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DWI COURTS Judge John “Kevin” Holbrook

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DWI COURTS Judge John “Kevin” Holbrook 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 Alcoholism 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
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