Cut DUI Recidivism for Good: A Multi-Track DUI Court Approach to Repeat Offenders Going to Scale for Public Safety NADCP 2018 CONFERENCE MAY 31, 2018, HOUSTON TX JUDGE RICHARD A. VLAVIANOS, SAN JOAQUIN COUNTY
Objectives: 1. Identify the highest risk DWI/DUI offenders and design a strategy to hold them accountable 2. Use evidence-based screening and assessment to separate high-risk/high-need offenders from other high-risk DWI/DUI offenders 3. Identify how the highest risk DWI/DUI break out within Dr. Doug Marlowe s matrix 4. Use monitoring to effectively handle offenders with different risks and needs, including high-risk/low-needs offenders who constitute the largest percentage of many repeat DUI caseloads
Expanding Our Vision... Task - Draw four straight lines connecting all nine boxes......
It ain t what you don t know that gets you in trouble. It s what you know for sure that just ain t so.
WHY DUI?
DUIs are only misdemeanors need to focus on more serious crime Homicides should be the main public safety focus
California Homicides 2013 1,746 FBI Uniform Crime Report Murder or Non-Negligent Manslaughter
California Alcohol & Drug Involved Crash Fatalities 2013 1,699 DMV DUI MIS Report
2013 - California Homicides and Impaired Driving Deaths Compared Total = 3,445 Homicide = 1,746 Alcohol/Drug Impaired Driving = 1,699
Impaired Driving 49% Homicide 51%
Imagine - 36% Reduction in DUI Deaths Total = 2,833 Homicide = 1,746 Alcohol/Drug Driving = 1,087-612 lives
Impaired Driving 33% Homicide 67%
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TARGETING THE HIGH RISK GROUP REPEAT OFFENDERS
Repeat Offenders Constitute: 1.43% of California Drivers 26% of California DUI Offenders 59% of California drivers in alcohol/drug fatal or injury crashes DMV MIS Report 2015
KNOWING THE CLIENT DUI OFFENDERS ARE DIFFERENT!
What do we know about DUI offenders? High risk for a new DUI does not mean high risk for other types of criminal recidivism More likely to be high functioning in other areas (Many alcoholics still get up every morning and go to work and take care of their children) DUI offenders don t often show up as high risk on risk assessments standardized on the
Are DUI offenders really different? More likely to be: Male White Older Highly educated Employed Of a higher income level Scored as low risk on assessment Need DUI specific tool DUI RANT, IDA, CARS
Are DUI offenders really that different from drug offenders? Engage in behavior that is dangerous and frequently causes serious injury or fatalities Denial - drinking alcohol is not illegal, highly prevalent, and even encouraged in many activities
GOOD NEWS TRADITIONAL DUI COURTS WORK!
TRADITIONAL DUI COURT Treatment Designed for addicted/dependent offenders Intensive treatment Intensive court supervision 75 100 participants, no >125 Great success rates Evidence based model for addicted offenders
Traditional DUI Court Data Georgia study 3 courts (NHTSA) 20% reduction in recidivism Up to 65% for graduates Wisconsin study 1 court (Temple) Michigan study 3 courts (NPC) Minnesota study 9 courts (NPC)
SOME BAD NEWS Traditional dui courts are Not For Everyone!
Who They Work For Only Individuals who are high risk and high need! Increases recidivism/no effect for the rest
Number of Re-Arrests Minnesota Study in 9 DWI Courts Completed September 2014 Participants (regardless of graduation status), at the majority of the 9 DWI courts had lower re-arrest rates but not all of them Graduates All Participants Comparison 0.57 0.59 0.46 0.31 0.29 0.87 0.20 0.14 0.65 0.54 0.53 0.52 0.70 0.65 0.36 0.30 0.34 0.21 0.19 0.30 0.47 0.81 0.75 0.44 0.28 0.25 0.62 DWI Court #1 n = 51 DWI Court #2 n = 48 DWI Court #3 n = 46 DWI Court #4 n = 273 DWI Court #5 n = 33 DWI Court #6 n = 43 DWI Court #7 n = 140 DWI Court #8 n = 30 DWI Court #9 n = 74
% Appropriate for DUI Court Risk/Needs Data on Repeat Offenders - San Joaquin Co. using DUI RANT 819 over 27 months in S.J. County 31% High Risk/High Need 69% not Traditional DUI Court is NOT APPROPRIATE 48% - High Risk/Low Needs 17% - Low Risk/Low Needs 4% - Low Risk/High Needs
LIMITATIONS OF TRADITIONAL DUI COURTS Numbers - should be no >125 S.J. County - >500 repeat offenders per year Need to work with many more high risk offenders than traditional DUI Court handles Traditional DUI Court can exclude: Many high risk substance abusers who need lesser interventions; and Those who do not volunteer
California OTS Safety Ranking Alcohol Involved Collisions By County 1=Worst; 58=Best 50 45 43 43 40 35 30 30 38 32 29 38 31 40 36 34 28 37 36 25 20 15 10 24 22 19 9 20 18 9 18 11 9 9 19 18 17 13 10 21 15 14 11 5 5 6 0 2008 2009 2010 2011 2012 2013 1 2 3 4 5 6
Expanding Our Vision.........
MORE GOOD NEWS THE MULTI-TRACK DUI COURT Moving the traffic safety needle through a more comprehensive and systemic approach
TRADITIONAL DUI COURT PRINCIPLES THAT CAN BE USED Monitoring & accountability to court Same judge Compliance monitored Consequences - certain & swift Positive reinforcement ACCOUNTABILITY WORKS!!!
MULTI-TRACK MODEL DESIGN All Repeat Offenders!!! Track One Everyone except High Risk/High Needs Mostly Substance Abusers Court Monitoring, no treatment Track Two High Risk, High Needs Addicts DUI Court Monitoring and Treatment DUI RANT Screening determines track
COURT MONITORING TRACK Report to Case Manager - verifes compliance Added probation conditions Alcohol/drug monitoring 1 year; Abstain clause Court reviews scheduled for - 1 mo.; 6 mo.; 1 yr. Court appearance added with noncompliance Swift response to non-compliance Recognition for compliance 81% of clients - 29% of costs
MONITORING TECHNOLOGIES Transdermal Monitoring (ankle bracelet) Ignition Interlock Device Remote Testing (cell phone) Daily Testing (24/7 program) Drug Testing
Transdermal Monitoring (ankle Positives 24/7 monitoring for alcohol Works almost anywhere/anytime Psychological effect constant reminder Best technology for monitoring abstinence Negatives Does not prevent driving impaired Tampers Client must download or base station Highest cost ($8-10/day) bracelet)
Ignition Interlock Device Positives Prevents driving that vehicle impaired Can be used as a breath test Cost efficient - $95-110/month Negatives Does not prevent driving other vehicles impaired or monitor alcohol consumption Need 4 tests per day as breath test Limited to the location of the vehicle Need device with a camera (higher cost)
Remote Testing (cell phone) Positives Ease of use Can be used anywhere Identity not an issue Negatives Does not stop driving impaired Want at least 4 tests per day Missed tests Cost = $6-8/day
Daily Breath Testing (24/7) Positives Most affordable Can be used with police to make sanctions swift and certain Can use with other technologies Negatives Does not prevent impaired driving Easiest to drink around Can be used as a step down
Drug Testing Urine Testing Must have integrity cannot be beat 2 3 times per week Random testing Drug Patch Gives 24/7 testing Must be replaced bi-weekly
Making Monitoring Work Non-negotiable IT WORKS! Costs Mostly offender paid they can Some grant funding for those who can t Checked at least every two weeks for certainty and celerity Any violations, missed tests, or tampers advanced to the next court calendar
OUTCOMES SAFETY
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OTHER OUTCOMES
Overall impact
NUMBERS Active clients - 489 Since inception (10 years) - 4,301 Completions - 3,666 Successful 82%, 2991 Recidivism 11%, 471 32% Reduction overall 50% Reduction in collisions
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60 California OTS Safety Ranking Alcohol Involved Collisions By County 1=Worst; 58=Best San Joaquin County 4 th best 55 50 40 43 30 32 32 25 20 17 10 0 2008 2009 2010 2011 2012 2013
Questions?