Substance Abuse and Crime



Similar documents
PENALTIES AND FINES FOR ALCOHOL AND DRUG RELATED DRIVING OFFENSES IN NEW YORK STATE

The South Dakota 24/7 Sobriety Project: A Summary Report 1

Continuous Alcohol Monitoring: Frequently Asked Questions

The High Cost of DWI. Ignition interlock license available

FELONY ALCOHOL INTERVENTION PROGRAM FAIP

THE SOUTH DAKOTA 24/7 SOBRIETY PROJECT AN OVERVIEW NEW MEXICO PRESENTATION

It s a Privilege to Drive: Snapshot of Impaired Driving in Montana

Review of Applicability of Transdermal Continuous Alcohol Monitoring Devices for First-Time DUI Convictions

OWI SENTENCING GUIDELINES

ILLINOIS STATE PROFILE

Vermont Legislative Council

I. FIRST DUI OFFENSE VEHICLE CODE 23152

North Dakota Attorney General 24/7 Sobriety Program

DWI Conviction Penalties. Penalty Overview

LEGAL INFORMATION ON PUNISHMENTS, FINES, FEES, ETC., FOR ALL DUI AND AGG. DUI CONVICTIONS

About D.U.I. (Driving Under the Influence) Published by The Alaska Court System PUB-11 (6/13)(green)

First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED HOUSE SPONSORSHIP SENATE SPONSORSHIP

DRIVING UNDER THE INFLUENCE PENALTIES AND PROCESS INFORMATION

ALABAMA s FELONY DUI STATUTE- A HISTORY. [This document was originally prepared by AOC and was later revised and updated by Patrick Mahaney.

NEBRASKA DRIVING UNDER THE INFLUENCE (DUI) LAW

DUI ORDERS. There are five (5) DUI Conviction Orders in addition to a DUI Nonadjudication Order. 1. DUI 1st - NOT Zero Tolerance

SOBRIETY PROGRAM GUIDELINES Office of Attorney General

N.J.S.A. 39:4-50 and 39:4-50.4a August 9, 2004

You And The Drinking Driving Laws

College Policy on Drugs & Alcohol

Virginia DUI/DWI Frequently Asked Questions

First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED SENATE SPONSORSHIP

An Analysis of Idaho s Kootenai County DUI Court

SECOND CONFERENCE COMMITTEE REPORT BRIEF HOUSE SUBSTITUTE FOR SENATE BILL NO. 35

DCJS Office of Probation and Correctional Alternatives

NEW JERSEY STATE PROFILE

MONROE COUNTY PUBLIC DEFENDER MONROE COUNTY COURTHOUSE 610 MONROE STREET, SUITE 21 STROUDSBURG, PENNSYLVANIA 18360

Fines and Penalties of Driving While Intoxicated ( DWI ), Permitting DWI, DWI in a School Zone and Refusal Offenses

DWI Penalties 1st Offense 2nd Offense 3rd Offense

You and the Drinking Driving Laws

The Basics of Missouri DWI Law. DWI Criminal Statute. Prior Offenses & Penalties 10/22/2015. Presenter: Jason Korner Misdemeanor DWI Offenses

DUI HANDBOOK. Driving Under the Influence in Pennsylvania. The Martin Law Firm, P.C.

ACCELERATED REHABILITATIVE DISPOSITION APPLICATION

90 day license suspension. 5 year license suspension

Alabama s Revised DUI Law Effective July 1, Patrick Mahaney Montgomery, Alabama

PUBLIC DRUNKENNESS Section 5505 of the Pennsylvania Crimes Code (Title 18)

Significant Laws in Oregon Traffic Safety

STATE OF OKLAHOMA. 1st Session of the 49th Legislature (2003) COMMITTEE SUBSTITUTE

Alcohol Monitoring Technologies. Presented by Debra Coffey

Who Should Read This? Your Driving Record. The cost of DUI. Bottom line: It s not worth the risk.

Driving under the influence driving while impaired driving with excessive alcoholic content definitions penalties.

Wisconsin Community Services, Inc.

I just got arrested for a State of South Carolina DUI charge. What happens now?

Alcohol. Policies. on campus and in the workplace

DELAWARE S DUI - IID PROGRAM STRENGTHS AND CHALLENGES

To: Commission From: Christopher Cavaiola and Laura C. Tharney Re: Title 39 Driving while intoxicated Date: July 11, 2011 M E M O R A N D U M

CASS COUNTY DWI COURT. Participant Manual

LANCASTER COUNTY ADULT DRUG COURT

Chatham County DUI Court Report

Issue Brief. Arizona State Senate. ARIZONA DRIVING UNDER THE INFLUENCE (DUI): DUI Laws and DUI Courts INTRODUCTION DUI, EXTREME DUI AND AGGRAVATED DUI

Chapter 813. Driving Under the Influence of Intoxicants 2013 EDITION. Title 59 Page 307 (2013 Edition)

Pennsylvania DUI Handbook

DUI (Driving Under the Influence)

VIRGINIA DUI FACTSHEET

November 10, Dear Law Student:

The 5 Obstacles to Alcohol Monitoring:

The Commission on Virginia Alcohol Safety Action Program 701 E. Franklin St. Suite 1110 Richmond, VA (804)

ARTICLE 1.1. GENERAL PROVISIONS

LEGISLATURE OF THE STATE OF IDAHO Sixty-third Legislature First Regular Session IN THE SENATE SENATE BILL NO. 1026

ACT 24 OF 2003: DRIVING AFTER IMBIBING ALCOHOL OR USING DRUGS

The A-B-C s (without singing) of DUI offenses

2014 Changes in DUI Law

2015 LEGISLATIVE UPDATE. Utah Sentencing Commission Jennifer Valencia, Director Office (801) Cell (801)

PROBATION LENGTH AND CONDITIONS IN KANSAS

Adult Probation: Terms, Conditions and Revocation

Orange County, Texas Adult Criminal Justice Data Sheet

What Parents Should Know: Common Criminal Charges & Consequences for Minors

OFFICIAL NOTICE TO FACULTY AND STAFF REGARDING SUBSTANCE ABUSE IN UNIVERSITY CAMPUS COMMUNITIES AND WORKSITES

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME:

Evaluating the Effectiveness Of California s Ignition Interlock Program

THE BIANCHI LAW FIRM 605 Thomas Street Seattle, WA WASHINGTON DRINKING & DRIVING PENALTIES AS OF JANUARY 1, 2014

Preliminary Breath Test Law: Yes (b) Also applies to CMV operators Implied Consent Law: Arrest Required (Yes/No): Yes

*Time is listed as approximate as an offender may be charged with other crimes which may add on to the sentence.

DUI & APC 47 O.S Amended by Swezey Act & McGee Act There will be two versions of the statute come November 1.

What should I do if the police ask me to take Field Sobriety Tests?

CHAPTER 4: DRIVING RECORD INFORMATION

RECOMMENDATIONS FOR GUIDELINE AREA 5A DIAGNOSIS AND SCREENING (** Priority Recommendations)

! Person operates a motor vehicle or permits another to operate a motor vehicle

HANDOUT. Current Science &Technology to Detect and Monitor Alcohol and Drug Use in Impaired Driving Cases

DUI DEFENSE A PRACTICAL APPROACH

How are you getting home? Drinking, Driving and the Law THE-TABC

COLORADO DUI AND DUID LAW WHAT YOU NEED TO KNOW WHEN CHARGED. A White Paper Presented By

THE BIANCHI LAW FIRM TH AVE NE BELLEVUE, WA WASHINGTON DRINKING & DRIVING PENALTIES AS OF JANUARY 1, 2014

CHAPTER 7 - YOUR DRIVING PRIVILEGES

NEW HAMPSHIRE New Hampshire Revised Statutes Annotated. Yes 265-A:4

York County DUI Prevention Initiative

Ignition Interlocks: Every State, For Every Convicted Drunk Driver

Driving Under the Influence of Drugs

Transcription:

DUI Traffic crashes are the single greatest cause of death for every age group between three and 34 years of age in the U.S. (except for age 7) Almost 13,000 people are killed in crashes where at least one driver has a BAC of 0.08 or higher each year Alcohol related crashes cost society over 100 billion dollars each year

Substance Abuse and Crime Researchers estimate that: Up to 80% of offenders under supervision have substance misuse issues Up to 36% of crimes are committed while the offender is under the influence of alcohol Jail/prison don t work for substance abusers and overcrowding is a major concern

We need to take control of these issues before they take control of us

Approaches to Alcohol Misuse Judicial Focuses on the crime itself Addresses alcohol as an element of a charged offense Tries to treat everyone the same Favors punishment Bases decisions on statutes and precedent Medical Focuses on the alcohol misuse problem Addresses alcohol as a cause or contributing cause of behavior Treats people as individuals Favors rehabilitation Bases decisions on scientific evidence

Which approach works best?

Why do people routinely ask that question? The solutions are NOT mutually exclusive.in fact, comprehensive approaches are the MOST effective!

Why is alcohol monitoring such a hot issue?

Monitoring the Drinking If we want to change an alcoholics behavior, we have to address the root cause of the problem: the drinking The objective monitoring of a patient s drug and alcohol use during treatment... can help the patient withstand urges to use drugs Such monitoring also can provide early evidence of drug use so that the individual s treatment plan can be adjusted Quotes courtesy of the National Institute of Drug Abuse (NIDA) Principles of Drug Addiction Treatment (1999)

Secure Continuous Remote Alcohol Monitor: SCRAM

How SCRAM Works SCRAM samples the vapor over the wearer s skin every half an hour to identify potential drinking event SCRAM measures infrared reflection and temperature to identify potential tampers and obstructions SCRAM is a passive system

Transdermal Transport is Widely Recognized Nicotine patches Birth control patches Scopalomine patches (for seasickness) Nitroglycerine for chest pain Blood pressure drugs Narcotic pain medicines Vick s Vapor Rub Muscle relaxants

How SCRAM Works SCRAM utilizes the same fuel cell technology as some evidential breath testing instruments and most preliminary breath testers Draeger manufactures the fuel cell Over 50,000 Alcosensors are used worldwide across five continents

The Benefits of a Continuous, Passive System 48 tests per day instead of a handful No opportunity to avoid participation No excuses No disruption of everyday activities: Work Treatment Vacations Sleep

There Is No More Effective System SCRAM is the only court accepted method that continuously monitors the wearer reliably ETG testing is not as reliable Point in time testing is far less effective...

There Is No More Effective System SCRAM is the only court accepted method that continuously monitors the wearer reliably ETG testing is not as reliable Point in time testing is far less effective... and requires offender participation

Identifying Potential Drinking Events SCRAM flags potential drinking events for review The device itself does not confirm these events SCRAM does not flag a drinking event unless: three consecutive readings exceed.02 the absorption rate does not exceed 0.05 per hour there is a peak the elimination rate does not exceed 0.025 per hour These criteria are designed to give the wearer every reasonable benefit of the doubt

Example: Compliant Subject

Non-Compliant Subject Absorption Rate = 0.011% Per Hour Elimination Rate = 0.010% Per Hour Subject consumed: 4 Tropical Margaritas in 2 hours from 4:15 pm 6:15 pm

Interferant: Awesome Cleaner Interferant absorption rate = 0.191% per hour Comparison drinking event absorption rate = 0.022% per hour

Interferant: Awesome Cleaner Interferant elimination rate = 0.030% per hour Comparison drinking event elimination rate = 0.014% per hour

Interferants in the Literature Giles H.G., Meggiorini S., Renaud G.E., Thiessen J.J., Vidins E.I., Compton K.V., Saldivia V., Orrego H., and Israel Y. Ethanol vapor above skin: determination by a gas sensor instrument and relationship with plasma concentration. Alcohol Clin. Exp. Res. 1987 Jun; 11(3): 249 253.

SCRAM Usage Alcohol Test Performed: 166,504,980 Unique Clients Monitored: 76,067 Monitored Days: 6,287,428 Highest Daily Number of Monitored Clients: 8,353 States with Scram Programs: 46 Entities using SCRAM: 1650 *As of end of September, 2008

OK, but does this thing really work?

AMS Internal Study Results Total Events = 839 A true negative is assumed to be any 11.3 hour period where there was NO drinking and where a drinking event was NOT confirmed. Actual Event Positive Negative SCRAM System Result Positive True Positive 62 False Positive 1 Negative False Negative True Negative 58 718 False Positive Error Rate = 0.12% * False Negative Error Rate = 6.9% *Commercially Available Drug Kits have a False Positive Rate of 5.0%

Court Hearings and SCRAM The vast majority of courts have ruled that SCRAM analysis and testimony meets the Frye and/or Daubert standard(s)

SCRAM Jurisdictions currently use SCRAM to: Assess and/or monitor high risk offenders pretrial Monitor offenders as a condition of probation Determine which convicted offenders can be trusted with ignition interlock licenses De-populate prisons Facilitate re-entry from jail or prison (transition programs) Monitor offenders on parole or conditional release

Integration There is no silver bullet Ideally, states should take advantage of all available solutions to create comprehensive solutions that: Are implementable Are appropriate (match offender dangerousness and need) Can work for as many targeted offenders as possible Are standardized But responsive to offender performance Have carrots and sticks Allow courts step up or down Allow researchers to measure successes and failures so programs can be improved

Integration Interlock Monitors vehicles Work on the vehicles they re on Designed to prevent drinking and driving directly DWI Courts Treat the problem Monitoring and accountability SCRAM Monitors people Manages risk Designed to change a person s drinking habits State s should use all methods where appropriate There is NO silver bullet

SCRAM in Illinois Used in multiple jurisdictions DuPage County State s Attorney Policy on SCRAM Requested as a condition of bond in all cases in which there is clear evidence that alcohol played a role 1st DUI: Only where extremely intoxicated All repeat DUIs DV cases where the offender was intoxicated or there is a history of abuse Other misdemeanor and felony cases where an offender s alcohol problem played a role in the commission of an offense

Potential Integration in the Law Legislative proposal Add teeth to Illinois DWLS/Monitoring License laws Jail and/or CAM for offenders who drive on DUI suspensions or revocations or violate the state s interlock laws 1st violation: 30 days jail or 100 days CAM 2nd: 60 days jail or 140 days CAM 3rd: 90 days jail or 180 days CAM (now 30d) 4 th 9th: 180 days jail or 60 days jail and 270 CAM (now 180 days jail) 10 th or subsequent: Upon release from mandatory sentence, 364 days CAM

Contact Information Stephen K. Talpins Vice President of Industry Relations Alcohol Monitoring Systems, Inc. Stalpins@alcoholmonitoring.com (703) 567-7838