3. Withdrawal symptoms Alcoholic = Abstinence is a distal goal Substance abuse = abstinence is a proximal goal Collateral needs
Co-occurring disorders Chronic medical conditions Homelessness, chronic un- or underemployment
Regimen compliance is proximal
TARGET: High risk, high needs
Frequent status hearings Tx and habilitation Compliance/attendance is proximal Restrictive consequences Positive reinforcement Medically assisted tx Pueraria lobata (Kudzu)
“Heavy” drinkers (>26 drinks/week) Kudzu extract for 7 days Significant reduction in number of beers consumed
Lukas, SE, et al., “An extract of the Chinese herbal root kudzu reduces alcohol drinking by heavy drinkers in a naturalistic setting,” Alcoholism: Clinical & Experimental Research 29:756-762, 2005 Medically Assisted Treatment
Disulfiram (Antabuse®) [new promise for cocaine addiction when combined with buprenorphine] Naltrexone Hydrochloride (ReVia®) or Nalmefene (Revex®) [antagonists that reduce craving and blunt the high if alcohol taken; efficacy may have genetic component] Vivitrol® long-acting Naltrexone once-a- month injection Acamprosate Calcium (Campral®) [better for liver disease patients] “Strengthens the will to say no” Fluoxetine (Prozac®) [among the 50 new trials on alcoholism] http://clinicaltrials.gov
Seeking Clients
• Judge, Prosecutor, Defense Counsel seek participants within Target Population • Family, friends and community members helpful • Defendant must agree to participate • Screening, Criminal Background, ASI completed by Coordinator and Treatment Provider • Individualized Program Plan completed for participant • Defendant formally admitted to Program
Could you complete program?
• Three intensive phases to graduate • Phase I-Most Intensive Phase lasts 3 to 6 months • Phase II-Educational Period lasts 6 to 9 months • Phase III-Self-Motivational Phase-3 to 6 months • Successful participant requires 12 to 18 months • Graduation then six months Aftercare component • Up to 2 years for completion!
Other Program Requirements
Drug Court Staff Supervision Frequent Drug Testing Counseling Sessions (Treatment) AA/NA meetings Employment, Education or Community Service Adult Education/Family Learning Scheduled Court Sessions
Court Sessions
Staff Team Meetings Discuss Individual Cases Input from team members Consensus on Individual case plan Judge carries out decision in courtroom
Personal Satisfaction
Judge witnesses positive change Participants change physically before your eyes Families, friends and community are impacted “You have changed my life” “If you do nothing else in your life, you’ve changed our community” Some Useful Resources
• HARDCORE DRUNK DRIVING JUDICIAL GUIDE, National Association of State Judicial Educators, www.nasje.org • National Center for DWI Courts, www.allrise.org (various publications)
• National Highway Traffic Safety Administration, www.nhtsa.dot.gov • National Judicial College, www.judges.org
CONCLUSION
DWI Court is Problem Solving Court Incorporates Punishment, Treatment & Oversight DWI Courts save money, reduce recidivism, increase public safety Drug Court will change many lives Especially the Judge’s!