Washington State Tribal Transportation Safety Demonstration Project

Transcription

1 Washington State Tribal Transportation Safety Demonstration Project Target Zero Priorities and Impaired Driving Addressing Drug Abuse & Prevention by Developing Data-Driven Traffic Safety Measures ATNI Drug Abuse and Prevention Summit July 28th, 2015 Margo Hill, JD, MURP Assistant Professor of Urban & Regional Planning 668 Riverpoint Blvd, Rm 380, Spokane, WA (509)

2 2 Prevention at the Intersection of Drug Abuse & Traffic Safety Unintentional injuries (Accidents) are the fourth leading cause of death in the US. (CDC, 2011) 1. Unintentional Poisoning (mostly drugs, prescription and illegal) = 12.3 deaths per 100,000 population 2. Unintentional Motor Vehicle Traffic = 10.7 deaths per 100,000 population 3. Unintentional Falls = 9.6 deaths per 100,000 population

3 Data Collection 3 Collecting WA crash data from WSDOT, nearly half a million valid data points. Tribal students entering this data into an ESRI Geodatabase and creating maps for tribes

4 Target Zero Priorities 4 Priority Level One 1. Impaired Driver involved 2. Run-off-the Road 3. Speeding involved 4. Young Driver involved 5. Distracted Driver Involved 6. Intersection Related 7. Traffic Data Systems Priority Level Two 1. Unrestrained Vehicle Occupant 2. Unlicensed Driver Involved 3. Opposite Direction 4. Motorcyclists 5. Pedestrians 6. EMS & Trauma Care Systems Priority Level Three 1. Older Driver Heavy Truck Involved 3. Drowsy Driver Involved 4. Bicyclists 5. Work Zone 6. Wildlife 7. School Bus Involved 8. Vehicle-Train Source: Target Zero - Washington State Strategic Highway Safety Plan (2013): Zero Deaths & Zero Serious Injuries by 2030.

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6 Leadership + the Four Es in Indian Country 6 q Leadership/Policy Work with Tribal Councils to examine tribal law and order codes in order to promote best practices that can be developed to reduce crashes and improve safety such as impaired driving and safety belt use laws. Develop and promote model codes. q Education Give tribal community the information to make good choices, like not driving while impaired our people getting killed q Enforcement Use data driven analysis to help law enforcement officers pinpoint locations with high number of injury collisions related to driver behaviors q Emergency Medical Services (EMS) provide high quality and rapid medical and emergency response to injury collisions. q Engineering Design roads and roadsides using practical solutions to reduce collisions

7 7 WA Traffic Fatalities by Race, Table 1. Comparison of traffic fatality rates among races representing population per 100,000. Source: Fatality Analysis Reporting System, WTSC Research and Data Division Office of Financial Management, Population Unit (prepared Feb. 7, 2014).

8 8 Approaching Impairment with Leadership/Policy, Education & Enforcement Tribal Member Behavior Choices Tribal Government Law Enforcement Tribal Courts Drug & Alcohol Treatment Health & Human Services

9 Tribal Member Behavior Choices 9 Impaired Driving Enforcement Testing n How do tribes field test for Alcohol impairment? n Does the tribe test for drugs even if the BAC is 0.8? n Drug Recognition Expert (DRE) Training n How do tribes field test for drug impairment? n Type of testing Blood Breath Urinalysis Saliva n Test for what? Marijuana, Meth, Pills, Cocaine, Synthetics, etc. n Drug Testing Facilities (Spokane Tribe has their own lab) n Drug Impairment Standards? n Capabilities n Location

10 Tribal Government 10 Tribal Council (Administrative Function) Employee- Executive Director or General Manager n Department Heads Funding and Budgeting of Programs (Police, Courts, HHS) n BIA vs. Tribal 638 Contracting Tribal Council (Legislative Function) Pass Law & Order Codes (and Amendments) n Pass resolutions n Tribal Attorney s Office, Code Revisers n Issue policy whether or not to report DUIs to Washington Department of Licensing (DOL) n Sovereignty consideration n No License is a major barrier to employment n Possible Alternatives Report to DOL after three DUIs Return to village model to reduce the need for cars, transit (multi-modal)

11 11 Tribal Law & Order Codes

12 National DUID Codes 12 NAMSDL, Standards for Drugged Driving Current State Statutes and Recently Proposed Legislation was published Sept, Tables of state-by-state data, drugged-driving statutes n Per se Provisions n Standards for under the influence n Which substances? n Affirmative Defenses?

13 Drug-Impaired Driving Research National Roadside Survey of Alcohol and Drug Use by Drivers (NRS) About 20 percent of night-time weekend drivers estimated to be drug impaired GAO Report to Congress Drug Impaired Driving: Additional Support Needed for Public Awareness Initiatives No national source of data on the extent of drugimpaired driving exists Drug-impaired driving is under-reported, not centralized for analysis, and lacks standards for drug testing and reporting protocols.

14 Law Enforcement 14 Chief of Police BIA or Tribal 638 contracted Enforcement Cross-Deputization Agreements Are DUIs and impaired drivers arrested Call for ride How are they working? Who takes the lead on fatality investigations? n Park the vehicle Driver Impairment n Impound How does the Judge enforce the law? Breathalyzer? Field testing? n Sentencing Orders (3 months to 1 year) Does tribe send offenders to treatment? n Is treatment effective? Does tribe have a drug or wellness court? Does tribe have any traditional penalties? Are there probation officers? Are violations reported to WA State? n DOL license suspensions? Blood testing, access to labs? UAs (Probation) Jail Facilities Booking Tribal jail or county jail? (MOU/MOAs) Budgeting Issues Mental Health (Jail) Risk of harm to self? Healthcare needs hospital

15 Tribal Courts 15 Tribal Courts n Are there alternative courts? n Wellness or drug courts? What are the sentencing guidelines? n DUIs, Penalties? n Are there lesser included offenses? n What are the fines or amounts? Do you use deferred prosecution? (1year) Compliance n Treatment plan n Drop charges n Probation and fine Public Defender Does the tribe have a public defender? n If so, are they a licensed attorney? Prosecutor What are the standard penalties? n How much jail time? n How much in fines? n Other requirements? n Drug and alcohol assessment? If the tribe uses deferred sentencing, what are the standard parameters? Probation Office How are offenders tracked? What is the typical caseload? How frequently do people violate their probation? How are violations reported back to court, if they are? Does the court typically issue warrants? Or other responses?

16 Drug & Alcohol Treatment 16 ï $$$ Most tribal members are low income, cannot pay for treatment ï Application process involves applying for public assistance ï Bureaucratic Barriers Extensive paperwork to qualify for Washington s Alcoholism and Drug Addiction Treatment and Support Act (ADATSA) which provides funding for in-patient treatment ï Chemical Dependency Counselors (certified CDCII) Shortage of CDCII certified counselors, tribes having trouble getting certified counselors ï ADATSA funding - requirement for assessments done by certified CDCII counselors Photo source: retrieved 3/26/2015.

17 Health & Human Services 17 Does the tribe have a drug and alcohol counselor? Are they certified? Is assessment available? How is payment made for services? (State? ADATSA?) Drug and Alcohol Treatment Seven Types: Health services, Jail-based, Crisis-centered, Mental health related, Juvenile, Senior, Women and Children) n Long-term (6 months +) n Wyoming? n Is it treatment facility or a jail? n Inpatient n Beds? Dates available? Location? n Intensive outpatient services available? n Location? Transportation? n Outpatient Meet once a week with counselor? n Location? n Transportation Issues? n Are there community driven recovery addiction support groups? (like AA, NA, etc.) n Youth or minor programs? n In or outpatient? n Location? n Boot camps? n Jail? (Martin Hall) n Is there aftercare available? n Follow up treatment? n Support groups? n Transitional housing?

18 Health & Human Services 18 HHS operates programs that support tribal justice systems and actors in those agencies include: ï Caseworkers (Department of Children & Family Services/Elder Services) Provide outreach and support services to tribal members ï Services include counseling, transportation, financial assistance, etc. ï Counselors Provide mental health services. Difficult protocol issues with County and State on how to deal w/mental illnesses ï Tribe will often lack psychiatry staff to deal with commitment issues, end up relying on county services ï Drug and Alcohol Treatment Quality drug and alcohol programs are necessary for tribal social service programs

19 Health & Human Services 19 Insurance billing Facilities Staffing Counselors, Co-occurring, Probation officers Education Chemical Dependency Counselor Professional: two years of classes, internship hours, pass a test Suicide Assessment, Treatment and Management Certificate

20 Leadership/Policy 20 Tribal Communities & Impaired Driving Problem Identification 1. Leadership - Need clear direction from tribal leadership to crack down on DUIs and drugs on the reservation and send this message to tribal police and tribal courts. 2. Leadership - In their legislative capacity Tribal Councils have the power to pass law and order codes, ordinances, and resolutions. If a code is not clear that seatbelts are a primary or secondary offense, then tribal police are not likely to issue tickets. 3. Leadership Some tribes pay a million dollars a year tor more o send their tribal members to country club treatment facilities. Best Practices 1. Policy - Lummi Business Council communicated to the tribal police and court that they do not want drugs on their reservation. Do what it takes to get drugs off the reservation. Squaxin Island passed legislation to create checkpoints for illegal drugs or harmful substances coming onto the reservation. 2. Policy - Lummi Business Council amended the law and order code that now mandates seatbelt use. Tribal law enforcement now pull over and ticket community members not wearing seatbelts. 3. Policy Tulalip bought their own ranch property and transformed that into a treatment facility. Now they send tribal members to open beds.

21 Leadership & Education 21 Tribal Communities & Impaired Driving Problem Identification 4. Leadership Youth are getting into drugs and alcohol at very young ages, some as young as years old. 5. Education - Young adults lack access to driver s education classes on the reservation and are not getting driver s licenses. Financial barriers exist that keep youth from learning the rules of the road. 6. Education - There are significant numbers of tribal members who are still making the decision to drive impaired. Best Practices 4. Program Spokane Tribe designed a Youth Employment Program where 250 youth of all tribes are hired after passing a preemployment drug/alcohol screening. Approximately 10 percent of those tested FAIL. Those failing the tests are then given treatment and counseling. 5. Program Nooksack Tribe training their own driver s education instructors, looking to making the program mobile in the future. The Lummi Tribe is working with the Johnson O Malley (JOM) Program in order to financially assist eligible tribal youth so that they can access driver s education programs. 6. Program -The Lummi Tribal Police received a grant to do DUI education for high school students who participate in a golf-cart obstacle course with impairment goggles in order to simulate impaired driving.

22 Enforcement 22 Tribal Communities & Impaired Driving Problem Identification 7. Enforcement - Tribes have struggled to retain an adequate number of law enforcement personnel, making significant investments in training only to have other jurisdictions offer higher wages and benefit packages. 8. Enforcement - The number of Impaired Driving offenses on reservation roads continues to be excessively high. This is complicated by inconsistent application of laws or ineffective consequences. 9. Enforcement - Tribal jail facilities are inadequate and they must often enter into very expensive contracts with neighboring counties Best Practices 7. Leadership/Policy - In response, Lummi Business Council increased the salary of police officers. Also they are in the process of developing a pre-employment contract which would require a three-year commitment in exchange for paid training. 8. Policy - Lummi Tribal Police arrest people driving under the influence of alcohol and drugs. After three DUIs, violators are reported to the Washington State Department of Licensing. 9. Program At the Colville Confederated Tribe s jail facilities utilize cultural aspects of healing addiction like using traditional sweat lodge. Prisoners are treated with respect, given access to counselors in order to help them clear their heads.

23 23 CCT - Peacemakers Court

24 Recovery Warriors 24