Intensive Probation Supervision Options for the DWI/DUI Offender: DWI Courts & Police / Probation Partnerships

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1 Intensive Probation Supervision Options for the DWI/DUI Offender: DWI Courts & Police / Probation Partnerships Paul Hofmann NHTSA Probation Fellow C/O American Probation and Parole Association Les P. Schultz Probation Director Brown County Minnesota

2 Agenda Introductions NHTSA / APPA Partnership DWI Courts Intensive Supervision Programs Project Night Hawk Ignition Interlocks 2

3 Training Objectives Explain Probation Fellow Project Describe Elements of DWI Courts Discuss Examples of Law Enforcement & Probation Partnerships 3

4 National Highway Traffic Safety Administration Mission Save lives, prevent injuries and reduce economic costs due to road traffic crashes, through education, research, safety standards and enforcement activity 4

5 NHTSA Reducing Impaired Driving Fatalities Through High Visibility Law Enforcement Media Campaigns Enhanced Prosecution & Adjudication Screening and Intervention 5

6 Motor Vehicle Fatalities: Lowest Rate in Recorded History Rate Sources: 2006 NCSA, FARS, FHWA 6

7 NHTSA Partnerships Law Enforcement Liaisons (State Level) Traffic Safety Resource Prosecutor (State Level) 7 Judicial Outreach Liaisons 2 Judicial Fellows Since 2009 NHTSA has Partnered with APPA for a Probation Fellow 7

8 Probation Fellow Position NHTSA and APPA Joint Project NHTSA APPA Promote DWI Courts Ignition Interlocks Community Supervision Reducing Recidivism Promote Evidence Based Practices Targeting High Risk Offenders Screening and Assessment Reducing Recidivism 8

9 NIC (2004 Bogue) 9

10 DWI Courts Learning Objectives Elements and Effectiveness of DWI Courts 10

11 Problem Solving Courts o ADULT DRUG COURT o MENTAL HEALTH COURT o JUVENILE DRUG COURT o DWI COURTS o RE-ENTRY COURTS o TRIBAL WELLNESS COURTS o FAMILY/D&N COURT o TRUANCY COURTS o DOMESTIC VIOLENCE o COMMERCIAL/BUSINESS o CHILD SUPPORT COURT o GAMBLING COURT o VETERAN COURT 11

12 Problem Solving Courts Problem Solving Courts- focus on closer collaboration with the service communities in their jurisdictions and stress a collaborative multidisciplinary, problem-solving approach to address the underlying issues of individuals appearing in court (National Institute of Corrections) 12

13 A Coordinated Team Effort Researcher Judicial Officer Treatment Provider Court Coordinator Defense Counsel Offender Advocates Prosecutor Law Enforcement Mental Health Probation 13

14 Drug Court 10 Key Components Integrate treatment in justice processing. Non-adversarial approach. Identify clients early. Continuum of services. Frequent testing to ensure sobriety. Coordinated strategy of responses to client behaviors. Judicial interaction. Program evaluation. Continuing education. Partnerships and collaboration. 14

15 Do Adult Drug Courts Work? There have been no less than five meta-analyses of the research on drug courts, involving at least 5 experimental studies and dozens of quasi-experimental studies. Drug Courts produce a national average of $2.21 benefit for every $1.00 invested ($624 million total) Well-functioning drug courts were found to reduce crime rates by 35% and the effects have been shown to last at least 3 years. In one study in Oregon, effects on crime were shown to have lasted an astounding 14 years. (Douglas B. Marlowe The Verdict Is In ) 15

16 Findings Completing Drug Court reduces recidivism Longer time in TX lowers Recidivism Coerced patients stay in TX longer 16

17 DWI Courts Based on the Tested and Proven DRUG COURT Model 17

18 Guiding Principles of DWI Courts #1: Determine the Population 18

19 Target Population Be Specific -- some examples are 2 nd DWI lifetime or 1 st with BAC >.15 BAC of.20 or higher with prior DWI/DUI 3 rd DWI lifetime 2 nd or 3 rd DWI with one prior within last 5 years. 2 nd time offender with probation violation 19

20 Guiding Principles of DWI Courts #1: Determine the Population #2: Perform a Clinical Assessment #3: Develop the Treatment Plan #4: Supervise the Offender 20

21 Guiding Principles of DUI 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 21

22 Guiding Principles of DUI Courts (cont) #6: Take a Judicial Leadership Role #7: Develop Case Management Strategies #8: Address Transportation Issues #9: Evaluate the Program #10: Ensure a Sustainable Program (NCDC, 22

23 Studies Michigan Study Fewer re-arrests & cost savings Wisconsin Study Lower Recidivism for any new arrest Georgia Study Lower recidivism rates 23

24 Keys To Sustainability Community Support and Coordinated Strategy Written Policy and Procedure Ongoing Interdisciplinary Training Program Evaluation and Modification Funding 24

25 DWI Courts -- December Stand Alone DWI Courts 395 Hybrid DWI Courts 25

26 Approved MADD Resolution MADD supports the use of post-adjudication DUI/DWI courts that employ the strategies of close supervision, frequent alcohol and other drug testing, and ongoing judicial interaction to integrate alcohol and other drug treatment services with the justice system. MADD recommends that DUI/DWI courts should not be used to avoid a record of conviction and/or license sanctions. MADD National Board of Directors 26

27 Approved GHSA Resolution GHSA supports DWI courts and urges states to work with their state criminal justice agency counterparts to implement them where appropriate. GHSA also recommends that NHTSA evaluate DWI courts to determine their effectiveness 27

28 Resources

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