Regional DWI Courts. Hon. Patrick Bowler, Ret. Michigan Judicial Outreach Liaison. Hon. Harvey Hoffman District Court Judge Eaton County, MI

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1 Regional DWI Courts Hon. Patrick Bowler, Ret. Michigan Judicial Outreach Liaison Hon. Harvey Hoffman District Court Judge Eaton County, MI

2 Caution - We Are All Different State Laws State Resources Geographic landscape State/Community Tolerance State Priorities (Judicial/Legislative) CHALLENGE: ESTABLISHING OUR PROGRAM FOR IMPROVING PUBLIC SAFETY IN OUR COMMUNITY!

3 We Have a Problem ,076

4 Drugged Driving - the High way

5 More Drugging and Driving than Drinking and Driving More drivers tested positive for drugs that may impair driving (14 percent) than did for alcohol (7.3 percent). Of the drugs, marijuana was most prevalent, at 7.4 percent, slightly more than alcohol. Courtesy Judge Peggy Hora. CA OTS Roadside Survey Nov. 19, 2012

6 Marijuana Affects Driving

7 Problem Public Perception/Public Attitude Can a Person be Too Stoned to Drive? I didn t know you could Get a DUI for being high

8 INTERVENTION An encounter with the Criminal Justice System offers a unique opportunity to intervene; to identify and (re)habilitate drug involved offenders. The question is: Have we done it EFFECTIVELY?

9 DWI Courts Focus on the Most Dangerous High BAC Drunk Drivers More than one-half of all impaired driving fatalities had BAC above times more likely to be involved in fatal crash

10 Repeat Drunk Drivers 1/3 of DWI offenders are repeat offenders Median BAC for repeat offenders exceeds.15 Repeat offenders are over-represented in injury & fatal crashes

11 One Answer: Believe the Research We know beyond a reasonable doubt that Drug Courts significantly reduce drug use and crime and do so with substantial cost savings.

12 DWI Courts: Believe the Research We can now say that there is Clear and Convincing Evidence that DWI Courts significantly reduce recidivism of DWI crimes and do so with substantial cost savings. Dr. Marlow, NADCP Annual Conference 2014

13 DWI Courts REDUCE RECIDIVISM The Campbell Collaboration conducted a meta-analysis of 28 evaluations of DWI Courts CONCLUSION: DWI Courts reduced both DWI recidivism and general criminal recidivism by an average of more than 12 percent. The best DWI Courts reduced recidivism by as much as percent.

14 NHTSA Study (2011) 15% vs. 35% 79% Between

15 Wisconsin Study Waukesha Wisconsin Recidivism rates for any new offense were found to be significantly lower for the DWI Court participants.

16 Success: Michigan Study Reduced recidivism Fewer re-arrests Cost savings

17 Minnesota DWI Study Nov 2014 Funded by NHTSA - The goal was a credible and rigorous evaluation of the court process and its effectiveness. Cost Analysis: 7 DWI Courts saved $1.4 million over 2 year period Return of $3.19 for every $1 invested in DWI Courts. Majority of Minnesota DWI Courts reduced recidivism up to 69%. (With biggest impact on the High Risk participants. We are pleased [with] the court s impact on recidivism because it reduces traffic fatalities and serious injuries, said Donna Berger, director of the state s Office of Traffic Safety. It s another tool in the toolbox.

18 With Success comes Responsibility Every high risk/high need DWI offender in America who needs effective treatment, supervision, and accountability should be able to get the services of a DWI Court.

19 Success but The Tip of the Iceberg To Make a real Difference - We need to EXTEND our Success!

20 Extending the Success Regional DWI Courts Regional DWI Courts are distinguished from other DWI courts by the number of geographically distinct jurisdictions participating in a single joint program.

21 Why Regionalize? Individual Courts may have: Limited resources for a DWI Court Limited population Lack of interest/buy in May have other problem-solving courts

22 What Planted the Seeds? Judicial Outreach Liaison Ignition Interlock pilot program Transfers protocol How fair is it? Recovery Driving Privilege Plea/Sentence advantage Constitutional Issues

23 State Judicial Outreach Liaison A Judicial Perspective Provide Training, education and technical assistance to judges and other criminal justice officials, as appropriate, regarding impaired driving and other traffic issues. Share information and coordinate with criminal justice professionals.: Office of Highway Safety Planning, NHTSA, Law enforcement, prosecution and defense. Promote evidence-based and promising court, sentencing and supervision practices that relate to impaired driving and other traffic cases, including use of DWI Courts and Ignition Interlocks.

24 Hurdles Multiple Jurisdictions/Funding Units Multiple policy makers (County Controllers/Commissioners) Probation Agents different jurisdictions Transportation/Travel of Team and Participants Different Cultures Regarding Response to Offenses Training and Understanding

25 The Fundamental Steps RDWI Courts I. The team (state, local) II. Recruitment (the region, the judge, the incentives) III. Training/Education IV. Transferring of Cases V. Structure VI. Transportation 25 7/8/2015

26 I. The Team State State JOL State Court Administrative Office NHTSA/OHSP MADCP (State Drug Court Association) NCDC (National Center for DWI Courts) Judges Region Court Administrators Probation/Case workers Treatment providers Prosecutors Defense attorneys Local governments Law enforcement Ancillary support 26 7/8/2015

27 II. Recruitment A. The Region B. The Judge

28 II. Recruitment The Region

29 DWI Courts Keweenaw Houghton Ontonagon Baraga Gogebic Iron Dickinson Marquette Alger Delta Schoolcraft Luce Mackinac Chippewa Menominee Emmet Cheboygan Charlevoix Presque Isle Regional DWI Benzie Leelanau Grand Traverse Antrim Otsego Montmorency Alpena Kalkaska Crawford Oscoda Alcona DWI Wexford Missaukee Roscommon Ogemaw Iosco Manistee Arenac Mason Lake Osceola Clare Gladwin Huron ADC accepting DWI Oceana Newaygo Muskegon Ottawa Mecosta Isabella Midland Bay Montcalm Saginaw Gratiot Kent Ionia Clinton Shiawassee Genesee Tuscola Lapeer Sanilac St. Clair Allegan Barry Eaton Ingham Livingston Oakland Macomb Van Buren Kalamazoo Calhoun Jackson Washtenaw Wayne Berrien Cass St. Joseph Branch Hillsdale Lenawee Monroe

30 Houghton Keweenaw Regional DWI Operational and Potential Programs As of August 1, 2014 Ontonagon Baraga Gogebic Iron Marquette Alger Schoolcraft Luce Chippewa Dickinson Delta Mackinac Menominee Emmet Cheboygan Charlevoix Presque Isle Antrim Otsego Montmorency Alpena Leelanau Benzie Grand Traverse Kalkaska Crawford Oscoda Alcona Manistee Wexford Missaukee Roscommon Ogemaw Iosco Mason Lake Osceola Clare Gladwin Arenac Huron Oceana Newaygo Mecosta Isabella Midland Bay Muskegon Montcalm Gratiot Saginaw Tuscola Sanilac Ottawa Genesee Kent Ionia Clinton Shiawassee Lapeer St. Clair Allegan Barry Eaton Ingham Livingston Oakland Macomb Van Buren Kalamazoo Calhoun Jackson Washtenaw Wayne Berrien Cass St. Joseph Branch Hillsdale Lenawee Monroe

31 Wayne County Sobriety Courts Operational and Potential Programs As of August 1, A GPW Livonia GPF Plymouth Dearborn Detroit 36 GPP GPC GPW Grosse Pointe Woods GPF Grosse Pointe Farms GPC Grosse Pointe City GPP Grosse Pointe Park 25 Romulus 34 Taylor Woodhaven Redford 18 Westland 20 Dearborn Heights 21 Garden City 22 Inkster 24 Allen Park 25 Ecorse, Lincoln Park 27 Wyandotte 28 Southgate 29 Wayne City 30 Highland Park 31 Hamtramck 32A Harper Woods Adult Drug Courts accepting OWI offenses Potential Regional DWI Program

32 Kent County Sobriety Courts Operational and Potential Programs As of August 1, 2014 Operational Sobriety Court Program Potential Regional DWI Program Kent Co A 62B

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34 II. Recruitment The Judge

35 Judicial Leadership 1. To Improve the Legal System 2. To Improve the System of Justice 3. To Be Innovative in Meeting the Needs of the Public 4. To Improve Public Safety 5. To Save Money 6. The prize: Professional Satisfaction

36 III. Training/Education A. Region Judicial Teams/Disciplines - Training Community Leaders - Education Stakeholders Saving lives/saving money B. Changing the Culture We ve always done it that way! C. Use the Research/Use the Data 36 7/8/2015

37 IV. Transferring of Cases Who initiates? Eligibility Cross assignment Transfer of supervision Role and actions of each court, include money, warrants, and jail sanctions Electronic systems

38 V. Structure of Pilots

39 Structure Local Administrative Orders Memorandums of Understanding 39 7/8/2015

40 VI. Transportation Most participants have no license How would they get to a Regional DWI Court, treatment, etc. Bus, cab, paid mileage, poly com

41 Michigan s DWI / Sobriety Court Ignition Interlock Program

42 Michigan Association of Drug Court Professionals After 45 day hard suspension Restricted License for repeat offender Ignition interlock on all vehicles Only if in DWI Court

43 Restricted License: Allowed to drive to and from 1. The person s residence 2. The person s work location 3. In the course of the person s employment or occupation, as long as a commercial driver s license is not required 4. Alcohol, drug or mental health education and treatment as ordered by the court 5. AA/NA/MA or other court ordered self-help programs

44 6. Court hearings and probation appointments 7. Drug and alcohol testing 8. Court ordered community service 9. An educational institution at which the person is enrolled as a student 10. Ignition interlock service provider location as required 11. A place of regularly occurring medical treatment, for a serious condition or for a medical emergency, for the person or a member of the person s household or immediate family

45 The Wedding RDWI Courts and ignition interlock programs hold great promise Without each other: limitations Together: these two highway safety programs can make the perfect marriage.

46 Benefits to Interlock Judicial Oversight (In court/2 weeks) Insure devices placed on vehicles Treatment mandate maintaining recovery when interlock removed 46 7/8/2015

47 Benefits to DWI Court Restricted licensing for offender Makes DWI Court participation more attractive to repeat DWI offenders Greatly increases interest in DWI Courts among Judges. Alcohol testing in the offender s driveway Swift sanctions and rewards Control car and the offender with one technology

48 48 7/8/2015

49 Michigan DWI/Sobriety Court Ignition Interlock Study Compliance with Interlock Order 2.9% 97.1% Compliant Non-Compliant

50 Restricted License as Reward Rewards more powerful than sanction Participants very motivated to get and keep license

51 Graduation Rates Participants Non-Interlock Group 12% 88% 34% 66% Successful Failed

52 Interlock + Treatment If nothing is done but placing the offender on an interlock, the recidivism rates of program participants eventually return to levels comparable to offenders who did not participate in the interlock program Robertson, Vavlern & Simpson, (2006)

53 14 12 Recidivism DWI Court Interlock Group vs Standard Probation Interlock Group Traditional Probationers DWI < 1 Year DWI < 2 Years DWI < 3 years Other Crimes < 1 Year Other Crimes < 2 Years Other Crimes < 3 Years

54 10 Guiding Principles 1. Target the Population 2. Provide a Clinical Assessment 3. Develop the Treatment Model 4. Supervise and Detect Behavior 5. Develop Community Partnerships 6. Take an Active Judicial Role 7. Provide Case Management 8. Solve Transportation Barriers 9. Evaluate the Program 10. Ensure Sustainability

55 Will RDWI Courts Work? Accountability Testing Random Surveillance Treatment Counseling Appointments 12 Step Meetings Court Appearances 55 7/8/2015

56 Will RDWI Courts work: A Coordinated Effort in the Region? Court Coordinator Treatment Evaluator Provider Judge(s) Advocates Defense Counsel Law Enforcement Mental Health Prosecutors Probation 56 7/8/2015

57 NCDC Expansion Project The number of DWI Courts in America needs to be expanded. Why? DWI Courts are proven to save lives and are cost effective. DWI Courts reduce recidivism and produce long-term, sustained sobriety in the repeat offender, who then becomes a healthy, law-abiding, productive member of society.

58 DWI Courts December 31, Stand-Alone DWI Courts 436 Hybrid DWI Courts 673 Total Michigan RDWI Project 2 years: added 21 Counties/31 jurisdictions

59 Support for Regional DWI Courts Michigan State Government National Highway Traffic Safety Association Michigan s Office Highway Safety Planning Director Mike Prince

60 When is Good Enough Good Enough? NEVER!

61 For More Information Hon. Patrick C. Bowler, ret. Michigan Judicial Outreach Liaison (616) Hon. Harvey Hoffman District Court Judge (517)

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63 National Highway Traffic Safety Administration National Center for DWI Courts DWI Court Training 2015 NADCP Conference National Harbor Washington DC. At Scene On Call Unique Approaches to DWI Supervision and Field Services NCDC, May 2014 The following presentation may not be copied in whole or in part without the written permission of the author or the National Center for DWI Courts. Written permission will generally be given without cost, upon request (EVERY Guiding Principle and Best Practice Standard Applies Here) NCDC: A Professional Services Division of NADCP 1

64 Panelist Chief Russell Laine Police Chief Judge Robert Anchondo El Paso, TX Officer Juan Gonzalez El Paso, TX Officer Juan Ferrell El Paso, TX Karen Barnes Maricopa County AZ Moderator Vanessa Price, Inspector (Retired) 2

65 Learner Objectives 1. Recognize the benefits of community-based approach to public safety for DWI Supervision 2. Identify how early detection and intervention serve as an adjunct to participant success 3. Understand the critical role that field services play in overall program success 3

66 What it looks like for LEO Drivers with prior DWIs are over-represented in injury & fatal crashes 1/3 of DWI offenders are repeat offenders 4

67 Crime Impact In some evaluations the effects on crime were as high as 35 percentage points. Importantly, the effects were greatest for high-risk offenders who had more severe criminal histories and drug problems. This suggests that drug courts may be best suited for the more incorrigible and drug-addicted offenders who cannot be safely or effectively managed in the community on standard probation. E.g., Marlowe, D. B. (2006). Judicial supervision of drug-abusing offenders. Journal of Psychoactive Drugs, SARC Supplement 3,

68 Talk Back. What up BRO??? (Benefits Risk Outcomes) Risk to the community Legal response to the problem 6

69 Guiding Principle #4 Supervise the Offender Driving while impaired presents a significant danger to the public. Increased supervision and monitoring by the court, probation department, and treatment provider must occur as part of a coordinated strategy to intervene with hardcore DWI offenders and to protect against future impaired driving.

70 Guiding Principle #8 Address Transportation Issues Though nearly every state revokes or suspends a person's driving license upon conviction for an impaired driving offense, the loss of driving privileges poses a significant issue for those individuals involved in a DWI Court program. In many cases, the participant solves the transportation problem created by the loss of their driver's license by driving anyway and taking a chance that he or she will not be caught. With this knowledge, the court must caution the participant against taking such chances in the future and to alter their attitude about driving without a license.

71 Defining Roles HOW DO YOUR ROLES ADD VALUE TO DWI PROGRAMS IN YOUR JURISDICTION? 9

72 Introduction to DWI Court Role Referrals and Identification of clients Identifying offenders early and enrolling them quickly Familiar with the high risk/high need offenders Familiar with the cross between criminal justice and substance abuse in jurisdiction Initial Screener at arrest Criminal History, associates, gang involvement of referrals How can your role have an impact on the program? On public safety? 10

73 Treatment Provider Program Coordinator Judge Probation Officer Public Defender Assistant District Attorney Law Enforcement (The Muscle)

74 Role of Law Enforcement and Probation CONDUCT HOME VISITS COMPLIANCE CHECKS AND SURVEILLANCE CHECKS How are these handled in your jurisdiction? What does the follow-up/information look like?

75 Role of Law Enforcement Conduct Random Home Visits Introduction to Participant, Friends, Family Observations (home environment) Curfew (including work) Urine and Breath Testing Room and Vehicle Searches (including fridge and trash) Photograph Living Conditions Arrests (when necessary) Benefits? Risk? Outcomes?

76 Role of Law Enforcement and Probation Attend Staffings, Court Hearings, and Graduations Share Information Provide and Receive Input Assist the Court with UA/BA Arrest (when needed) How do the roles impact the Judges effectives when interacting with participants

77 Field Experience Observation Skills Investigative Skills Interviewing Skills Safety Arrest Powers Street Knowledge Latest Crime Trends Visibility Importance of Discipline Roles

78 Managing the Caseload Identify resources that are able to assist in various aspects of case management What agencies are able to assist in providing supervision? Are there positions within the agency to assist in supervision? What programming and services are the participant utilizing? How do caseloads impact Probation Caseloads?

79 How to Bring Law Enforcement into your team Have the Judge talk to the Chief of police and Sheriff Have law enforcement officers from other courts talk to the Chief of Police and Sheriff Meet with City/County Leaders

80 What we should begin to see: Secular Organizations for Sobriety LifeRing

81 WINNING AT LOSING!!!!! If a man commits a crime and doesn t get caught His foolish mind believes he s winning But we know he s winning at losing. And if we catch him; we retaliate, punish and lock him away We too, believe we are winning But if our need for revenge makes him more

82 Sources of Information DeMichele, M., & Lowe, N.C. (2011) DWI Recidivism: Risk implications for community supervision. Federal Probation, Vol. 75, No. 3. NADCP, (2013) Adult Drug Court Best Practice Standards, National Association of Drug Court Professionals, Alexandria, VA. Marlowe, D.B. (2012) Drug court Practitioner Fact Sheet: Targeting the right participants for adult drug courts. NADCP, Alexandria, VA. 20