The Honorable Kevin G. Sasinoski. Assistant District Attorney: Lawrence Mitchell. Paralegal: Aleta Pfeifer. Public Defender: Richard Romanko

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1 DUI Court is a Problem Solving Court or commonly referred to as a drug court. A "drug court," as defined by the National Association of Drug Court Professionals, is "a special court given the responsibility to handle cases involving drug addicted offenders through an extensive supervision and treatment program." In addition each participant is facing an incarceration period within in the PA State Department of Corrections. Offenders who participate in the program are given a waiver of the mandatory sentencing and placed on Electronic Home Monitoring. DUI court represents a non traditional approach to prosecute offenders who are addicted to drugs and alcohol. Rather than focusing only on the crimes they commit and the punishments they receive, DUI courts attempt to solve some of their underlying problems. 1

2 The Honorable Kevin G. Sasinoski Assistant District Attorney: Lawrence Mitchell Paralegal: Aleta Pfeifer Public Defender: Richard Romanko PROBATION Supervisor: Jackie Piatt JUSTICE RELATED SERVICES (JRS) Supervisor: Shannon DeMino Coordinator: Vacant Probation Officers: Jason Kantz Robert Kraus John Miller Case Specialist: Gina Collins 2

3 The mission of Allegheny County DUI Court is to make the multiple DUI offender often referred to as "hard core drunk driver" accountable for their actions by bringing about a behavioral change that ends DUI recidivism and/or other criminal behavior through the use of long term judicial intervention, intensive probation supervision and drug/alcohol treatment. Protecting public safety is paramount. Sanctions and incentives are used to motivate compliance. To provide the 5th Judicial District of Pennsylvania an appropriate sentencing alternative for DUI offenders fitting the eligibility and criteria of the DUI Court Program To promote offender accountability within the court To provide community safety to all stakeholders To provide a jail alternative that can reduce recidivism and address jail overcrowding issues. To provide the offenders with treatment and guidance so that they may become productive and contributing members of society To monitor the offenders progress throughout all phases of the program. 3

4 Determine if the offender meets the eligibility criteria established for participation in the program. This includes agency criteria as well as statutory regulations relating to ineligible offenders for Intermediate Punishment programming Place offenders under the appropriate level of treatment as well as probation supervision Refer eligible offenders to appropriate treatment programs as dictated by the Pennsylvania Client Placement Criteria (PCPC) Conduct routine compliance checks to ensure the offender is following all rules and regulations concerning the program Evaluate and update policy and procedures as needed Conduct continuous review of effectiveness and communication through quarterly committee meetings 1. Targeting the population 2. Perform a clinical assessment 3. Develop the treatment plan 4. Supervise the offender 5. Forge agency, organization, and community partners 6. Take a judicial leadership role 7. Develop case management strategies 8. Address transportation issues 9. Evaluate the program 10. Create a sustainable program 4

5 Can come from: District Attorney s Office Public Defender s Office Defense Attorneys Probation Office All referrals are reviewed by District Attorney s Office for Sentencing Guideline eligibility and Prohibited Offenses, then sent to Probation for screening. Consideration for DUI Court begins at the District Attorney s office. An individual must be facing a 3 rd tier (BAC.16+, Drugs, Refusal), third offense DUI. An individual s case must be past the Formal Arraignment stage before it can be considered for DUI Court. Individual's must meet criteria for Drug & Alcohol therapy. After a case is determined to be appropriate, it is then screened by Probation and Justice Related Services. 5

6 18 Pa. C.S (relating to Murder) 18 Pa. C.S (relating to Voluntary Manslaughter) 18 Pa. C.S (relating to Aggravated Assault) 18 Pa. C.S (relating to Assault by Prisoner) 18 Pa. C.S (relating to Assault by Life Prisoner) 18 Pa. C.S (relating to Kidnapping) 18 Pa. C.S (relating to Rape) 18 Pa. C.S (relating to Statutory Sexual Assault) 18 Pa. C.S (relating to Involuntary Deviate Sexual Intercourse) 18 Pa. C.S (relating to Sexual Assault) 18 Pa. C.S (relating to Aggravated Indecent Assault) 18 Pa. C.S (relating to Indecent Assault) 18 Pa. C.S. 3301(relating to Arson and related offenses) 18 Pa. C.S (relating to Burglary of the First Degree) 18 Pa. C.S (relating to Robbery) 18 Pa. C.S (relating to Theft by Extortion) 18 Pa. C.S (relating to Incest) 18 Pa. C.S (relating to Escape) 6

7 Probation screens candidates for the following: Criminal History History of Supervision (potential Probation violations) Warrants Once an offender is determined to be appropriate by Probation, they are then assessed by Justice Related Services to determine an appropriate level of care. JRS assessment Designed to capture information needed for the dimensions of the PCPC (Pennsylvania Client Placement Criteria) 1. Acute Intoxication or Withdrawal 2. Biomedical Conditions and Complications 3. Emotional/Behavioral Conditions and Complications 4. Treatment Acceptance/Resistance 5. Relapse Potential 6. Recovery Environment 7

8 Once an offender meets all screening requirements and a level of care is established, the offender is able to voluntarily plea into the program. If an offender chooses not to plea into DUI Court, the charges proceed in the originally assigned court room as scheduled. Standard DUI Court sentences include months Intermediate Punishment with Electronic Monitoring utilizing devices as needed, including but not limited to Radio Frequency (RF), Transdermal Alcohol Detection (TAD), Soberlink (SL2) 42 months consecutive Probation Incentives exist to reduce the period of supervision. 8

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10 Drug and Alcohol evaluation Comply with all treatment recommendations Random urine screens Complete Criminality Group Monthly Reviews Monthly review hearings before Judge Sasinoski Reporting Minimum weekly contact with Probation Urine testing at each contact Community Contact Every individual will maintain contact with the DUI Court Team while in the community 10

11 Radio Frequency Electronic Monitoring (RF EM) Transdermal Alcohol Detection (TAD) 11

12 Soberlink 2 (SL2) Housing Services Coordination Contingency Funds: Clothing, Food, State ID, Vital Records Transportation assistance Linking to Benefits: Medical assistance/social Security/VA 12

13 Positive drug test Window violations Treatment non compliance Behavioral non compliance New arrest Restriction Team Intervention Swift Intervention Re evaluation Formal violation hearing (Gagnon I and II) Revocation 13

14 Increased window time. (EM authorized leave) Curfew Permitted vacations Bus Pass Acknowledgement at review hearing Employment reference letter Early termination Complete a minimum of twelve months Intermediate punishment with Electronic Monitoring. Maintain at least one year sobriety after stepping to the period of Probation following the IP sentence Complete all treatment requirements Obtain a High School Diploma or equivalent Maintain independent housing Sustain employment Complete 40 hours of Community Service Attend a Victim Impact Panel 14

15 90% retention rate Approximately 7% technical violation rate. Under 3% in program recidivism rate. Participants in DUI Court are nineteen times less likely (65% less likely) to reoffend than those sentenced outside of the program. Participants have a 15% post program recidivism rate no matter what the outcome was (graduation, revocation), versus a 35% recidivism rate for individuals sentenced outside of the program. 15

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