TRAVIS COUNTY DWI COURT JUDGE ELISABETH EARLE, PRESIDING



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Transcription:

TRAVIS COUNTY DWI COURT JUDGE ELISABETH EARLE, PRESIDING

DWI Cases Are A Significant Percentage Of New Cases Filed In Travis County: 23% of all new cases filed in FY 2009 are new DWI cases Total cases filed in FY 09 were 7281 2

Multiple Pending DWIs On November 1, 2006, there were 375 individuals with two or more DWIs pending That number has increased to 477 individuals with two or more DWIs pending as of May 27, 2010 3

Implementation Background: May 2007-80th Legislature passed H.B. 530 requiring counties with a population of over 200,000 to create a Drug or DWI Court; funding not associated with the bill June 2007 Travis County agencies receive training September 2007 -Travis County DWI Court Steering Committee formed Committee Members Include: 4 Judges Court Administration Probation County Clerk Pretrial Services County Attorney Defense Attorneys Counseling and Education Services Criminal Justice Planning Treatment Provider

Mission The mission of the Travis County Adult Probation DWI Court is to enhance public safety through providing an intense, judicially supervised program of team-based counseling, treatment and supervision to alcohol dependent DWI offenders 5

Mission 6 This mission is accomplished through collaborative partnerships between the DWI Court, public agencies, and community-based organizations. The Court uses a pro-active approach which entails the early identification of repeat DWI offenders and provides them with the support and services needed to stop their repetitive involvement with the criminal justice system.

The Travis County DWI Court Steering Committee decided on a post-adjudication DWI Court: To increase public safety Based on local and national trends 7

Target Population 8 DWI offenders 17 years and older Resident of Travis County or adjacent county Arrested in Travis County for a 2 nd or subsequent DWI within two years of first arrest or conviction No other unresolved pending cases Cases do not involve victims No violent criminal history Must meet clinical criteria

DWI Court Program Summary The program consists of three phases with the entire program lasting a minimum of 12 months, and includes the following activities: Judicial Oversight- Regular court appearances for progress review Phase I = 1 time per week Phase II = every other week Phase III = 1 time per month or as directed by Judge Case Management: Regular office visits with a probation officer to monitor compliance with the program requirements and conditions of probation Alcohol Drug Testing: Random testing to ensure abstinence 9

Intensive Treatment DWI Court Regular Outpatient Phase I 3 months 6 weeks Program Hours 130 hours 63 hours AA Meetings 26 meetings 12 meetings Assignments 6 hours 3 hours Total Hours 162 hours 78 hours Phase II 10 Aftercare 87 hours 52 hours AA Meetings 52 meetings 52 meetings Total Hours 139 hours 104 hours

Expected Outcomes for the County 11 Increased public safety Reduced recidivism Potential reduction in jail days Without the benefit of the DWI Court Program, multiple DWI defendants would typically serve: o A probated sentence including 30 real days in jail as a condition: 54 participants x 30 days = 1,800 jail days saved or o A jail sentence as a final disposition resulting in approximately 80 real jail days: 54 participants x 80 days = 4,320 jail days saved

DWI Court Staffing Team 12 Presiding Judge, Elisabeth Earle County Attorney Prosecutor Defense Attorney Treatment Provider Adult Probation Court Services Manager Probation Officer Probation TAIP Assessment Staff Additionally, the Court is supported by the County Clerk s Office, Law Enforcement, and Court Administration

Incentives for Participants 1. Suspension of jail time and CSR 2. Waiver of state mandated DWI education classes 3. Eligibility for Occupational Driver s License 4. Suspension of court-ordered fines 5. Reduction of reporting requirements as participant successfully progresses through phases 6. Opportunity to change one s life through intensive treatment, counseling, and support 13 NOTE: Sanctions may be used, to include jail time, or removal from the program for non-compliance

Program Fees One time $500 DWI Court program fee Co-payment for treatment based on ability to pay Probation supervision fees TAIP assessment fee Additional Court ordered fees Any surveillance tools ordered by the Court (EM, ignition interlock, etc.) 14

Program Developments October 2007 - Pilot program developed, limited to 40 participants. Probation agrees to fund participant treatment and a probation officer position internally, on a temporary basis, in anticipation of receiving Governor s Office Grant Award. April 2008 First two participants enter the program July 2008 15 o Governor s Office announces an indefinite delay in funding the grant o DWI Court Steering committee limits program participants pending grant funding

Program Developments February 2009 Governor s Office grant awarded 5 months later than expected. Award included $213,698 for one probation officer and treatment for 50 participants. April 2009 o DWI Court celebrates 1 st Anniversary and 1 st Graduation Ceremony o Due to late receipt of grant funding, DWI Court Steering Committee focuses efforts on program awareness and increasing participants o 2 nd Governor s Office Grant proposal for DWI Court is submitted for FY10 June 2009 54 participants in program. 16

Program Developments October 2009 Governor s Office grant awarded ($210,315) March 2010- Additional grant proposal submitted to Substance Abuse and Mental Health Services Administration (SAMHSA) specifically to help fund treatment April 2010 3rd Governor s Office Grant proposal for DWI Court is submitted for FY11 17

Program Developments May 2010 - o Largest graduation ceremony, 19 Graduates o Largest number of participants at any one time is 67 June 2010-47 graduates since inception 18