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Table of Contents Strategies for Addressing The DWI Oﬀender: 10 PROMISING SENTENCING PRACTICES A compendium of promising sentencing practices proposed at theNHTSA National DWI Sentencing Summit at The National Judicial CollegeMarch 15-16, 2004 Strategies for Addressing The DWI Oﬀender: A compendium of promising sentencing practices proposed at the NHTSA National DWI Sentencing Summit at The National Judicial Col ege Wil iam Brunson and Pat Knighten, Editors Table of Contents Promising Sentencing Practice No. 1: DWI Courts . . . . . . . . . . . . . 9 Guiding Principles for DWI Courts . . . . . . . . . . . . . . . . 16 Promising Sentencing Practice No. 2: Staggered Sentencing . . . . . . . . . 19 Guiding Principles for Staggered Sentencing . . . . . . . . . . . . . 22 Promising Sentencing Practice No. 3: Sentencing Circles . . . . . . . . . . 23 Guiding Principles for Sentencing Circles . . . . . . . . . . . . . . 28 Promising Sentencing Practice No. 4: Vehicle and License Plate Sanctions . . 29 Guiding Principles for Vehicle Sanctions . . . . . . . . . . . . . . 31 Promising Sentencing Practice No. 5: Ignition Interlock Devices . . . . . . . 33 Guiding Principles for Ignition Interlock Devices . . . . . . . . . . . 36 Promising Sentencing Practice No. 6: Electronic Monitoring and SCRAM . . 37 Guiding Principles for Electronic Monitoring and SCRAM . . . . . . 39 Promising Sentencing Practice No. 7: Victim Impact Panels . . . . . . . . 41 Guiding Principles for Victim Impact Panels . . . . . . . . . . . . . 43 Promising Sentencing Practice No. 8: Cognitive Behavioral Therapy . . . . . 45 Guiding Principles for Cognitive Behavioral Therapy . . . . . . . . . 49 Promising Sentencing Practice No. 9: Drug Therapy . . . . . . . . . . . . 51 Guiding Principles for Drug Therapy . . . . . . . . . . . . . . . 55 Promising Sentencing Practice No. 10: Reentry Courts and Programs . . . . 59 Roster of Summit Participants and Contributing Authors . . . . . . . . . 69 10 Promising Sentencing Practices
Executive Summary Th is compendium of promising Th is compendium identiﬁ es 10 Summit participants and other sentencing practices is based on the promising sentencing innovations recognized judicial leaders in the ﬁ eld National Highway Traﬃ c Safety the summit participants identiﬁ ed as have had favorable results using these Administration (NHTSA) National having promise for reducing recidivism sentencing innovations with repeat Driving While Intoxicated (or by DWI oﬀ enders, whether repeat or and ﬁ rst-time DWI oﬀ enders. Some Impaired) (DWI) Sentencing Summit, ﬁ rst time oﬀ enders. Th ese sentencing of the innovations have not been which was held at Th e National Judicial practices are listed in the order in which subjected to empirical studies, so their College (NJC) on March 15-16, 2004, they may apply to an oﬀ ender: eﬀ ectiveness is not yet known. Each in Reno, Nevada. Summit attendees chapter describes in detail a sentencing ■ DWI courts.
included oﬃ cials from NHTSA as innovation and provides information well as judges, researchers, treatment ■ Staggered sentencing.
about studies that evaluate their professionals, and probation and parole ■ Sentencing circles.
eﬀ ectiveness, if available. Each chapter oﬃ cials from throughout the United also provides "Guiding Principles," ■ Vehicle and license plate sanctions.
States, who were selected to participate which describe speciﬁ c steps for in the summit based on their expertise ■ Ignition interlock devices.
implementing each practice.
in dealing with DWI oﬀ enders.
■ Electronic Monitoring and Th e purpose of the summit was to ■ Victim impact panels.
identify innovative sentencing practices that have been used successfully by ■ Cognitive behavioral therapy.
courts in dealing with DWI oﬀ enders ■ Drug therapy.
who have not been prevented from ■ Reentry courts and programs.
re-oﬀ ending by traditional sentencing methods.
10 Promising Sentencing Practices
Preface and Acknowledgment The preface proﬁles how the Summit attendees included oﬃcials National DWI Sentencing Summit. Sentencing Summit was designed. It from NHTSA headquarters, The attendee's material, brainstorming, also identiﬁes how this compendium NHTSA's Western Regional commitment, and leadership in the was designed and explains why the administrator, judges, researchers ﬁeld of highway safety are greatly 10 sentencing innovations proﬁled from the United States and Canada, appreciated and have served as a were selected. Finally, it acknowledges as well as treatment professionals, foundation for this Compendium. the contributions of the summit probation and parole experts and participants and the authors.
judges from throughout the United The National Judicial College States.1 They were selected based upon thanks the many individuals who Design of NHTSA's National their expertise in dealing with DWI were contributing authors to this Sentencing Summit on Repeat oﬀenders. Their work, coupled with compendium. The NJC also appreciates the expertise of the researchers and those who oﬀered comments and suggestions during the review of Through funding from NHTSA, The those working directly in the civil and this document. The compendium is National Judicial College invited 21 criminal justice system, provided for a better because of those suggestions. participants to a summit to identify dynamic exchange of ideas. NJC commends all the judges and promising sentencing practices in Design of This Compendium other non-NJC staﬀ who did this combating DWIs. The National work without compensation and Judicial College designed the summit After the summit, The National Judicial deeply appreciates their leadership, with the following substantive College invited summit participants commitment, and talents.
components: (1) summit overview; to draft chapters that addressed those (2) introductions and problem solving sentencing practices that appeared to be The summit and this publication would exercise; (3) problem identiﬁcation; the most promising from the summit. not have been possible without funding (4) breakout session: ﬁnding solutions Not all of the promising sentencing from NHTSA. NJC appreciates and to identiﬁed problems; (5) plenary practices identiﬁed in this compendium enjoys working with the committed session: sharing solutions; (6) review have been empirically studied, and it individuals in NHTSA, who are of shared solutions and proposed is recommended that those studies devoted to advancing justice in highway ideas; (7) breakout session; ﬁnding be conducted. This compendium is safety cases. This compendium solutions to identiﬁed problems; (8) designed to give judges ideas they can represents a joint eﬀort by NHTSA, plenary session: sharing solutions; and implement in their communities. It is NJC, judges, researchers, probation and (9) closing: best practices summary also designed to inspire them to analyze parole oﬃcials, treatment providers, and next steps. During the ﬁrst day, critically whether their current modes medical professionals, and others in the participants identiﬁed the common of operation are eﬀective. ﬁeld of highway safety. obstacles that judges confront in adjudicating DWI cases. Next, small In sum, NJC hopes this compendium groups began to identify solutions The National Judicial College and will serve as further inspiration to to the identiﬁed problems , which the National Highway Traﬃc Safety judges, hearing oﬃcers, magistrates and continued on the second day. Finally, Administration, U.S. Department of administrative law judges to continue the participants endeavored to identify Transportation, thank the many judges implementing innovative practices to those practices that appeared to be and other highway safety professionals tackle one of our nation's most signiﬁ- the most promising in reducing the who participated in the NHTSA cant problems--the DWI oﬀender.
recidivism rates of DWI oﬀenders. 1A roster of the participants and contributing authors is contained at the back of this publication.
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While this compendium concentrates ■ Alcohol was involved in 41 percent Characteristics of Repeat on the repeat DWI oﬀender, many, if of fatal crashes and 6 percent of all not all, of the sentencing innovations reported crashes in 2002.
can be used for ﬁrst-time oﬀenders Research has also documented the ■ Alcohol-related crashes in the as well. In this introduction, the facts characteristics of repeat DWI oﬀenders United States cost the public more about repeat DWI oﬀenders are in State of Knowledge of Alcohol- than $50 billion in 2000, and 75 proﬁled. Next, the characteristics of Impaired Driving: Research on Repeat percent of these costs occurred in repeat DWI oﬀenders are described. DWI Oﬀenders (February 2000). crashes in which a driver had a BAC The introduction then summarizes Studies show that: of .10 or higher.
the Federal sentencing requirements ■ The more DWI convictions an for repeat DWI oﬀenders and proﬁles ■ Every 30 minutes, someone in the oﬀender has, the greater the likeli- State sentencing laws. It then showcases United States is killed in an alcohol- hood that the oﬀender will re- the eﬀectiveness of traditional related crash.
oﬀend. One study has shown that sentencing sanctions in stopping repeat ■ DWI is the most frequently oﬀenders with four prior convictions DWI oﬀenders, and suggests the need committed violent crime in the are four times more likely to for innovative sentencing sanctions. United States.
recidivate after one year than Finally, the introduction advocates that ■ About one-third of all drivers oﬀenders with two prior convictions; judges secure some form of assessment arrested or convicted of DWI have a and another study has shown that of oﬀenders before they choose the previous DWI conviction.
each prior DWI conviction increases sanctions to be imposed. an oﬀender's recidivism rate by 10 ■ Drivers with prior DWI convictions percent per year (p. 21).
Repeat DWI Offenders: are over-represented in fatal crashes ■ When asked why they continue to and have a greater relative risk of involvement in a fatal crash.
drink and drive, the most common The grave consequences of driving reason given by repeat oﬀenders is ■ Many second- and third-time while intoxicated (DWI) have been DWI oﬀenders who had their that they thought they were "OK to documented by research commissioned licenses suspended committed traﬃc drive," followed by statements such by the National Highway Traﬃc Safety oﬀenses or were involved in crashes as they just did not think about it, Administration, which notes in Traﬃc during the suspension period. In they lacked control over themselves Safety Facts—Repeat Intoxicated Driver one study, 32 percent of suspended after drinking, there was no one Laws (April 2004) that: second-time DWI oﬀenders and 61 available to drive for them, and it would be OK if they were careful. ■ Motor vehicle crashes are the leading percent of third-time oﬀenders were cause of death for Americans age cited for traﬃc violations during The percentage of oﬀenders surveyed 2 through 33, and motor vehicle their suspensions.
who indicated that they planned to crash injuries are a major health drink when they knew they would care problem in the United States. be driving afterward increased Alcohol-related crashes are a with the number of prior DWI substantial part of this problem.
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convictions: 6 percent with one prior patterns as problematic, but not sult in diﬀ erent reactions to similar planned to drink; 18 percent with their driving after drinking behavior; situations. Conversations during two priors planned to drink; and 31 the interviews conﬁ rmed that habits ■ While arrests and sanctions had percent with three or more priors an impact, DWI behavior often and patterns are diﬃ cult to change planned to drink (pp. 22-23).
returned after some period of time; without the desire to change, without taking responsibility for personal ac- e report notes that because repeat ■ A majority of individuals with oﬀ enders "are such experienced tions, and often without help seek- revoked or suspended licenses drinkers, they very often believe they ing alternatives to committing the drove anyway, and said they drove are quite capable of driving after problem behavior. While individuals very carefully so they would not be drinking and do so knowing that they cannot be forced to acknowledge the may be rearrested for DWI" (p. 26).
existence of problems in their life- ■ A large percentage of participants styles, which could very likely result ■ Repeat oﬀ enders are predominantly did not believe they were in future damaging consequences, male and typically are under age 40, endangering themselves or others they can be forced by courts to at white, low income, unmarried, not at the time of their DWI oﬀ ense least examine the behaviors and college-educated, and are employed because they believed they were able events which brought them into the in non-white-collar occupations. legal process (p. vii).
Th eir BAC at arrest generally is slightly higher than that of ﬁ rst- ■ Although participants had a Federal Sentencing oﬀ enders, and they commonly suﬀ er strong fear of jail, many said jail Requirements for Repeat from alcohol dependency. Th ey are alone would not alter their future more likely than ﬁ rst-oﬀ enders to have personality and psychosocial Congress has addressed the problem ■ Contact with a caring or concerned problems, and to have a criminal individual (judge, probation oﬃ cer, of repeat DWI oﬀ enders in the record for other types of oﬀ enses, counselor, or therapist) was cited Transportation Equity Act for the including serious crimes against as having an impact on decisions 21st Century (TEA-21 Restoration persons and property as well as to alter DWI behavior or drinking Act), which requires States to enact other traﬃ c oﬀ enses (pp. 25-26).
laws governing second and subsequent convictions for DWI within a 5-year A NHTSA-commissioned study on Th ese observations contributed to the period. Th ese laws must require: why some individuals repeatedly drive following conclusions: while intoxicated even after being ■ Driver's license suspension for ■ No single countermeasure can be convicted of DWI, which was based on prescribed as the magic deterrent repeat impaired drivers; interviews with 182 DWI oﬀ enders, for all repeat oﬀ enders because each person's lifestyle, circumstances, and ■ All motor vehicles of repeat impaired drivers must be impounded ■ A large number of participants in personality traits are unique and re- the study described their drinking or immobilized for a speciﬁ ed period 2See "Determine Reasons for Repeat Drinking and Driving," Wiliszowski, C., et al., DOT HS 808 401, pp. vi-vii (May 1996).
Strategies for Addressing The DWI Offender during the driver's license suspension State Sentencing Laws for Effectiveness of Traditional period, or an ignition interlock Repeat DWI Offenders Sentencing Sanctions system must be installed on these in Stopping Repeat DWI motor vehicles for a speciﬁ ed period State laws generally address the after the license suspension or problem of repeat DWI oﬀ enders by: revocation is completed; ■ Imposing Licensing Sanctions:
Stopping repeat DWI oﬀ enders with Most States suspend or revoke traditional sanctions appears to be e mandatory assessment of a unlikely. For instance, research shows repeat impaired driver's degree the driver's license of repeat DWI that there are limits to the eﬀ ectiveness of alcohol abuse and referral to oﬀ enders for a longer period than of jail terms alone. Imprisonment for treatment as appropriate; and they do for ﬁ rst-time oﬀ enders.
a long period of time, absent other ■ Imposing Vehicle Sanctions: Some
e establishment of mandatory measures, has been shown to produce minimum sentences for repeat States impound or immobilize the either no signiﬁ cant impact4 or impaired drivers of not less than 5 vehicles of repeat DWI oﬀ enders, ironically, a higher number of future days of imprisonment or 30 days while other States require an accidents and convictions.5 Very of community service for a second ignition interlock system be installed brief jail terms, however, appear to be oﬀ ense, and of not less than 10 on the oﬀ ender's vehicle which eﬀ ective with ﬁ rst-time oﬀ enders but days of imprisonment or 60 days prevents the vehicle from being it is not known whether this applies to of community service for a third or started if the driver's blood alcohol repeat or hard-core oﬀ enders.6 subsequent oﬀ ense.3 concentration is above a pre-determined threshold. Th e most prevalent sanctions States that do not have such laws ■ Addressing Alcohol Abuse: Most
imposed against DWI oﬀ enders are in place will have a portion of their States require that repeat DWI incarceration, community service, ﬁ nes, Federal highway construction funds oﬀ enders be given an alcohol and license suspension. Although the redirected to other State safety activi- assessment to determine their degree threat of these sanctions has been ties. Th irty-six States have adopted all of alcohol abuse and to compel an eﬀ ective deterrent for the general of these sentencing requirements; the population, it has not always proved remaining 14 States have adopted some to be an eﬀ ective deterrent for the of these requirements.
■ Imposing Mandatory Sentencing:
Most States impose a mandatory repeat oﬀ ender. NHTSA concludes minimum imprisonment and/or that "[e]nforcement strategies that a community service sentence on deter most law-abiding citizens are repeat DWI oﬀ enders.
not as eﬀ ective with repeat oﬀ enders. 3 See 23 U.S.C.§ 164(a)(5).
4 See Joksch, H.C, "The Impact of Severe Penalties on Drinking and Driving," Washington, DC: AAA Foundation for Traffic Safety (1988) and Ross, H.L., and Klette, H.,
"Abandonment of Mandatory Jail for Impaired Drivers in Norway and Sweden," Accident Analysis and Prevention, Vol. 27, No. 2, pps. 151-157 (1995).
5 Homel, R., "Policing and Punishing the Drinking Driver: A Study of General and Specific Deterrence." New York: Springer Verlag (1988).
6 Compton, R., "Preliminary Analysis of the Effect of Tennessee's Mandatory Jail Sanction on DWI Recidivism," In: Research Notes. June. Washington, DC: National Highway Traffic Safety Administration (1986).
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As a result, despite having histories of rates for repeat DWI oﬀ enders.8 Th ese ■ Should be imposed over a suﬃ convictions and/or crashes, a majority and other promising innovative sanc- time period for meaningful behavior of repeat oﬀ enders continue to drive tions are covered in this Promising Sen- change to occur.
while impaired."7 tencing Practices Compendium.
When faced with a repeat DWI Need for Innovative Assessment of the Repeat oﬀ ender, NHTSA suggests that judges Sentencing Sanctions DWI Offender in Determining take the following steps: Due to the ever-increasing cost of in- Appropriate Sanctions ■ Properly identify the oﬀ ender as a carceration, the alcoholic tendencies repeat oﬀ ender. Require a thorough Each person convicted of DWI must exhibited by most repeat DWI of- records check. Determine the receive a proper and thorough assess- fenders, and the high recidivism rates oﬀ ender's compliance with previous ment of the nature of that person's for these oﬀ enders who have received alcohol-related problems, and of the traditional legal sanctions only, some risk factors to that person and others. ■ Evaluate the oﬀ ender for alcohol- courts have begun to use alternative Without an accurate assessment, there related problems and risk of sanctions, such as staggered sentencing, is no clear course of action. Th e need sentencing circles, ignition interlock de- for a thorough and professional assess- ■ Act swiftly to prevent further vices, electronic monitoring, the Secure ment intensiﬁ es when the court is deal- oﬀ enses, and punish the oﬀ ender Continuous Remote Alcohol Monitor ing with a repeat oﬀ ender.
using sanctions and remedies (SCRAM), and victim impact panels. appropriate for that oﬀ ender. Some courts have established DWI After considering this assessment, No single sanctioning strategy is courts, based on the drug court model, the court can formulate the most eﬀ ective for all oﬀ enders.
to address the unique problems courts appropriate sentencing plan. Th e face with respect to DWI oﬀ enders. sanctions ordered: ■ Mandate appropriate combinations Others are using cognitive behavioral of sanctions designed to produce ■ Should be based on an therapy to attempt to change oﬀ end- behavioral changes.
individualized assessment of the ers' attitudes about drinking and driv- ■ Monitor the oﬀ ender's compliance ing. Th e studies done to date indicate with sanctions.
these alternative sanctions appear to be ■ Should be based on a combination promising in reducing the recidivism of strategies; and ■ Act swiftly to correct 7 See www.nhtsa.dot.gov/people/ outreach/safesobr/ydydyl/repeatOff.html8 See infra. within each chapter.
9 See "A Guide to Sentencing DUI Offenders," NHTSA and the National Institute on Alcohol Abuse and Alcoholism (NIAAA) (1996).
Strategies for Addressing The DWI Offender Promising Sentencing Practice No. 1 By C. West Huddleston, Director, Stand-alone DWI courts and "hybrid" depending on community priorities and National Drug Court Institute (Virginia) drug courts that also serve an impaired resources, the objective of every drug and Robin Wosje, Program Attorney, driving population (DWI/drug courts) court is the same--to engage defendants Th e National Judicial Col ege (Nevada) are changing the mindset of criminal charged with drug-related oﬀ enses in justice professionals and aﬀ ecting how comprehensive, enduring programs that DWI oﬀ enders are handled. Treatment integrate adjudication, substance abuse Th is section discusses drug courts in with intensive supervision works with treatment, and close supervision. the United States; the success they this population and promises better have experienced, both by reducing long-term outcomes through decreased Drug courts are part of an innovative recidivism and costs; and how these recidivism. While the eﬃ cacy of DWI judicial model in which oﬀ enders are courts can serve as models for DWI courts has been established, additional held accountable for their actions, but courts. It is recognized that many studies are currently underway to better are aﬀ orded the tools they need to jurisdictions may not have the resources deﬁ ne their eﬀ ectiveness.
break the patterns of drug abuse that to fund separate DWI courts. However, damage their lives, as well as the lives if a drug court is in existence, at a Establishment of Drug Courts of others. Th e major goals of most minimum, DWI oﬀ enders should be For more than a decade, a "quiet drug courts have been established eligible to participate in the drug court revolution" has occurred within the with the beneﬁ t of both oﬀ enders and program. Jurisdictions should also criminal justice system. Dade County, their communities in mind. Typically, consider the ultimate cost savings they Florida, established the ﬁ rst drug court the goals are: (1) to reduce drug use can experience with the implementation in the United States. Today, there and associated criminal behavior by of drug courts and DWI courts. Ideally, are more than 1,10010 drug courts engaging and retaining drug-involved separate DWI courts should be the across the country, with hundreds oﬀ enders in treatment services; (2) goal of the courts for the reasons more in the planning stage. Although to concentrate expertise about drug discussed below.
program speciﬁ cs and populations vary cases in a single courtroom; (3) to 10 See Huddleston, C. West, et al., "Painting the Current Picture: A National Report Card on Drug Courts and Other Problem Solving Court Programs in the United States," Vol. I, No. 1, National Drug Court Institute (May 2004).
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address other defendant needs through Other researchers have similarly In 2000 a Vera Institute of Justice clinical assessment and eﬀ ective case concluded that "we know that drug report found that "the body of lit- management; and (4) to remove drug courts out-perform virtually all other erature on recidivism is now strong cases from traditional courtrooms, strategies that have been attempted for enough, despite lingering methodologi- freeing these courts to adjudicate non- drug-involved oﬀ enders."12 cal weaknesses, to conclude that com- pleting a drug court program reduces Perhaps the most important ﬁ nding the likelihood of future arrest."15 Success of Drug Courts is that oﬀ enders who become part of Today, there is substantial evidence a drug court program are succeeding Using Drug Courts as a Model drug courts are achieving what they on completion of the program. set out to do. In reviewing some 120 Comparisons with other groups reveal If drug court programs can reduce evaluations of drug courts located much higher retention rates in the recidivism among the populations they throughout the nation, the National program, and lower recidivism and now serve, could the drug court model, Center on Addiction and Substance drug-use rates after the program ends, applied to a wider network of oﬀ end- Abuse at Columbia University for drug court participants.13 ers, have an even greater impact on Th e most substantial and compelling crime rates? More speciﬁ cally, could the ■ Drug courts provide the most national study of drug courts to date drug court model work for hardcore comprehensive and eﬀ ective control was commissioned by the National repeat DWI oﬀ enders? of drug-using oﬀ enders' criminality Institute of Justice and released and drug usage while under the in 2003. Th is study tracked 2,020 To date, it has generally been left to the court's supervision. Drug courts graduates of 95 drug courts in 1999 traditional courts and criminal justice provide closer, more comprehensive and 2000 to establish a benchmark system to deal with DWI cases, and it supervision and much more frequent national aggregate recidivism rate. It has become clear that the traditional drug testing and monitoring during found that only 16.4 percent of drug process is not working for repeat DWI the program than other forms of court graduates were re-arrested and oﬀ enders. Punishment, unaccompanied community supervision. More charged with a serious oﬀ ense after by treatment and accountability, is an importantly, drug use and criminal one year and only 27.5 percent were ineﬀ ective deterrent for the repeat DWI behavior are substantially reduced re-arrested and charged with a serious oﬀ ender. Th e outcome for the oﬀ ender while oﬀ enders are participating in oﬀ ense after two years.
is continued dependence on alcohol; for 14 (Th e NIJ study was not a comparative study but a the community, continued peril. study to establish a "benchmark national aggregate recidivism rate.") 11 See Belenko, Steven R., "Research on Drug Courts: A Critical Review," Th e National Center on Addiction and Substance Abuse, Columbia University (1998).
12 See Marlowe, Douglas B., et al., "A Sober Assessment of Drug Courts," Federal Sentencing Reporter, Vol. 16, pp. 113-128 (October 2003).
13 See Belenko, supra.
14 See Roman, John et al., "National Estimates of Drug Court Recidivism Rates," National Institute of Justice, U.S. Department of Justice ( July 2003).
15 See Fluellen, Reginald & Trone, Jennifer, "Issues in Brief: Do Drug Courts Save Jail and Prison Beds?", Vera Institute of Justice (May 2000).
Strategies for Addressing The DWI Offender A new strategy for ﬁ ghting repeat is usually accountable to the DWI Th e missions, objectives, and operations impaired driving now exists, however, court judge who heads the team. of a drug court that exclusively targets based on the proven drug court model. Th e DWI court team uses a team- illicit drug abusers, a stand-alone Th ese "DWI courts" and "DWI/drug oriented approach to systematically DWI court that targets alcohol or courts" hold oﬀ enders to a high level change an oﬀ ender's behavior. Th is other substance impaired drivers, and of accountability while providing them approach includes identiﬁ cation a hybrid type of DWI/drug court with long-term, intensive treatment and and referral of oﬀ enders early in the that targets a mix of DWI oﬀ enders compliance monitoring. Currently, there legal process to a full continuum of and illicit drug abusers are nearly are more than 58 stand-alone DWI drug or alcohol treatment and other interchangeable. All are part of the drug courts nationwide, with an additional rehabilitative services. Due to the court model. Th e structure of the three 30 in the planning stage. In addition, public safety concerns with the DWI types of treatment courts is also similar. there are some 32 hybrid DWI/drug oﬀ ender population, DWI courts Th e advantage of establishing a stand- courts nationwide which are primarily are typically post-plea in structure alone DWI court, however, is that it drug courts that also target DWI and require a conviction and in many allows for the development of a more oﬀ enders. Providing system oversight cases, incarceration before entering the specialized treatment focus and a more and system accountability, DWI courts program. Th e post-plea model allows case-manageable network of relevant and DWI/drug courts monitor the for better community supervision and supportive community resources. justice and treatment system, as well as during the program and prosecutorial the oﬀ ender.
leverage in the event the participant Beneﬁ ts of DWI Courts fails to successfully comply or complete DWI courts shine a spotlight on Objectives and Operation the program. In the event of program the triggers and consequences of failure, the participant would face non-responsible alcohol and drug certain incarceration. DWI courts are distinct court systems intake. Th ey embrace the community dedicated to changing the behavior of of victims of DWI incidents and Compliance with treatment and alcohol and drug dependent oﬀ enders encourage the fair and sensitive other court-mandated requirements arrested for DWI. Th e goal of these inclusion of victim advocates in the is veriﬁ ed by frequent alcohol or drug courts is to protect public safety by treatment process. Most importantly testing, close community supervision, attacking the root cause of DWI: perhaps, they serve as a potential and interaction with the judge in alcohol and other drug abuse. unifying hub for the many agencies and non-adversarial court review hearings. organizations that have been part of During these review hearings, the DWI Courts use all criminal justice piecemeal attempts to ﬁ ll the gaps in judge employs a science-based response stakeholders (prosecutors, defense the impaired driver control system.
to participant compliance (or non- attorneys, probation oﬃ cers, law compliance) in an eﬀ ort to further the enforcement agencies, and others), DWI courts can and should serve as team's goal of encouraging pro-social, along with alcohol and drug treatment a unifying venue of accountability for sober behaviors that will prevent DWI professionals. Th ese individuals the repeat DWI oﬀ ender. By joining comprise a "DWI court team," which with State motor vehicle departments, 16 See Loeﬄ er, Michael & C. West Huddleston, "DWI/Drug Court Planning Initiative Training Curricula," National Drug Court Institute (November 2003).
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governors' oﬃ ces of highway/traﬃ c Accordingly, if treatment is to fulﬁ ll providing the necessary structure to safety, State and local law enforcement its considerable promise as a key ensure that a DWI oﬀ ender remains in agencies, NHTSA, Mothers Against component of DWI reduction policy, treatment long enough for beneﬁ ts to Drunk Driving (MADD), and other DWI oﬀ enders not only must enter be realized.
crash prevention and victim support treatment, but also must remain in groups, DWI courts can strengthen treatment and complete the program. Monitoring Success of the justice system's response to repeat If they are to do so, most will need impaired driving.
incentives that may be characterized as "coercive." In the context of Evaluation studies are vital in A DWI court's coercive power is treatment, the term "coercion"--used sustaining DWI court programs. the key to admitting DWI oﬀ enders interchangeably with "compulsory Systems should conduct outcome into treatment quickly and for a treatment," "mandated treatment," evaluation studies to demonstrate period of time that is long enough to "involuntary treatment," and "legal the eﬀ ect of DWI courts on the make a diﬀ erence. Th is proposition pressure into treatment"--refers to an community, to assess relative costs, to is unequivocally supported by the array of strategies that shape behavior assess program benchmarks, and to empirical data on substance abuse by responding to speciﬁ c actions with maintain or seek funding. treatment programs.17 Data consistently external pressure and predictable show that treatment, when completed, consequences. Evidence shows Examples of DWI Courts is eﬀ ective. However, if given a choice, those substance abusers who receive A number of DWI courts have been most drug addicts and alcohol abusers treatment through court orders or operating for several years. Th eir will not enter a treatment program employer mandates beneﬁ t as much as, experience may be helpful to other voluntarily. In addition, those who and sometimes more than, those who courts that are considering establishing enter programs voluntarily rarely enter treatment voluntarily.19 complete them. About half drop out in the ﬁ rst three months, and 80 to 90 A DWI court is the best vehicle ■ Anchorage Wellness Court
percent leave by the end of the ﬁ rst year. within the criminal justice system for (Anchorage, Alaska) was established Among these dropouts, relapse within a expediting the time interval between in 1999 as a therapeutic court for year is the norm.18 arrest and entry into treatment, and for alcoholic misdemeanor defendants. 17 See Simpson, D.D., & Curry, S.J. (Eds.), "Special Issue: Drug Abuse Treatment Outcome Study," Psychology of Addictive Behaviors, Vol. 11 (1997); Simpson, D.D., & Sells, S.B. "Eﬀ ectiveness of Treatment for Drug Abuse: An Overview of the DARP Research Program," Advances in Alcohol and Substance Abuse, Vol. 2, pp. 7-29 (1983); Hubbard, R.L., et al., "Drug Abuse Treatment: A National Study of Eﬀ ectiveness," University of North Carolina Press (1989); Center for Substance Abuse Treat ment, "National Treatment Improvement Evaluation Study, Preliminary Report: Persistent Eﬀ ects of Substance Abuse Treatment – One Year Later," Substance Abuse and Mental Health Services Administration, U.S. Department of Health & Human Services (1996).
18 See Stark, M.J., "Dropping Out of Substance Abuse Treatment: A Clinically Oriented Review," Clinical Psychological Review, Vol. 12, at p. 93 (1992), as cited in Marlowe, Douglas B., et al., "A Sober Assessment of Drug Courts," Federal Sentencing Reporter, Vol. 16, No. 1, pp. 113-128 (2003); Satel, Sally L., "Drug Treatment: Th e Case for Coercion," American Enterprise Institute Press (1999).
19 See Huddleston, C. West, "Th e Promise of Drug Courts: Th e Philosophy and History," National Drug Court Institute Training Presentation (2000); Breckenridge, J.F., et al., "Drunk Drivers, DWI "Drug Court" Treatment, and Recidivism: Who Fails?" Justice Research and Policy, Vol. 2, No. 1, pp. 87-105 (2000); Satel, Sally L., "Drug Treatment: Th e Case for Coercion," American Enterprise Institute Press (1999); "DWI/Drug Courts: Deﬁ ning a National Strategy," National Drug Court Institute (March 1999).
Strategies for Addressing The DWI Offender Participants enter an 18-month Alcoholism (NIAAA), and has been sentenced to the DUI/Drug Court program under plea agreements that operating since 1998. After entering Program. Th e post-adjudication give them reduced sentences if they guilty pleas, defendants who are program operates on a team concept complete the program. During these assigned to this court must appear and involves enhanced supervision, 18 months, they must stay alcohol- in court at least once a month. At mandatory substance abuse and drug-free, be monitored for each court session, the defendant treatment, individual and group sobriety, attend treatment for their is required to enter into a contract counseling, random and frequent addiction, take naltrexone for the with the DUI court judge, which drug testing, AA and NA meetings, ﬁ rst four months, attend a cognitive details the defendant's obligations, bi-weekly appearances before the behavior group and Alcoholics including abstaining from using judge for either encouragement for Anonymous (AA) meetings, appear alcohol or drugs, obtaining positive participation (incentives) or, before the Wellness Court judge substance abuse counseling and/or if needed, reprimand or sanctions at regular intervals, be rewarded treatment, attending AA meetings, for non-compliance. DUI/Drug or sanctioned for progress, be reporting to the probation oﬃ ce, Court participants receive services employed, pay restitution, and pay and participating in a DUI victims in 5 phases of court supervised most of their treatment costs. program. Th e sentencing judge involvement. DUI/Drug Court is Nearly all of the participants are imposes a 60-day deferred jail a minimum period of 1 year and a repeat DWI oﬀ enders, with an term in addition to any mandatory maximum period not to exceed 2 average of more than three DWI incarceration term, to encourage years based on successful completion oﬀ enses. Th e rates of recidivism defendants to comply with their of all phases of the program. Except for graduates of the program are contracts. Sanctions for non- for situations of physical disabilities as follows: 0 percent for 2003 compliance with an obligation under preventing work, DUI/Drug Court graduates and 25 percent for 2001 the contract may include imposition participants shall seek, obtain, and and 2002 graduates. Th e cost of of some portion of the deferred maintain gainful employment and participation in the program is jail term, as well as community pay a fee for their participation in less than 10 percent of the cost of service, removal from the DUI the program. Presently, participant incarceration.20 In addition to the court program, and revocation of fee collections total approximately misdemeanor Anchorage Wellness probation. Th e program lasts for one 58 percent of the annual program Court, Anchorage also sustains a year. After completing the program, budget. Successful completion felony DWI court for repeat participants are placed on additional of the program meets treatment DWI oﬀ enders.
supervision probation for one year.
requirements for driver license reinstatement by the Department of ■ Maricopa County DUI Court
■ Athens DUI/Drug Court Program
(Phoenix, Arizona) is funded by (Athens, Georgia) Oﬀ enders with Motor Vehicles. Since the program's NHTSA, the U.S. Department either two DUI convictions within inception in February 2001, the of Justice (DOJ) and the National a 5-year period or with three or DUI recidivism rate for participants Institute on Alcohol Abuse and more lifetime DUI convictions are is 3 percent.
20 For further information about the Anchorage Wellness Court, see McKelvie, Alan R., "Anchorage Wellness Court Summary of Facts: 2003 Update," Justice Center, University of Alaska, Anchorage (February 14, 2004), and "Anchorage Wellness Court: 2001-2002 Summary of Facts," University of Alaska, Anchorage (April 18, 2003).
10 Promising Sentencing Practices
■ Butte County Superior Court
victim impact panels, and AA ■ Michigan Sobriety Courts treat
(Chico, California) began the meetings. Probation conditions alcohol addiction with intense ReVia project in its existing drug may include electronic monitoring, treatment and heavy court court in 1996. ReVia (naltrexone) random alcohol and drug testing, supervision, imposing incarceration is an opiate treatment that has alcohol treatment, ignition interlock as a last resort. Oﬀ enders must enter been highly eﬀ ective in reducing or devices, and the seizure of license a guilty plea, allowing the court to stopping the cravings experienced plates. NHTSA's evaluation of this incarcerate an oﬀ ender for failing by alcoholics. Th is court has found program found that oﬀ enders in to complete treatment. Participants that ReVia is a particularly eﬀ ective the program had a recidivism rate receive 36 weeks of detoxiﬁ cation, tool in aiding the recovery of that was one-half that of oﬀ enders urine and breathalyzer tests, AA repeat DWI oﬀ enders and making in another local program using counseling, and group therapy. Th ey them more receptive to treatment. minimum sentences.21 must also meet with a probation Th erefore, in appropriate cases, it oﬃ cer and an alcohol counselor once ■ Kootenai County DUI Court
has ordered repeat DWI oﬀ enders (Coeur D'Alene, Idaho) is an alcohol a week and with a sobriety court to take ReVia as part of their treatment program for persons judge once a month. Th ey may retain sentences. For further discussion, see arrested for their second DWI their driving privileges by installing Promising Sentencing Practice No. oﬀ ense within ﬁ ve years or who have an ignition interlock system at their 9, Drug Th erapy.
a BAC of 0.20 percent or higher. own expense.
■ Rockdale County, Georgia
Potential participants are screened ■ Bernalillo County DWI Court
(Conyers, Georgia) has developed a to determine the extent of their (Albuquerque, New Mexico) has program that combines traditional alcohol problems and eligibility been operating since 1997, with the and alternative sanctions that are for the program. People who are primary goal of reducing recidivism. individually tailored to the DWI accepted into the program must It is a voluntary, court-supervised oﬀ ender's needs. Th e program works sign a contract for comprehensive treatment program, which requires to ensure consistency by keeping alcohol treatment lasting a regular appearances before a DWI detailed records of the facts of each minimum of 1 year, and are placed court judge and regular contact with DWI case including the sentence on extensive probation supervision the probation oﬃ cer. Participants imposed. It includes a pre-sentence and judicial monitoring by the are required to undergo treatment, investigation by the judge who uses court. NHTSA's evaluation of this participate in mandatory drug a database created by the court. program found that only 4 percent and alcohol counseling, attend 12- Rehabilitative sanctions that may of the participants who completed step or other self-help meetings, be considered include counseling, the program were re-arrested for and submit to random drug and 21 See Jones, R.K., et al., "Problems and Solutions in DWI Enforcement Systems," NHTSA (1998).
22 See Crancer, Alfred, "An Analysis of Idaho's Kootenai County DUI Court," NHTSA Region X (December 2003).
23 For further discussion, see Guerin, P., "Evaluation of the Bernalillo County Metropolitan DWI/Drug Court," University of New Mexico Institute for Social Research, Center for Applied Research and Analysis (September 2002).
Strategies for Addressing The DWI Offender alcohol screening. Th ey are also responsible for imposing sanctions; required to attend a victim impact however, any team member may panel and to complete a speciﬁ ed recommend sanctions. Th e judge number of hours of community readily responds to relapse or service. A participant who violates other violations with immediate any conditions of the program is sanctions, including increased sanctioned by a DWI court judge frequency of status hearings, as soon as possible. Sanctions may increased frequency of alcohol include incarceration.23 or drug screening, increased case management appointments in ■ Rappahannock Area Alcohol
Safety Action Program
the RAASAP oﬃ ce, increased (RAASAP) DUI Recidivism
treatment attendance, referral to Court (Virginia) is a cooperative
the ignition interlock program, eﬀ ort that includes the judge, removal of driving privileges, curfew, prosecutor, defense counsel, community service, or jail.24 treatment professionals, and RAASAP case manager. Th is team reviews the progress of each oﬀ ender in the program. Frequent status hearings are conducted. Th e DUI court judge is 24 For further information about speciﬁ c DWI/drug courts, see the DUI Courts Web site (www.aca-usa.org/duicourts/home.htm), "Specialized and Problem-Solving Courts – Trends in 2002: DUI Courts," Keith, Ann L., National Center for State Courts (2002), and "DWI/Drug Courts: Deﬁ ning a National Strategy," Appendix A: Advisory Panel Jurisdictions, National Drug Court Institute (March 1999).
10 Promising Sentencing Practices
GUIDING PRINCIPLES FOR DWI COURTS Determine The Population history. In addition, intake staﬀ Develop A Treatment Model A DWI court primarily focuses may administer a brief screening When developing the treatment model, on repeat oﬀ enders charged with instrument to conﬁ rm the individual there are several factors that the DWI driving while impaired by alcohol has a substance abuse problem and court team must consider. Th e team or illicit drugs and who have been is potentially suitable for substance should: (1) rely on the expertise of diagnosed with a serious alcohol abuse treatment. Th is, however, is treatment and mental health experts; and/or illicit drug problem. Special only the ﬁ rst step in conducting a (2) provide cross-training for all DWI emphasis is placed on the previously clinically competent assessment of court team members on substance convicted DWI oﬀ ender whose fear the impaired-driving oﬀ ender. abuse, treatment, co-occurring of prosecution has proven to be an ■ Eﬀ ective treatment requires that disorders and the criminal justice ineﬀ ective deterrent to continued the oﬀ ender undergo a thorough system; (3) address cultural diﬀ erences drunk driving. A systematic DWI clinical assessment to identify when sentencing oﬀ enders to treatment oﬀ ender referral process ensures that relevant impairments and strengths programs; (4) incorporate evidence- potentially eligible participants are not in multiple biopsychosocial domains. based treatment practices; (5) provide inadvertently or inappropriately denied An objective clinical assessment greater availability to other intervention the opportunity for participation. should be administered to all DWI strategies (e.g., 12-step programs, Th e eligibility screening process court clients, and should address the victim impact panels, community will eliminate from the pool of following domains: (1) severity of service, aftercare); (6) address cross- potentially eligible participants those alcohol use/abuse; (2) level of care addiction to prescribed medications; oﬀ enders who are not appropriate needed and placement in treatment; and (7) provide specialized cognitive- for the program. For those who are (3) drug use involvement; (4) medial behavioral treatment modalities, still potentially eligible after a review status; (5) psychiatric status; (6) residential/in-patient resources, and of information contained in legal employment and ﬁ nancial status; documents, a face-to-face screening (7) family and social status; (8) interview is absolutely necessary.
alcohol triggers and cognitions; Supervise The Offender and (9) self-eﬃ cacy and motivation Th ere are unique characteristics Provide A Clinical Assessment for change. If the evaluator cannot attributable to those who drive while e determination of whether characterize a client's needs, impaired by alcohol and other drugs. an intoxicated driver is eligible strengths, and resources along each Alcoholics or alcohol abusers, unlike for DWI/drug court is typically of these dimensions, then he or she users of illicit drugs, may not have based on legal criteria related to will have considerable diﬃ culty lost the support of their families and that individual's current impaired- developing a clinically competent friends, and in many cases may still driving charges and recidivism treatment plan for that individual.
have some semblance of functional Strategies for Addressing The DWI Offender lifestyles. Similarly, while involvement and certainly necessary within the program, ideally will have extensive with the court may be considered general drug court model, they are experience handling DWI cases. inconvenient or embarrassing, the perhaps most important in the DWI An experienced judge with a strong alcoholic's family and friends may court setting in which public safety is at and positive reputation in the legal enable the alcoholic to continue to great risk. Partnerships fulﬁ ll two main community will be in the best position drink by covering up or denying the purposes: (1) they increase services to forge the kinds of partnerships problem. As a result, the DWI oﬀ ender for program participants, thereby necessary to develop and implement is often in a greater state of denial than increasing the likelihood of their long- a successful DWI court. Th e judge other addicts and is therefore more term success; and (2) they gain the must also possess the leadership skills resistant to the goals of the DWI court support and understanding of agencies and motivational energy necessary to team and speciﬁ cally to supervision and organizations that might otherwise enlist the assistance and cooperation eﬀ orts. Th e oﬀ ender who drives while be opposed to DWI courts. Groups of the various entities that have a stake impaired is extraordinarily dangerous; that can assist with support or services in the issue of DWI. Th e DWI court this coupled with the quick dissipation include chambers of commerce, law judge should be a person who tempers of alcohol from a person's biological enforcement agencies, victim advocacy his or her judicial authority in a system makes increased supervision groups such as MADD, service clubs manner that encourages teamwork and a necessity. Public safety remains the and organizations, media organizations, empowers others to contribute to the paramount concern, and therefore more defense attorneys and public defenders, team process. Finally, the DWI court frequent monitoring by the court, the other attorneys, insurance companies, judge must possess a heartfelt deep probation department, and treatment treatment groups, 12-step programs, commitment to and strong personal providers must occur. Since there is a alcoholic beverage control agencies, belief that only by ﬁ rst addressing the potential for a greater level of danger to departments of motor vehicles, schools underlying problem of substance abuse, the public, supervision must be tighter, and colleges, hospitals and medical does there come an ability to stop and the response to violations must clinics, faith-based and cultural future incidences of impaired driving. be faster and stricter. Th is supervision organizations, and local pharmacies and Th is will require the judge to expand may be accomplished through technical pharmaceutical groups. his or her role and delve into the lives of innovation, random and frequent drug those who stand before the bench. and alcohol testing, home and other ﬁ eld visits, oﬃ ce contacts, and weekly Develop Case Management judicial review.
DWI courts require courageous judges who are committed to solving Forge Agency, Organization, Case management--the series of inter- the revolving door of the courts. Th e and Community Partnerships related functions that provide for a judge who endeavors to implement coordinated team strategy and seamless While partnerships are the cornerstone a DWI court, or who is assigned the collaboration across the treatment of any eﬀ ective collaborative program task of being the judge in an existing and justice systems--is essential for an 10 Promising Sentencing Practices
integrated and eﬀ ective DWI court. alternative means of transportation ■ Data on the process and outcome Th ere are ﬁ ve core functions of case such as public transportation, taxi measures must be compiled, management in DWI courts. Th ey service, bicycle loan programs, bike analyzed and reported on regular are: (1) assessment; (2) planning; trails, and so on. Some programs obtain intervals to the team and community (3) linking; (4) monitoring; and (5) donated bus passes or tokens, and these advocacy. Although various members are distributed to program participants. of the DWI court team share the Create A Sustainable Program performance of these functions, a Evaluate The Program Sustainability is the last and most specially designated team member ■ Many individuals and groups have important guiding principle of DWI should serve as the person primarily a vested interest in the eﬀ ectiveness courts. Th ere are several ways to ensure responsible for coordinating the of the DWI court's programs. Th ey sustainability and to obtain funding for development and pursuit of participant include the public, victims impact a DWI court: (1) direct donors (e.g., case plans, linking participants to groups, local law enforcement computer companies, drug companies, resources, and monitoring participant agencies, advocacy groups, health the insurance industry, or the automo- and service provider performance. care industry, local funding sources bile industry); (2) participant contribu- such as county commissions and tions; (3) public entities (e.g., one-time Address Transportation Issues local planning councils, State grants, grants that ﬂ ow through other Perhaps the most unique aspect that funding sources, and the courts. In organizations, or endowments); (4) diﬀ erentiates DWI courts from drug addition, evaluation of the DWI State funding (e.g., State authorization, courts is the issue of transportation. court's program is essential to assess legislation and appropriation, general Defendants in DWI courts face the whether the program is meeting its fund or excise liquor taxes or State- suspension or revocation of their benchmarks (e.g. target population, regulated liquor outlets), State agencies privileges to drive as a direct result of timelines, completion rates, etc.). A (e.g., the department of health, mental their arrests. DWI courts must insist DWI court must establish a number health, Governors' Oﬃ ce of High- that defendants adhere to any and all of process and outcome measures way/Traﬃ c Safety), and local agencies restrictions on their driving privileges and determine the best way to (e.g., city councils, county commissions, and should impose sanctions on collect the necessary data before boards of health, housing agencies, or them for violating those restrictions. the court becomes operational. law enforcement agencies). Th e best DWI court defendants should not be Measures should include: (1) way to approach this issue is to research allowed to use lack of transportation sobriety; (2) re-arrest/post-program other DWI courts to learn how they as an excuse for not meeting the recidivism; (3) program capacity; have obtained funding and achieved court's program requirements. Courts (4) target population; (5) services long-term sustainability. Ultimately, the should deal directly with defendants provided versus accessed; (6) court success of each DWI court is based on on the issue of transportation. Some requirements versus compliance; and the resources in its own community, jurisdictions have good access to (7) retention.
coupled with its ability to ﬁ nd addition-al resources or funding as needed.
Strategies for Addressing The DWI Offender Promising Sentencing Practice No. 2 STAGGERED SENTENCING By Judge James E. Dehn (Minnesota) Magazine,25 and has been analyzed these studies are promising, more by Hamline University Law School.26 studies need to be conducted to assess Based on a detailed review of the the eﬀ ectiveness of this promising Courts lacking the ﬁ nancial program by the Minnesota Legislature resources or system cooperation House Research Department, which What Is Staggered to develop a DWI/drug court (see noted its eﬀ ectiveness,27 the Minnesota Promising Sentencing Practice No. legislature codiﬁ ed staggered sentencing 1) may consider staggered sentencing. into statutory law in 2003.28 Staggered sentencing consists of four Staggered sentencing is a proven, low- cost, judge-driven program, devised Research shows that Minnesota 1. A Staggered Incarceration Period
by Minnesota Judge James E. Dehn oﬀ enders who are given staggered Generally, when a court convicts (a rural judge who sits in multiple sentences are re-arrested for DWI at an oﬀ ender of a repeat DWI and Minnesota counties), to reduce only 50 percent of the rate that would sentences the oﬀ ender to a period of recidivism by repeat DWI oﬀ enders. be expected based on the recidivism rates of comparable DWI oﬀ enders incarceration, the court orders that the Staggered sentencing in DWI cases sentenced by all other Minnesota incarceration period is to begin on a has been used by judges in Minnesota courts. Th e program also has resulted given date and is to run continuously for several years. Th is program in 66 percent less incarceration time until it is completed. With staggered received the 2003 Robert Chapman for the great majority of oﬀ enders who sentencing, the court places the Award from the Foundation for the successfully comply with the program's oﬀ ender on probation for a speciﬁ ed Improvement of Justice. It has also conditions of release, thereby resulting time period, and orders a period of received critical review from Time in considerable jail cost savings. While incarceration to be served in two or 25 April 29, 2002, Notebook.
26 See Carlisle, A., "Staggered Sentencing for Repeat DWI Oﬀ enders: A New Weapon in the War Against Drunk Driving," Hamline Journal of Public Law & Policy, Vol. 25, No. 1, pp. 87-113 (Fall 2003).
27 See www.house.leg.state.mn.us/hrd/issinfo/crime.htm.
28 See Minn. Stat. § 169A.275.
10 Promising Sentencing Practices
more installments occurring during the consequences for program failures unit, connected to the phone line. A probation period. Th ese installments – the court informs oﬀ enders that their positive test for alcohol usage or a failure are spaced several months to one year successes will allow the court to give to test at a designated time constitutes apart. Th e oﬀ ender must serve the ﬁ rst the oﬀ enders additional control over a probation violation, and requires incarceration segment immediately or their lives. Under staggered sentencing, the oﬀ ender to be brought before the soon after the sentencing date, and is oﬀ enders retain the responsibility for sentencing judge immediately. advised by the court of the dates on achieving the conditions of probation, which the oﬀ ender must begin serving scheduling court motion hearings, Th e staggered sentencing model subsequent incarceration segments.29 and convincing the court that they tailors the frequency and timing of the have adopted lifestyle changes that monitoring to the oﬀ ender's speciﬁ c 2. Active Participation by the
signiﬁ cantly lessen their chances of circumstances. For example, some further recidivism.
oﬀ enders require closer monitoring If the oﬀ ender can maintain sobriety, during the Christmas and New An oﬀ ender who does not ﬁ le the as shown through input from the Year's holiday period; others require required motion requesting a hearing oﬀ ender's probation oﬃ cer, family, closer monitoring during periods of must report to serve the next incarcera- friends, AA sponsor, and employer, the tion segment as scheduled. No hearing oﬀ ender may request a waiver of the is required. A failure to appear to serve If the oﬀ ender can maintain sobriety, next segment of incarceration by ﬁ ling an incarceration segment is a probation as shown through input from the a motion with the court a speciﬁ ed violation, which could result in the oﬀ ender's probation oﬃ cer, family, number of days before the scheduled court imposing additional sanctions. friends, AA sponsor, and employer, commencement of this segment. Th is the oﬀ ender may request a waiver motion may only be brought before the 3. Home Electronic Alcohol
of the next HEM segment by ﬁ ling sentencing judge. Th is one judge/one a motion with the court a speciﬁ ed defendant model enables the judge to number of days before the scheduled develop a consistency and rapport not At the initial sentencing hearing, the commencement of this segment. In only with the oﬀ ender, but also with court also orders Home Electronic considering the motion, the court places family members who may accompany Alcohol Monitoring (HEM), typically heavy reliance on the monitoring results.
the oﬀ ender to court.
in segments of 30 days per year. HEM is a non-house-arrest program that 4. Clearly Articulated Consequences
Th e true innovation of this program allows the oﬀ ender to carry on normal may well be the act of giving an daily activities. However, three times for Speciﬁ c Violations
oﬀ ender responsibility for altering the a day (generally, early morning, an At the initial sentencing hearing, course of future consequences. Unlike hour after work, and late at night), the traditional probation – a system under oﬀ ender must be at home to provide a which oﬀ enders receive additional breath sample into a video monitoring 29 While 23 U.S.C. §164 allows for non-continuous imprisonment, the mandatory minimum term of imprisonment must be served. Otherwise, the State risks losing Federal highway funding. Strategies for Addressing The DWI Offender the court advises the oﬀ ender of the initial results of this study suggest that (a cost savings of over $210,000), for tremendous rewards to be gained by staggered sentencing may be eﬀ ective the ﬁ rst 60 oﬀ enders in the program. sobriety but also warns of the penalties in reducing DWI recidivism. Th e study In addition, the nearly 50 percent that it will assess if the oﬀ ender fails tracked over 50,000 days of the ﬁ rst 61 reduction in recidivism translates into to remain sober or is again charged DWI oﬀ enders (tracked up to 4 years) future law enforcement, judicial, and with DWI. Th e court typically who had received staggered sentences correctional cost savings.
informs an oﬀ ender that any arrest from Judge Dehn. Th e research revealed for a new DWI violation will result that these oﬀ enders experienced 49.9 While the ﬁ ndings of the House Re- in the revocation of the oﬀ ender's percent less DWI recidivism than search Department report are prelimi- probation and immediate incarceration would otherwise be expected based nary until conﬁ rmed by further applica- for the entire period of the remaining on statewide recidivism rates for tion and analysis, they have been codi- stayed sentence. Th e court also comparable DWI oﬀ enders in the same ﬁ ed into Minnesota law.31 Minnesota typically informs the oﬀ ender that any judges are reporting the same results violation of the other conditions of that Judge Dehn has experienced. If probation – such as alcohol abstinence, In addition to the direct and indirect these ﬁ ndings are conﬁ rmed and courts completion of treatment, or payment cost savings associated with the throughout the country broadly adopt of ﬁ nes – will result in the execution reduced recidivism, the research report staggered sentencing, this could pos- of the next segment of incarceration showed a substantial direct cost savings sibly help reduce ﬁ scal burdens for local that the court has already ordered associated with reduced incarceration governments, while simultaneously en- the oﬀ ender to serve. Th is "carrot and terms. Th e research report showed hancing traﬃ c safety. Th is in turn will stick" approach has been very eﬀ ective that the court waived, on average, help alleviate pressure on State correc- for the participants, as they leave the approximately 52 days of incarceration tional budgets, by freeing up local jail courtroom with a clear message and time for oﬀ enders who were successful space. Staggered sentencing may have under staggered sentencing. At the the potential for broader application approximate per diem jail cost of with other chemically involved oﬀ end- Effectiveness of Staggered $70/day (a conservative estimate), the ers who are arrested for other types of 52 days that were waived resulted in a crimes, such as low-level drug oﬀ enders direct jail cost savings of over $3,500 Th e Minnesota Legislature House and domestic abuse oﬀ enders. Judge per successful oﬀ ender. In total, over Research Department has evaluated the Dehn has begun to extend staggered 3,000 days of jail time were waived eﬀ ectiveness of staggered sentencing in sentencing to these areas.
reducing repeat DWI oﬀ enses.30 Th e 30 See Cleary, Jim, "Controlling Repeat DWI Oﬀ enders with Staggered Sentencing," http://www.house.leg.state.mn.us/hrd/pubs/stagsent.pdf, Minnesota House of Repre- sentatives (2003). 31 See Minn. Stat. §169A.275. 10 Promising Sentencing Practices
GUIDING PRINCIPLES FOR STAGGERED SENTENCING Use A Team Approach each year to avoid confusion for motion papers must be served on Use a team-oriented approach, as defendants, probation oﬃ cers, and the prosecutor and ﬁ led with the seen in DWI/drug courts, to develop court a speciﬁ ed number of days the staggered sentencing program in before the commencement of the ■ Advise the defendant that you are your court. Invite prosecutors, defense the only judge who will hear any next incarceration or electronic counsel, probation oﬃ cers, and other motions the defendant ﬁ les.
monitoring segment.
interested parties to participate in the ■ Remind the oﬀ ender: program's development and ask them ■ Assign the case to yourself to help you identify, at the earliest (rationale: all motions and probation If the oﬀ ender is actively sober opportunity, those repeat oﬀ enders who violations will come to you).
and has the backing of the could beneﬁ t from the program. With probation oﬃ cer, then the judge INFORM THE DEFENDANT their assistance, develop guidelines to will waive the next incarceration identify these individuals.
■ During the sentencing hearing, give or electronic monitoring segment.
the oﬀ ender a "Staggered Sentence If the oﬀ ender commits an Packet," which contains a form for a additional DWI oﬀ ense during motion and instructions requesting the probation period, then the ■ Break the sentence and electronic a waiver of an incarceration or monitoring into separate time oﬀ ender will serve the entire electronic monitoring segment. segments. Use the same dates period of incarceration.
Instruct the oﬀ ender that any ■ Encourage the oﬀ ender in his or her Strategies for Addressing The DWI Offender Promising Sentencing Practice No. 3 SENTENCING CIRCLES By Judge Gary Schurrer (Minnesota) What Are Sentencing Circles? restorative process because it requires Circles are an old way of communicat- the oﬀ ender to make reparation to ing, resolving conﬂ icts, and aﬀ ecting the victim and to others harmed by Th is section deﬁ nes what a sentencing changes. In ancient cultures, groups the oﬀ ending behavior, including the circle is, and discusses how these circles used this process to make decisions. community. It also expects oﬀ enders to work, how circles can be powerful tools, Circles have been used in recent times restore themselves by addressing those and how justice systems can use circles in Native American and aboriginal personal issues that contributed to the to assist in the rehabilitation of repeat cultures. Circles rely on consensus- oﬀ ending behavior, such as alcohol DWI oﬀ enders. based decision-making in which all abuse or drug addiction. Th e purpose participants are equal, and titles, rank, of sentencing circles is to recognize the Th e discussion in this section is based and power are ignored. Circles get their needs of victims of crime, secure the on the author's experiences in Washing- name from the fact that meetings are participation of the community, and ton County, Minnesota. In Minnesota, conducted by people sitting in a circular identify the rehabilitative needs of the sentencing circles are authorized by fashion, which further reinforces the oﬀ ender. Th ese circles provide a forum statute,32 and their use has been up- idea of equality. for all persons aﬀ ected by the oﬀ ending held by the Minnesota State Supreme behavior, including victims and family Court.33 While these anecdotal experi- Sentencing circles are a part of members, as well as a forum for those ences appear promising, additional em- the restorative justice concept that community members who, while not pirical studies need to be conducted to attempts to heal the harm caused by directly aﬀ ected by the oﬀ ense, are establish the wide-spread eﬀ ectiveness crime and other conﬂ icts within a generally concerned about safety in of sentencing circles.
community. A sentencing circle is a their community. 32 Minn. Stat. § 611A.775.
33 See State v. Pearson, 637 N.W.2d 571 (2002).
10 Promising Sentencing Practices
Sentencing circles are premised on A talking piece controls the discussion Some believe that the power of the three principles: (1) that a criminal in a circle. In Native American circle comes from the fact that the oﬀ ense constitutes a breach of the rela- traditions, the talking piece was usually circle participants care about the tionship between the oﬀ ender and the an eagle feather connecting the spiritual other participants, and this supportive victim, and between the oﬀ ender and nature of life to the issues discussed environment allows for these the community; (2) that the stability by the circle participants. Th e circle revelations. Th is power aﬀ ects change of the community depends on healing requires the holder of the eagle feather in the participants. Th e willingness to these breaches; and (3) that the com- to be truthful and the listeners to be be there for all involved is accomplished munity is in a better position than the respectful by listening carefully to without compensation or salary. A court to address the causes of crime, what the holder says. In today's circles, common rule is that "what is said which are often rooted in the economic each community chooses a talking in the circle stays in the circle." Th is or social fabric of the community. A piece that is meaningful to it. Only sense of conﬁ dentiality also creates sentencing circle is a community-di- the person holding the talking piece a safe environment. Participants rected process, conducted in partner- may speak; all others must listen. Th is return to circles because they provide ship with the criminal justice system, to form of communication is diﬀ erent opportunities to witness the institution develop a consensus on an appropriate from informal methods of discussion of values and a sense of spirituality into sentencing plan that addresses the con- that involve talking back and forth, the participants' lives. cerns of all interested parties.
which can lead to a greater emphasis on talking rather than listening. Th e In a sentencing circle, the oﬀ ender, Sentencing circles have been used for talking piece is passed from person to without defense counsel to act as a many years in Australia, Canada, and person, and each is allowed to speak buﬀ er and to speak on the oﬀ ender's New Zealand. Th eir use in the United and to say what the person wishes to behalf, must directly address the victim States is still fairly new.
say. Consequently, when participating and other community members of the circle and explain his or her actions. Use of sentencing circles is not in a circle, most of the time is spent In the circle, the oﬀ ender will also appropriate in all cases, but has been listening, not talking.
hear directly about the pain and fear proved eﬀ ective in cases involving experienced by the victim and the motivated oﬀ enders who have the The Power of Circles disappointment of the community. support of their communities.34 One intriguing aspect of the circle is While expressions of remorse in a the common outpouring of private, formal court setting often sound hollow personal, and usually emotional and insincere, the remorse expressed in Th e goal of the circle is to develop a information. It is common for a a circle is often emotional and includes consensus. Th us, participants do not person who has never told anyone a genuine apology.
direct their remarks to a circle "leader," anything personal to share very but instead direct their remarks to the personal information in the circle. It A sentencing circle allows the oﬀ ender circle as a whole.
is not entirely clear why this occurs. to participate in shaping the sentencing 34 As stated supra., empirical studies have not established the eﬀ ectiveness of sentencing circles in relation to DWI oﬀ enders speciﬁ cally. Nevertheless, there are other factors to consider in determining whether this approach should be used (e.g., community involvement, victim and oﬀ ender satisfaction with the process, and costs savings assuming similar recidivism rates with traditional methods).
Strategies for Addressing The DWI Offender plan, thereby taking back a measure oﬀ enders and victims lauded the ap- circle process and agree to participate in of control over his or her life. It also proach, some criminal justice decision- circles, accepting referrals of oﬀ enders gives the oﬀ ender the opportunity to makers found the approach to be too from the courts.
make amends to the victim, and to the time consuming and only appropriate oﬀ ender's community and family.
for minor cases and ﬁ rst time oﬀ end- Th e process begins after the oﬀ ender ers.39 With regard to recidivism, they pleads guilty to the crime charged. Th e The Impact of Circles found that "recidivism ﬁ ndings across guilty plea is evidence that oﬀ enders accept responsibility for their actions. Researchers Mark Umbreit, Robert a fair number of sites and settings sug- Oﬀ enders must also express a desire to Coates and Betty Vos performed an gest that restorative justice conferenc- change their lives by changing their be- analysis of 63 empirical studies in 5 ing approaches are at least as viable at havior patterns. Without this commit- countries to determine the impact of recidivism reduction as traditional ap- ment by the oﬀ ender, the court will not circles.35 Th ey analyzed the impact with proaches."40 Th e authors caution, how- refer the case to a sentencing circle. regard to four variables: (1) client sat- ever, that recidivism alone should not isfaction, (2) diversion, (3) recidivism, be used to determine the success of a Th e oﬀ ender must complete a written and (4) cost.36 Th ese studies did not program: "[I]f recidivism is regarded as application form and provide it to the address circles used in relationship to the most important desired outcome, it circle volunteers in the community. DWI oﬀ enses speciﬁ cally, so the reader may become the only desired outcome On receipt and review of the applica- is cautioned to take that into consid- and the ‘restorative' program may over tion, the circle arranges an application eration. With regard to client satisfac- time be stripped of those qualities that circle, attended by community circle tion (which includes impacts upon make it restorative and that contribute volunteers, the oﬀ ender, and a support victims and oﬀ enders), they found that to reduction in further oﬀ ending."41 person for the oﬀ ender. During those "[p]reliminary research eﬀ orts suggest circles, the discussions focus on the of- that talking circles, healing circles, and Using Circles in Sentencing fenders' desire to change their lives and sentencing circles have positively im- how the circle can assist in the process. pacted the lives of those who have par- How can circles be used in sentencing Th is ﬁ rst circle also initiates the oﬀ end- ticipated in them."37 Nevertheless, they DWI oﬀ enders? Community er and allows the oﬀ ender to experience found that few studies have studied the sentencing circles are comprised of the circle's rules, process, and values. impact of circles alone. Th ey examined community volunteers who wish to studies conducted in the Manitoba and deal with the problems of crime in their After the application circle, the Alberta Provinces and Yukon Territory communities by working with others. community members decide whether in Canada, and in Minnesota.38 While Th ese volunteers receive training in the to accept the case. Th e main criterion 35 See Umbreit, M., Coates, R., and Vos, B., "Th e Impact of Restorative Justice Conferencing: A Review of 63 Empirical Studies in 5 Countries," Center for Restorative Justice & Peacemaking (2002).
36 Id. at 2. 37 Id. at 6. 38 Id. at 6-7. 39 Id. at 7. 40 Id. at 15. 41 Id. at 21. 10 Promising Sentencing Practices
used in determining whether to take a compact may also require the oﬀ ender a number of circles before calling for case is whether the victim is willing to to call a circle volunteer at least once the sentencing circle after four to six allow the oﬀ ender to participate even per week so the volunteer can ascertain months. In diﬃ cult cases, the oﬀ ender though the victim may not ultimately how the oﬀ ender is doing with sobriety. and the circle volunteers can participate join the circle. A second criterion is Other requirements may also be im- in circles for nearly a year before the whether oﬀ enders manifest a serious posed, taking into account the oﬀ end- volunteers request the sentencing circle. desire to make a change in their lives. If er's unique circumstances and needs. Th e circle volunteers invite the judge, they accept the case, they will schedule prosecutor, defense attorney, oﬀ ender additional circles, sometimes once Th e primary role of the circle support person, victim (if any), and per month or sometimes every other volunteers is to listen. On occasion, the public to attend and be part of the week. In these circles, they begin the the circle volunteers may suggest to sentencing circle. In my experience, process of analyzing the factors that oﬀ enders areas in their lives that they the prosecutor and defense attorney brought the oﬀ ender into the criminal should review and change. Oﬀ enders generally waive their right to appear justice system. Th ose areas are not always play the leading role in the in the circle. At this circle, the circle merely the chemical dependency issues process of taking the steps necessary to volunteers and the oﬀ ender discuss the for a DWI oﬀ ender, but also deeper, change their lifestyles. Circle volunteers oﬀ ender's progress in changing lifestyle, underlying issues that may exist, such hold the oﬀ enders accountable for and the group dynamics do not appear as depression, anger, and familial or their actions and require them to to be aﬀ ected by any new members who relationship stress. Th e circles address follow through and abide by the join the circle. these issues as the oﬀ ender's trust level compact's terms. As the oﬀ ender with the circle volunteers grows.
proceeds through the process, the circle Th rough discussion and consensus, volunteers and the oﬀ ender will often applying the values of the circle, all par- Th e circles are value-based. Circle vol- change the compact terms to meet the ticipants of the sentencing circle work unteers agree to abide by ﬁ ve values: oﬀ ender's particular needs.
towards determining the oﬀ ender's sen- respect, humility, compassion, honesty, tence. Th e sentencing circle participants and spirituality. Th rough consensus, When all members of the circle, do not always reach consensus in the the circle enters into compacts or including the oﬀ enders, believe ﬁ rst sentencing circle. In this event, the agreements with the oﬀ ender that the the oﬀ enders have demonstrated a circle participants agree to call for an oﬀ ender will do certain things to ad- commitment to change their lifestyles additional sentencing circle. When all dress the factors that led to the oﬀ ense. and have begun to internalize the participants agree on a sentence, they For example, the compact may require values of the community, the circle will establish a formal sentence. Th e sen- that the oﬀ ender attend chemical de- schedule a sentencing circle. Th e court tence requires the oﬀ ender to continue pendency treatment and Alcoholics and the circle volunteers do not place in the circle for an established period of Anonymous meetings, and also abstain a time limit on this process. In most time and to abide by all the conditions from the use of alcohol and drugs. Th e cases, the circle volunteers engage in of the sentence before the formal sen-tencing hearing.
Strategies for Addressing The DWI Offender may still use circles to assist oﬀ enders. unused. In circles, oﬀ enders feel a Following the sentencing circle, the Instead of using circles to sentence greater accountability to community oﬀ ender returns to court, and the oﬀ enders, courts may use them to members, while the circles decrease judge formally sentences the oﬀ ender, assist oﬀ enders in transitioning from the stigmatizing eﬀ ects that occur in imposing in court the sentence that the a chemical/alcohol-using community the traditional criminal justice system. sentencing circle reached. On successful to the general community. Circles may Th e deep relationship created between completion of all the conditions of also help oﬀ enders make life-changing oﬀ enders and the community in the the sentence, the court discharges decisions that lead to value-driven lives. circle triggers a profound eﬀ ort on the oﬀ ender from probation, and Community volunteers may mentor the part of oﬀ enders to truthfully the oﬀ ender is no longer required to and provide a model for oﬀ enders, and analyze their lifestyles and to begin the participate in the circles.
ease the sometimes diﬃ cult transitions process of becoming valued community that need to occur.
In courts that use a drug court or DWI court process or when the judge wishes Th e community circle process makes it to determine the sentence, the court possible for the court to use community resources that might otherwise go 10 Promising Sentencing Practices
GUIDING PRINCIPLES FOR SENTENCING CIRCLES Involve The Community power, you are showing your conﬁ dence Train The Circle Volunteers Circles, more than other rehabilitative in the community. Being a judge with Once you have located your community justice practices, rely on strong a willingness to partner with the members and established an interest community involvement. Th e process community is the key ingredient. You in circles, your circle community is community-driven, not driven by the will act as a resource to the community needs training. Th e circle process can courts. If the community is not strongly by answering questions about the be diﬃ cult to grasp. Use established involved and committed, then circles criminal justice system and by assisting circle trainers to provide instruction. are unworkable. You must start the in determining the procedures for the A group called Washington County process with the community.
circle process.
Peacekeeping Circles in Stillwater, Create Your Own Circle Minnesota, is willing to train other Share Your Sentencing Power communities, as are other organizations As a judge, you will spend most of including Th e National Judicial College.
your time recruiting and encouraging What one community does may not community members and supporting work for another. Th e ﬂ exibility of the circles. By sharing your sentencing circles is one of their strongest beneﬁ ts. Adapt them to meet your community's needs. Strategies for Addressing The DWI Offender Promising Sentencing Practice No. 4 VEHICLE AND LICENSE PLATE SANCTIONS By Judge G. Michael Witte (Indiana) or require the installation of an ignition days for a third oﬀ ense. For a fourth interlock system on all of the oﬀ ender's or subsequent oﬀ ense, the vehicle is vehicles for some time period after the subject to forfeiture.
A convicted DWI oﬀ ender may end of the suspension. Otherwise, the Effectiveness of This Sanction be prevented from driving while State risks losing Federal funding.42 Vehicle seizure and impoundment have been eﬀ ective in reducing DWI ■ Impounding the oﬀ ender's vehicle; Twenty-seven States have laws oﬀ enses by separating oﬀ enders from authorizing the seizure and ■ Installing a "club" or parking boot to their vehicles. A study conducted immobilize the oﬀ ender's vehicle; or impoundment of the vehicles of repeat in Hamilton County, Ohio, found DWI oﬀ enders for a speciﬁ ed time that vehicle impoundment decreased ■ Impounding the license plates for period. Generally, these laws allow law the oﬀ ender's vehicle. recidivism by large percentages both enforcement to impound the vehicle during and after the impoundment being driven by an oﬀ ender at the period. For repeat oﬀ enders with one time of arrest if the vehicle is owned Th e Transportation Equity Act for prior DWI conviction, the reduction by the oﬀ ender. Th e vehicle is held in the 21st Century (TEA-21) mandates in DWI oﬀ enses was 80 percent an impound lot until an initial court that State laws regarding second and during the impoundment period and hearing to determine whether it was subsequent convictions for DWI 56 percent after the impoundment legally seized. If seized legally, the must require that all vehicles of repeat period. For repeat oﬀ enders with two vehicle may remain in impound until DWI oﬀ enders be impounded or prior DWI convictions, the reductions the conclusion of the trial. Th e length immobilized for some time period during and after the impoundment of the impoundment period is generally during the license suspension period, period were 56 percent and 58 percent, 90 days for a second oﬀ ense and 180 42 See 23 U.S.C. § 164(a)(5)(B).
43 See Voas, Robert A., et al., "Temporary Vehicle Impoundment in Ohio: A Replication and Conﬁ rmation," Accident Analysis and Prevention, Vol. 30, No. 5, pp. 651-655 (1998). 10 Promising Sentencing Practices
In California, repeat oﬀ enders whose period their vehicles were immobilized paper license plate is issued allowing vehicles were impounded had 34 by the club. Th ese oﬀ enders also had a the vehicle to be driven legally. A new percent fewer subsequent convictions lower recidivism rate after the end of metal license plate is not issued until for driving while suspended or the sanction period than other DWI the oﬀ ender's case is resolved in court.
unlicensed, 22 percent fewer traﬃ c oﬀ enders whose vehicles had not been convictions, and 38 percent fewer subject to this sanction.46 "Zebra Tagging" License crashes, as compared with another control group of repeat oﬀ enders.44 License Plate Impoundment Oregon and Washington experimented Twenty States have laws allowing A study that examined the recidivism with "zebra tag" laws intended to the license plates of a repeat DWI rate of drivers sanctioned under the deter drivers whose licenses had been oﬀ ender's vehicle to be impounded. Portland, Oregon, forfeiture ordinance suspended from driving and to allow Th is sanction has been more widely found that "perpetrators whose vehicles police oﬃ cers to readily detect these used when law enforcement authorities, were seized could reliably expect to be drivers who were continuing to drive. rather than the courts, are given the re-arrested on average half as often as Th ese laws authorized police oﬃ cers authority to conﬁ scate license plates.47 those whose vehicles were not." to place a special striped sticker over the license plate registration tag, An evaluation of Minnesota's license Club or Parking Boot and gave oﬃ cers probable cause for plate impoundment law found that stopping a vehicle bearing this sticker When impounding a repeat DWI oﬀ enders whose plates were impounded to check the license status of the driver. oﬀ ender's vehicle is impractical by the arresting oﬃ cer had one-half Th is sanction allows family members because of the cost of storage, lack of the recidivism rate compared to similar who share use of the vehicle with the available storage facilities, or for other oﬀ enders whose plates were not oﬀ ender to continue to use the vehicle.
reasons, some judges have ordered the installation of a club device on the In Oregon, zebra tagging was found steering wheel or of a parking boot as a In Michigan, the metal license plate to be eﬀ ective in decreasing the rates method of immobilizing the oﬀ ender's on the vehicle being driven by a repeat of accidents, moving violations, and vehicle. A study conducted in Franklin oﬀ ender is destroyed at the time of ar- DWI oﬀ enses by both drivers who had County, Ohio, found a recidivism rate rest, whether or not the oﬀ ender is the received zebra tags and those at risk of of 0-2 percent by oﬀ enders during the owner of the vehicle, and a temporary receiving a tag because they had sus- 44 See DeYoung, D., "Deterrent Eﬀ ect of Vehicle Impoundment on Suspended, Revoked, and Unlicensed Drivers in California," California Department of Motor Vehicles 45 See Crosby, I. B., "Portland's Asset Forfeiture Program: Th e Eﬀ ectiveness of Vehicle Seizure in Reducing Rearrest Among ‘Problem' Drunk Drivers," Reed College/ Portland Police Bureau (1995). 46 See Voas, Robert A., et al., "Temporary Vehicle Immobilization: Evaluation of a Program in Ohio," Accident Analysis and Prevention, Vol. 29, No. 5, pp. 635-642 (1997).
47 See Ross, H. Laurence, et al., "License Plate Conﬁ scation for Persistent Alcohol Impaired Drivers," Accident Analysis and Prevention, Vol. 28, No. 1, pp. 53-61 (1996).
48 See Rodgers, A., "Eﬀ ect of Minnesota's License Plate Impoundment Law on Recidivism of Multiple DWI Violators," Alcohol, Drugs, and Driving, Vol. 10, No. 2, pp. 127- Strategies for Addressing The DWI Offender pended licenses. In Washington, zebra GUIDING PRINCIPLES FOR VEHICLE AND tagging was not found to have any eﬀ ect on subsequent violations or accidents LICENSE PLATE SANCTIONS by tagged drivers. Th e diﬀ erence in re-sults may have been due to the fact that Consider Public Safety Issues or parking boot should be ordered as an the law was applied to twice as many Because many convicted DWI alternative means of immobilizing the drivers in Oregon as in Washington.49 oﬀ enders whose licenses are suspended oﬀ ender's vehicle.
Nevertheless, the Oregon and Wash- or revoked will continue to drive Consider Whether Less ington legislatures have allowed the anyway, impounding or otherwise Drastic Sanction May zebra tag laws to expire.50 immobilizing an oﬀ ender's vehicle may be considered in the interest of public Ohio recently strengthened its penalties safety to prevent the oﬀ ender from Instead of requiring impoundment of for repeat DWI oﬀ enders by, among driving while impaired.
an oﬀ ender's vehicle, consider whether other things, giving the court the requiring the installation of an ignition discretion to require a restricted license Consider Costs interlock device might be an eﬀ ective plate ("family plate") on conviction of a ﬁ rst oﬀ ense, but making the restricted Consider the oﬀ ender's ability to pay plate mandatory on second and the costs of impoundment. If ability to subsequent oﬀ enses.
pay is an issue, consider whether a club 49 See "Assessment of Impoundment and Forfeiture Laws for Drivers Convicted of DUI, Phase II Report: Evaluation of Oregon and Washington Vehicle Plate Zebra Sticker Laws," DOT HS 808 136, Final Report (April 1994). 50 See National Highway Traﬃ c Safety Administration, "Traﬃ c Safety Facts Laws: Vehicle and License Plate Sanctions," http://www.nhtsa.dot.gov/people/injury/New-fact- 51 See House Bill 163.
10 Promising Sentencing Practices
Promising Sentencing Practice No. 5 IGNITION INTERLOCK DEVICES By Judge Calvin Holden (Missouri) errands, etc.), while also serving require a breath test to start the vehicle, as a constant reminder that their but must also require a subsequent privilege to drive is contingent on "rolling or running retest" to prevent While DWI sanctions have generally their sobriety.
another person from starting the focused on punishing, rehabilitating, vehicle and then allowing an impaired ■ Given the fact that many oﬀ enders or incapacitating the drinking driver, whose licenses are suspended or driver to take over the wheel. Th e another approach to controlling the revoked will continue to drive ignition interlock system records the DWI oﬀ ender that has emerged in without a license, a deterrent to results of all breath tests, as well as all recent years is to focus on the oﬀ ender's DWI other than license suspension attempts to circumvent or tamper with vehicle as a means of inﬂ uencing the or revocation is necessary to protect oﬀ ender. One of these approaches, public safety.
which has proven to be eﬀ ective, is the ignition interlock device.
What Is An Ignition Th e TEA-21 Restoration Act supports Interlock Driver? the use of ignition interlock devices by To prevent a convicted DWI oﬀ ender An ignition interlock device consists of mandating that State laws regarding from driving while intoxicated, a breath-testing unit that is connected second and subsequent convictions for courts may require the installation to a vehicle's ignition switch. To start DWI must require that all vehicles of of an ignition interlock device on the the vehicle, the driver must blow repeat DWI oﬀ enders be impounded oﬀ ender's vehicle. Courts employ this into the unit. If the breath sample or immobilized for some time period sentencing practice because: provided by the driver contains more during the license suspension period, or require the installation of an ignition ■ Installation of the device allows than a predetermined blood alcohol interlock system on all of the oﬀ ender's DWI oﬀ enders to maintain their concentration, the ignition interlock vehicles for some time period after the responsibilities (e.g., driving to work, device prevents the vehicle from end of the suspension. Otherwise, the taking children to school, running being started. To meet the model speciﬁ cations set by NHTSA, the State risks losing Federal funding.52 ignition interlock device must not only 52 See 23 U.S.C. § 164(a)(5)(B).
10 Promising Sentencing Practices
Effectiveness Of The Device at multiple DWI oﬀ enders who Forty-three States have laws providing Th e ignition interlock device has were required to install ignition for either the discretionary or proved to be an eﬀ ective deterrent to interlock devices were less than half mandatory installation of ignition DWI because when properly installed as likely to have subsequent DWI interlock devices on the vehicles of and regularly monitored, the device is convictions within three years, as repeat DWI oﬀ enders. New Mexico, extremely diﬃ cult to circumvent. It has compared with other multiple DWI for example, requires that as a condition also proved to be an eﬀ ective deterrent oﬀ enders who were not required to of probation upon a ﬁ rst conviction when it is emphasized to the oﬀ ender install the devices.57 for aggravated driving while under that this is a lesser penalty than might at after 30 months, the recidivism the inﬂ uence of intoxicating liquor or be imposed (e.g., impounding the rate for oﬀ enders placed in an drugs,53 an oﬀ ender shall be required oﬀ ender's vehicle) and is conditioned interlock group was only 1.5 to have an ignition interlock device on the oﬀ ender's correct use of the percent, compared to 16.1 percent installed and operating for a period of device every time he or she drives. for oﬀ enders in the non-interlock one year on all motor vehicles driven by the oﬀ ender.54 Studies have shown: at a program which combined ■ A recidivism rate of 0-4 percent an ignition interlock requirement by oﬀ enders whose vehicles were with substance abuse treatment and Th e oﬀ ender is required to pay for the equipped with an ignition interlock license suspension was more eﬀ ective ignition interlock device. Th e average in preventing recidivism than any cost for installation of the device at oﬀ enders were 65 percent less is approximately $100-$150, and likely to re-oﬀ end while the device monthly monitoring and calibration is was in place than those oﬀ enders approximately $65.
who were not required to install the device.56 53 N.M. Stat. §66-8-102 (D): Aggravated driving while under the inﬂ uence of intoxicating liquor or drugs consists of a person who:(1) has an alcohol concentration of sixteen one hundredths or more in his blood or breath while driving a vehicle within this state;(2) has caused bodily injury to a human being as a result of the unlawful operation of a motor vehicle while driving under the inﬂ uence of intoxicating liquor or drugs; or(3) refused to submit to chemical testing, as provided for in the Implied Consent Act, and in the judgment of the court, based upon evidence of intoxication presented to the court, was under the inﬂ uence of intoxicating liquor or drugs.
54 N.M. Stat. §66-8-102 (N).
55 See "Th e Technology Answer to the Persistent Drinking Driver," National Commission against Drunk Driving (NCADD), http://www.ncadd.com/015.cfm.
56 See Beck, Kenneth H., et al., "Eﬀ ects of Alcohol Ignition Interlock License Restrictions on Multiple Alcohol Oﬀ enses: A Randomized Trial in Maryland," American Journal of Public Health, Vol. 89, No. 11, pp. 1696-1700 (November 1999); Coben, Jeﬀ rey, and Gregory Larkin, "Eﬀ ectiveness of Ignition Interlock Devices in Reducing Drunk Driving Recidivism," American Journal of Preventive Medicine, Vol. 16, No. 1S, pp. 81-87 (1999).
57 See Fulkerson, Andrew, "Blow and Go: Th e Breath-Analyzed Ignition Interlock Device as a Technological Response to DWI," American Journal of Drug and Alcohol Abuse," Vol. 29, pp. 219-229 (2003).
58 See More, Barbara J. and Delbert S. Elliott, "Eﬀ ects of Ignition Interlock Devices on DUI Recidivism: Findings from a Longitudinal Study in Hamilton County, Ohio," Crime & Delinquency, Vol. 38, pp. 131-141 (1992). 59 See Tashima, Helen N. and Cliﬀ ord J. Helander, "1999 Annual Report of the California DUI Management Information System," California Department of Motor Vehicles, pp. 30, 38 ( January 1999).
Strategies for Addressing The DWI Offender Other researchers have found, however, making traditional penalties, such as serve as a useful adjunct for monitoring that the deterrent eﬀ ect of the device jail or electronically monitored house oﬀ enders by alcohol counselors, as generally ends once it is removed, and arrest, the alternative to participation well as by courts and motor vehicle that the likelihood that oﬀ enders who in the interlock program. Comparison were required to install the device of the recidivism rates of oﬀ enders Barriers to Using the Device will commit a repeat DWI oﬀ ense subject to this policy with oﬀ enders following removal of the device is in similar, nearby courts, not using Judges and prosecutors who virtually the same as for those who interlocks, indicated that the policy was participated in a 2003 study conducted were not required to install the device.60 producing substantial reductions in by the California Department of Motor Research suggests that the device DWI recidivism.63 Vehicles noted three barriers that exist should remain installed until the to requiring ignition interlock devices: oﬀ ender can demonstrate an extended Using Data Recorded ■ Many oﬀ enders are unable to pay for period of sobriety.61 When combined with substance abuse counseling, there ■ Many oﬀ enders do not own a is some evidence that the deterrent Th e data recorded by the ignition eﬀ ect of the device may continue interlock device may provide beyond its removal.
information regarding the oﬀ ender's ■ Monitoring oﬀ enders ordered to particular pattern of alcohol abuse install an ignition interlock device is One court found that the practical that may be useful in attempting to time-consuming and diﬃ cult.66 eﬀ ectiveness of the device was limited change the oﬀ ender's behavior through One method of dealing with oﬀ enders because only a small number of counseling or other means (e.g., by who do not own a vehicle is to require oﬀ enders were willing to install the showing the oﬀ ender's attempts to drive them to sign a waiver stating that they device in order to be able to drive while intoxicated at a certain time of will not own or operate a vehicle that legally. Consequently, it adopted a court day or under certain circumstances).64 is not equipped with an ignition policy that created a strong incentive Some researchers have concluded that interlock device.
for oﬀ enders to install the device by interlock data may eventually come to 60 See Raub, R., et al., "Breath Alcohol Ignition Interlock Devices: Controlling the Recidivist," Traﬃ c Injury Prevention, Vol. 4, No. 3, pp. 199-205 (2003); "Alcohol Ignition Interlock Devices I: Position Paper," International Council on Alcohol, Drugs and Traﬃ c Safety (ICADTS), p. 11 ( July 2001).
61 See Raub, supra.
62 See Raub, supra.
63 See Voas, Robert A., et al., "Evaluation of a Program to Motivate Impaired Driving Oﬀ enders to Install Ignition Interlocks," Accident Analysis and Prevention, Vol. 34, No. 4, pp. 449-455 (2002).
64 See Marques, Paul R., et al., "Predicting Repeat DUI Oﬀ enses With Alcohol Interlock Recorder," Accident Analysis and Prevention, Vol. 33, No. 5, pp. 609-619 (2001); Marques, Paul R., et al., "Behavioral Monitoring of DUI Oﬀ enders with Alcohol Ignition Interlock Recorder," Addiction, Vol. 94, No. 12, pp. 1861-1870 (1999).
65 See Marques, Paul R., et al., "Behavioral Measures of Drinking: Patterns from the Alcohol Interlock Record," Addiction, Vol. 98, No. 2, pp. 13-19 (2003).
66 See DeYoung, David, "An Evaluation of the Implementation of Ignition Interlock in California," Licensing Operations Division, Research Notes—2003, http://www.dmv.
10 Promising Sentencing Practices
GUIDING PRINCIPLES FOR IGNITION INTERLOCK DEVICES Consider Public Safety Issues these requirements should be carefully the lives of the oﬀ ender and those of Because many convicted DWI explored. Although a properly installed other family members who share use oﬀ enders whose licenses are ignition interlock device is extremely of the oﬀ ender's vehicle to remain suspended or revoked will continue diﬃ cult to circumvent, an oﬀ ender who to drive anyway, an ignition interlock chooses to do so can easily circumvent at installation of the device requirement may be considered in the the court's order by driving a vehicle is a lesser penalty than might interest of public safety to prevent these that is not equipped with the device.
be imposed (e.g., impounding oﬀ enders from driving while impaired the oﬀ ender's vehicle) and that and to monitor their driving.
stronger penalties will be imposed if the oﬀ ender fails to comply with Determine Whether Conﬁ rm that the oﬀ ender can aﬀ ord the installation and monitoring the cost of installing and monitoring Defendant Is Motivated To For these reasons, it is in the oﬀ ender's DWI oﬀ enders are not all motivated to Inform The Defendant best interests to fully comply with comply with interlock restrictions and the installation and monitoring monitoring requirements. Th erefore, an ■ Th at use of the device is of beneﬁ t oﬀ ender's willingness to comply with to the oﬀ ender because it will allow Strategies for Addressing The DWI Offender Promising Sentencing Practice No. 6 ELECTRONIC MONITORING AND SCRAM By Judge Michael Barrasse sentences to be among the least What Is Electronic Monitoring? eﬀ ective sanctions for reducing the Electronic monitoring provides surveil- subsequent crash and recidivism lance of an oﬀ ender's presence within rates of convicted DUI oﬀ enders the immediate vicinity of an assigned Home detention with electronic (citations omitted). Jail is also one of area. Th ere are many types of electronic monitoring may be used as an the most expensive sanctions in the monitoring devices. Some attach to the alternative to incarceration. It is less criminal justice system. Given both wrist, others to the ankle. Some relay expensive than incarceration, and the ineﬀ ectiveness and cost of jail as a continuous signal to a computer at allows oﬀ enders to remain in their a criminal justice countermeasure, the probation oﬃ ces or manufacturer's homes, to go to work,67 and to maintain there is growing acceptance of business; others involve equipment their other responsibilities, while their the use of house arrest (electronic in addition to what is strapped to the activities are electronically monitored conﬁ nement) for nonviolent criminal oﬀ ender and require the oﬀ ender to to ensure they are complying with the oﬀ enders, including many DUI respond to random phone calls.
conditions set by the court.
oﬀ enders. . Because it is feasible for the oﬀ ender to continue to DWI oﬀ enders may be required to As noted by the California Department work during daytime hours, while have certain monitoring add-ons, such of Motor Vehicles in its annual report being conﬁ ned at night (when most as breath-testing devices. Th ese alcohol to the California legislature on the drinking and alcohol-impaired monitors enable probation oﬃ ces to eﬀ ectiveness of measures for reducing driving occurs), the oﬀ ender is often ensure that oﬀ enders are complying able to cover the cost of nighttime with court orders to abstain from monitoring, while also continuing to alcohol consumption as a condition of ■ DUI countermeasure evaluations have consistently found jail provide for family members.68 sentencing and probation. Th ey test 67 Judges should be conscious of the requirements of 23 U.S.C. §164 which requires a mandatory minimum sentence of imprisonment for repeat DWI oﬀ enders. Otherwise, the State risks losing Federal highway funding. To comply, the judge could simply sentence the oﬀ ender to electronic monitoring after the minimum term of imprisonment has been served.
68 See Helander, Cliﬀ ord J., "DUI Countermeasures in California: What Works and What Doesn't, With Recommendations for Legislative Reform," California Department of Motor Vehicles, pp. 8-9 (September 2002).
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for alcohol on the oﬀ ender's breath and tronic monitoring averaged $15 per day violations or arrests while enrolled in transmit test results to the monitoring for each oﬀ ender and this cost was paid the program and 14 percent of post- agency over the oﬀ ender's telephone by the oﬀ enders themselves.69 sentence participants had violations or line. Typically, DWI oﬀ enders subject arrests while enrolled in the program; to this condition of home arrest must A seven-year evaluation of an electronic however, very few arrests for new DWI submit to multiple tests per day. Voice monitoring program in Palm Beach oﬀ enses occurred while participants recognition devices ensure that the County, Florida, for repeat DWI were enrolled in the program.72 oﬀ ender is the person taking the test.
oﬀ enders, showed that electronic monitoring was an eﬀ ective alternative Effectiveness of Electronic to incarceration: 85 percent of Some courts are using an alcohol- participants successfully completed the program at a price of approximately monitoring device called SCRAM A study conducted in Los Angeles one-third the cost of jail.70 Another (Secure Continuous Remote Alcohol County, California, which evaluated study which compared DWI oﬀ enders Monitor). Th e device is attached to how electronic monitoring aﬀ ects re- sentenced to electronic monitoring the oﬀ ender's ankle and monitors cidivism, cost, and eﬀ ectiveness among with a control group sentenced to the oﬀ ender's blood alcohol level by repeat DWI oﬀ enders, found that the incarceration found no signiﬁ cant measuring ethanol vapor as it migrates recidivism rate of those oﬀ enders in diﬀ erences in the recidivism rates of the through the surface of the skin. Th e the electronic monitoring program was device is designed to detect and record one-third lower (one year after entering any tampering or attempts to remove the program) than the rate for those Th e Minnesota Department of Correc- it. A Smart Modem communicates oﬀ enders who were incarcerated, and tions annual report to the State legis- test results from the subject's home to that the cost saving to the county was lature on the eﬀ ectiveness of the State's an Internet-based central monitoring signiﬁ cant: it saved approximately $1 Remote Electronic Alcohol Monitoring station, which provides supervising million in jail costs. Th e cost of elec- (REAM) program found that 19 per- parties with constant access to the cent of pre-sentence participants had alcohol readings of each subject.73 69 See Jones, R.K., et al., "Evaluation of Alternative Programs for Repeat DWI Oﬀ enders," DOT 808 493, pp. 39-66 (October 1996).
70 See Lilly, J. Robert, et al., "Electronic Monitoring of the Drunk Driver: A Seven-Year Study of the Home Conﬁ nement Alternative," Crime and Delinquency, Vol. 39, pp. 462-484 (October 1993).
71 See Courtright, Kevin E., et al., "Rehabilitation in the New Machine? Exploring Drug and Alcohol Use and Variables Related to Success Among DUI Oﬀ enders Under Electronic Monitoring—Some Preliminary Outcome Results," International Journal of Oﬀ ender Th erapy and Comparative Criminology, Vol. 44, No. 3, pp. 293-311 (2000).
72 See "Remote Electronic Alcohol Monitoring 2004 Report," Minnesota Department of Corrections.
73 For further discussion of SCRAM, see "Reducing Alcohol-Related Crime Electronically," Phillips, Kirby, Federal Probation, Vol. 65, No. 2 (September 2001) and "Recent Survey Shows Need for Better Alcohol Testing in Drug and DWI Courts," Brown, Kathleen, NADCP News (Spring 2004). Note that this study did not use a control group citing ethical considerations.
Strategies for Addressing The DWI Offender GUIDING PRINCIPLES FOR ELECTRONIC MONITORING AND SCRAM Determine Whether Offender monitoring oﬃ cer for inspection of Is Suitable Candidate For Electronic monitoring can result in equipment and payment of fees. Th is Electronic Monitoring considerable cost savings to the court oﬃ cer provides periodic reports on an oﬀ ender's compliance with the terms of Electronic monitoring is not a suitable because the cost of monitoring is gener- the sentencing order to the court's pro- sanction for all DWI oﬀ enders. Suit- ally paid by the oﬀ ender. Even in the bation oﬃ cer. Th e probation oﬃ cer also able candidates are those who have (1) case of indigent oﬀ enders for whom the checks to determine whether the other a permanent residence, (2) a working court may pay the costs of monitoring, conditions of probation, such as at- phone, (3) no history of violence or these costs will be signiﬁ cantly less than tending treatment programs, are being drug sales, (4) no outstanding warrants, the costs of incarceration.
met. Information about an oﬀ ender's and (5) a minimal risk of committing progress should also be sent directly to further serious illegal acts during the Monitor Compliance the court, including notiﬁ cation of any electronic monitoring period. Court Oﬀ enders should be required to re- staﬀ should check for prior felony con- port on a regular basis to an electronic victions, substance abuse convictions, and any history of noncompliance with court orders.
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Promising Sentencing Practice No. 7 VICTIM IMPACT PANELS By: Judge Greg Donat (Indiana) What Is a Victim Impact victims describe, in very personal terms, the eﬀ ect on their lives of being seriously injured, or losing a friend or Victim impact panels are groups of Judges presiding over DWI cases have family member, in a crash caused by an three or four speakers who have been teamed with community groups to impaired driver. Th e goal is to inﬂ uence seriously injured, or who have lost a develop victim impact panels as an DWI oﬀ enders on an emotional level friend or family member, in a crash additional sentencing practice. Commu- to change their attitudes about drinking caused by an impaired driver. Panel nity groups, such as Mothers Against and driving, and thus reduce the likeli- members present their personal stories Drunk Driving are often responsible hood of re-oﬀ ending. to a group of DWI oﬀ enders that for organizing and presenting the pro- does not include their own oﬀ ender. gram, and the court's staﬀ is responsible Victim impact panels can help put a Oﬀ enders are ordered by the court for assigning and monitoring the "human face" on the tragic consequenc- to attend a victim impact panel as a defendants' attendance. Victim impact es of DWI. Th ey can raise empathy, condition of their probation. Panels panels have been successful in reducing allowing oﬀ enders to put themselves in are held at regular intervals, usually DWI recidivism74 through emotional the place of people harmed by impaired biweekly or monthly.
appeals designed to change DWI of- drivers. Th ey can also change the fenders' attitudes toward drinking and oﬀ enders' focus from feeling sorry for Most victim impact panel programs driving by illustrating the real impact themselves for having been caught, to contain an introduction, three or four of DWI crashes.
the actual human consequences of victim's stories, and a conclusion. Th e their oﬀ ense.
74 At least one study has shown that victim impact panels have not signiﬁ cantly aﬀ ected recidivism rates. See Shinar, D. and Compton, R, "Victim Impact Panels: Th eir Impact on DWI Recidivism," Alcohol, Drugs and Driving, Vol. 11, No. 1, Los Angeles: UCLA Brain Information Service/Brain Research Institute, pps. 73-87 (1995). Nevertheless, the program can be helpful to victims and can positively aﬀ ect the public's perception of the justice system and encourage community involvement in the justice system. 10 Promising Sentencing Practices
Tips for Using Victim Impact describe their personal tragedies is to also made presentations to describe relive them and can be very emotionally how their lives were tragically aﬀ ected diﬃ cult. Th e staﬀ must be extremely by their bad choices to drink and drive.
Th e introduction of the program sensitive to selecting and preparing should emphasize that the victim im- participants. Due to the very personal Effectiveness of Victim Impact pact panel program is not intended to emotional commitment, most victims be confrontational. Instead, the pro- choose to present only a few times. gram should assist oﬀ enders in making Th e following studies have measured the better decisions in future situations. eﬀ ectiveness of victim impact panels: Live Versus Videotaped Attendees should be informed that the ■ A study that examined the eﬀ ect program's purpose is not to accuse or of victim impact panels in an eight degrade them, but to help them under- Since it is emotionally and personally county, tri-state region of the south- stand that they are responsible for the draining, it is not always possible to western United States found that consequences of their decisions to drink arrange for live presentations. Some the recidivism rate for oﬀ enders who and drive. It is also important that the courts use live presentations a few attended a victim impact panel was presenters understand the purpose of times per year while some courts use half that of oﬀ enders who did not do the victim panels. At the completion of videotaped presentations more fre- so. Th e oﬀ enders who did not attend each session, the oﬀ enders should com- quently. Because live presentations are a victim impact panel also recidi- plete evaluation forms that ask them to much more powerful than videotaped vated sooner than oﬀ enders who focus on how the victim information presentations, they should be used to attended a panel.75 will aﬀ ect their future decision-making the extent possible. Program managers about drinking and driving.
may need to balance audience size ■ A larger study conducted in Clacka- with the nature of the victims and their mas County, Oregon, found that Selecting Victim Presenters abilities to speak in front of large and DWI oﬀ enders who did not attend a victim impact panel were more than Th e victim presenters must be selected three times more likely to be re-ar- and prepared carefully. It is appropri- rested within the ﬁ rst year compared ate to wait until the civil and criminal Beneﬁ t to Victims and to those oﬀ enders who had attended proceedings are complete before a victim is asked to be a presenter. Vic- Many victims have positive reactions to tims generally ﬁ nd that the process of ■ A study conducted in an urban/sub- their participation. Although it can be preparing and delivering their stories is urban county in the southeastern both physically and emotional draining, extremely emotional. Consequently, the United States found that participa- it can be a way to openly express their program managers must ensure that the tion in a victim impact panel reduced grief. Many victims say that if they feel victims have had suﬃ cient time to work the likelihood of being re-arrested that they can do something to stop im- through their grieving processes, and if for DWI by 65 percent within the paired driving, it will give some mean- necessary with professional assistance, ﬁ rst year after the panel. Th ose ing to their personal losses and suﬀ er- before engaging in the program. To whose re-arrest records were most ing. On some occasions, oﬀ enders have 75 See Sprang, Ginny, "Victim Impact Panels: An Examination of Th is Program on Lowering Recidivism and Changing Oﬀ enders' Attitudes About Drinking and Driving," Journal of Social Service Research, Vol. 22, No. 3, pp. 73-84 (1997).
76 See O'Laughlin, L. H., "Drunk Driving: Th e Eﬀ ects of the Clackamas County DUI Victim Impact Panel on Recidivism Rates," Portland, Oregon (1990).
Strategies for Addressing The DWI Offender signiﬁ cantly aﬀ ected were white seen the positive results expressed by any feelings that they may have had men, ages 26-35, with one prior Judge Paul Bonin of the New Orleans of being ‘victimized' by the criminal DWI arrest. Logistic regression was justice system.78 used to compare the importance of ■ Oﬀ enders consistently inform me speciﬁ c independent variables on that the Victim Impact Panel is the re-arrest. Whether or not a subject single component of our sentence A number of States have laws attended a victim impact panel was that causes them to appreciate the giving judges authority to order found to be the most powerful pre- seriousness of drunk driving and DWI oﬀ enders to attend a victim dictor of re-arrest.77 helps them to resolve never to drink impact panel. Th ese States include Connecticut, Indiana, Nevada, New Many judges who have used victim and drive again. Listening to the York, Oklahoma, Oregon, Washington, impact panels for DWI oﬀ enders have victims is an emotional experience for most oﬀ enders and diminishes and Wisconsin.
GUIDING PRINCIPLES FOR VICTIM IMPACT PANELS Determine Whether A Victim ■ Contact other jurisdictions to ﬁ nd sanction those who miss sessions or Impact Panel Program Exists out more about how to develop and fail to participate appropriately. Th e implement victim impact panels for judge may choose to use administrative Determine whether a victim impact sanctions, such as community service panel program exists in your commu- or road crew and avoid involving the nity. If such a program does not exist, Develop Guidelines court. Another possibility is to refer all consider establishing one by working violators to the court or ﬁ le a petition with local community groups. For Establish guidelines for the program. to revoke probation.
courts interested in setting up victim Seek input from your court staﬀ and impact panels, NHTSA publishes a other community volunteers, as well detailed "how-to" guide.79 as from your probation and/or parole departments Determine where to hold the victim impact panels. Some courts use their courtrooms or courthouse facilities ■ To create a victim impact panel, and some use community or public build a team to design the program Th e court should design a system to facilities to conduct the panels. If the and evaluate and reﬁ ne it as track those assigned to attend victim staﬃ ng and accommodations can be experiences demonstrate problems impact panels and verify their atten- provided or donated, it may avoid the dance. Th ose who have a veriﬁ able and valid reason for not attending a session necessity of charging a user fee for can be re-assigned. However, promptly participants, which greatly simpliﬁ es the program's operation.
77 See Fors, S.W. and D.G. Rojek, "Th e Eﬀ ects of Victim Impact Panels on DUI/DWI Rearrest Rates: A Twelve-Month Follow-Up," Journal of Studies on Alcohol, pp. 514- 520 ( July 1999).
78 See Louisiana Victim Impact Panels, http://www.dps.state.la.us/tiger/victim.html.
79 See Lord, Janice Harris, "A How to Guide for Victim Impact Panels: A Creative Sentencing Opportunity," DOT HS 809 289 ( July 2001).
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Promising Sentencing Practice No. 8 COGNITIVE BEHAVIORAL THERAPY By Judge Marion Edwards (Louisiana) programs outlined here appear to be therapy for substance abusers . . [Studies have] found that programs that included the cognitive component What Is Cognitive Behavioral Th e use of Cognitive Behavioral Th er- were more than twice as eﬀ ective as apy has been recognized as a critical programs that did not."81 In Cognitive factor in reducing recidivism for repeat Cognitive Behavioral Th erapy is an Behavioral Th erapy, "alcohol and drug DWI oﬀ enders.80 Cognitive Behavioral action-oriented form of psychosocial dependence are viewed as learned Th erapy focuses on changing thinking therapy, which assumes that faulty behaviors that are acquired through patterns and behaviors. It is based on thinking patterns cause behavior that experience. If alcohol or a drug provides the premise that if a repeat oﬀ ender's is counter-productive or that interferes certain desired results (e.g., good faulty thinking is not addressed, there with everyday living and also causes feelings, reduced tensions, etc.) on is little likelihood of permanent change. negative emotions. Treatment focuses repeated occasions, it may become the Research has shown that the use of on changing an individual's thoughts or preferred way of achieving those results, cognitive interventions can enhance cognitive patterns in order to change particularly in the absence of other outcomes by up to 50 percent; however, his or her behavior and emotional state.
ways of meeting those desired ends. less than half of treatment programs From this perspective, the primary Application of Cognitive for oﬀ enders report having a cognitive tasks of treatment are to (1) identify behavior component in their programs. Behavioral Therapy to DWI the speciﬁ c needs that alcohol and Additional empirical studies need to drugs are being used to meet, and (2) be conducted to ascertain the eﬃ cacy develop skills that provide alternative Cognitive Behavioral Th erapy appears of diﬀ erent programs; nevertheless, the ways of meeting those needs."82 "to be the most eﬀ ective treatment 80 See Kadden, Ronald M., "Cognitive-Behavioral Approaches to Alcoholism Treatment," Alcohol Health & Research World, Vol. 18, No. 4, pp. 279-285 (1994); Donovan, D.M., et al., "Prevention Skills for Alcohol-Involved Drivers," Alcohol, Drugs and Driving, Vol. 6, pp. 169-188 (1990); Connors, G.J., et al., "Behavioral Treatment of Drunk-Driving Recidivists: Short-Term and Long-Term Eﬀ ects," Behavioral Psychotherapy, Vol. 14, pp. 34-45 (1986).
81 See Taxman, Faye S., "Unraveling ‘What Works' for Oﬀ enders in Substance Abuse Treatment Services," National Drug Court Institute Review, Vol. II, No. 2, pp. 108-110 (1999). 82 See Kadden, Ronald M., "Cognitive-Behavior Th erapy for Substance Dependence: Coping-Skills Training," Illinois Department of Human Services' Oﬃ ce of Alcoholism and Substance Abuse (2000).
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Th e emphasis of Cognitive Behavioral Th erapy in treating alcohol abuse, of other cognitive behavior programs Th erapy is on teaching substance- including the following: used by criminal justice agencies, see abusing oﬀ enders core concepts of "Cognitive-Behavioral Programs: A ■ Alcohol abusers who received self-diagnosis, self-analysis, and self- Cognitive Behavioral Th erapy as a Resource Guide to Existing Services," management. Each of these concepts component of their treatment had published by the National Institute of underlies the overall goal of assisting better drinking-related outcomes oﬀ enders to assume responsibility than those who did not receive this for their actions through techniques Moral Reconation Therapy provided in therapy. Th e self-diagnosis phase emphasizes recognizing that ■ A review of more than 24 problems exist, identifying feelings randomized controlled trials found MRT is a cognitive behavior program and situations that accompany the that Cognitive Behavioral Th erapy that has been used to reduce the problems, and developing interpersonal was comparable to or more eﬀ ective recidivism rate of repeat DWI issues. Th e goal of the self-analysis than other treatment for alcohol oﬀ enders. It combines education, phase is to examine how the individual group and individual counseling, and contributed to the problems, identify structured exercises designed to alter ■ Cognitive Behavioral Th diﬀ erent solutions and the likely how participants think and make found to be particularly eﬀ ective in consequences, and identify thinking judgments about what is right and reducing the severity of relapse and and situational factors that aﬀ ect these wrong. It is designed to foster moral in enhancing the durability of eﬀ ects problems. In the self-management development in individuals who have for substance abusers, including phase, the individual uses the skills proved to be resistant to treatment. alcohol abusers.86 acquired in therapy (e.g., problem- MRT was developed in the 1980s by solving, interpersonal skills training, Cognitive Behavioral Therapy Drs. Gregory L. Little and Kenneth and cognitive behavior modiﬁ cation) D. Robinson. It was initially used to address problems. Th e self- extensively with alcohol and drug management phase also involves the use Four Cognitive Behavioral Th erapy oﬀ enders at the Shelby County of support groups and reinforcement programs that have been used Correction Center (Memphis, to equip the oﬀ ender with the tools to successfully by criminal justice Tennessee, is the county seat of Shelby prevent relapse.83 agencies are: (1) Moral Reconation Th erapy (MRT); (2) Th inking for County). It is now being used in more than 40 States. For example, it is part of Effectiveness of Cognitive a Change (TFAC); (3) Reasoning the therapeutic program oﬀ ered by the Behavioral Therapy and Rehabilitation (R&R); and (4) Relapse Prevention Th erapy (RPT). Anchorage Wellness Court to alcoholic A number of studies support the Each is discussed below. For a listing eﬀ ectiveness of Cognitive Behavioral 83 See Taxman, supra, pp. 109-110.
84 See Longabauch, R., and J. Morgenstern, "Cognitive-Behavioral Coping-Skills Th erapy for Alcohol Dependence," Alcohol Research and Health, Vol. 23, pp. 78-85 (1999).
85 See Carroll, K.M., "Relapse Prevention as a Psychosocial Approach: A Review of Controlled Clinical Trials," Experimental Clinical Psychopharmacology, Vol. 4, pp. 46-54 (1996).
86 See Carroll, K.M., "A Cognitive-Behavioral Approach: Treating Cocaine Addiction," U.S. Department of Health and Human Services, National Institutes of Health (2000).
87 See discussion under Promising Sentencing Practice No. 1, above.
Strategies for Addressing The DWI Offender An evaluation of the Shelby County TFAC uses a combination of playing situations. After each role-play MRT program for DWI oﬀ enders with approaches to increase oﬀ enders' the group discusses and assesses how an average of three DWI convictions awareness of self and others. It well the oﬀ ender did in following the found that oﬀ enders who participated integrates cognitive restructuring, steps of the social skill being learned. in the program had fewer re-arrests social skills, and problem solving. Th e Oﬀ enders apply problem-solving steps than oﬀ enders who received no program begins by teaching oﬀ enders to problems in their own lives.
treatment and served jail time only. For an introspective process for examining program participants, the re-arrest rate their ways of thinking, feelings, beliefs, TFAC was developed to be appropriate for new DWI oﬀ enses within two years and attitudes. Th is process is reinforced for a wide range of oﬀ enders. Further after release was 4 percent, compared throughout the program. Social skills information about TFAC is available to a re-arrest rate of 15 percent for training is provided as an alternative on NIC's website.91 non-participants.88 However, after this to antisocial behaviors. Th e program Reasoning and Rehabilitation two-year period, the DWI recidivism culminates by integrating the skills rates for both groups are essentially oﬀ enders have learned into steps for the same.89 Despite the fact that the problem solving. Problem solving Th e R&R program is a multifaceted developers of MRT conducted these becomes the central approach oﬀ enders cognitive-behavior program designed studies, independent researchers found learn that enables them to work to teach juvenile and adult oﬀ enders that MRT "works in reducing the through diﬃ cult situations without cognitive skills and values. It was recidivism of oﬀ enders."90 engaging in criminal behavior.
developed by Dr. Robert Ross of the University of Toronto, and by Canadian Thinking for a Change (TFAC) Oﬀ enders learn how to report on criminal justice practitioners Elizabeth TFAC is a cognitive behavior program situations that could lead to criminal Fabiano and Frank Porporino. It is for oﬀ enders developed by the National behavior and to identify their thoughts, widely used throughout the Canadian Institute of Corrections (NIC) in the feelings, attitudes, and beliefs that correctional system, as well as in U.S. Department of Justice. Since its might lead them to oﬀ ending. Th ey a number of States in the United introduction in 1997, over 30 agencies learn how to write and use a thinking States. Th e developers created have become partners with NIC as report as a means of determining R&R as an educational, skills-based host ﬁ eld test sites. Th ese agencies their awareness of their risky thinking intervention that Ross has described include State correctional systems, local that leads them into trouble. Within as a "cognitive-behavioral program jails, community-based corrections the social skills component of the designed to teach oﬀ enders social programs, and probation and parole program, oﬀ enders try using their cognitive skills and values which are newly-developed social skills in role- essential for pro-social competence."92 88 See Little, Gregory L., et al., "Treating Drunk Drivers with Moral Reconation Th erapy: A Two-Year Recidivism Study," Psychological Reports, Vol. 66, pp. 1379-1387 89 See Little, Gregory, L., "Cognitive-Behavioral Treatment of Oﬀ enders: A Comprehensive Review of MRT Outcome Research," Addictive Behaviors Treatment Review, Vol. 2, No. 1, pp. 12-21 (2000).
90 Allen, Leana C., et al., "Th e Eﬀ ectiveness of Cognitive Behavioral Treatment for Adult Oﬀ enders: A Methodological, Quality-Based Review," International Journal of Oﬀ ender Th erapy and Comparative Criminology, Vol. 45, No. 4, p. 509 (2001).
91 Http://www.nicic.org.
92 Ross, R. R.,"Th e Reasoning and Rehabilitation Program for High-Risk Probationers and Prisoners," in R. R. Ross, D. H. Antonowicz, & G. K. Dhaliwal (Eds.), Going Straight: Eﬀ ective Delinquency Prevention and Oﬀ ender Rehabilitation, p. 195 (1995). 10 Promising Sentencing Practices
Th ey designed the program to assist created a program that consists of 35 but may also be used as a stand-alone oﬀ enders in developing self-control, two-hour sessions, which is an amalgam treatment program. RPT combines social skills, problem-solving abilities, of content and techniques borrowed behavioral and cognitive interventions and the ability to critically assess their from a number of sources. Th e program in an overall approach that emphasizes thinking.93. Th e authors identiﬁ ed is delivered two to four times per week the following factors that appeared to to groups of 4 to 10 oﬀ enders.95 Th e lead to repetitive pattern of criminal program avoids didactic presentations RPT intervention strategies consist of behavior: (1) problems with impulsivity and uses role playing, video-taped coping-skills training, cognitive therapy, associated with poor verbal self- feedback, modeling, group discussion, and lifestyle modiﬁ cation. Coping- regulation; (2) impairment in means- games, and practical homework review skills training is the cornerstone of end reasoning; (3) a concrete thinking to teach the skills.96 RPT, teaching individuals strategies style that impinges on the ability to to understand relapse as a process, appreciate the thoughts and feelings Relapse Prevention Therapy identify and cope eﬀ ectively with of others; (4) conceptual rigidity that high-risk situations, cope with urges inclines them to a repetitive pattern and cravings, implement damage of self-defeating behavior; (5) poor RPT is a behavioral self-control control procedures during a lapse to interpersonal problem-solving skills; program designed to teach individuals minimize its negative consequences, (6) egocentricity; (7) poor critical who are trying to maintain changes in stay engaged in treatment even after a reasoning; and (8) a selﬁ sh perspective their behavior how to anticipate and relapse, and learn how to create a more that tends to make them focus only cope with the problem of relapse. It was balanced lifestyle. A number of studies on how their actions aﬀ ect themselves originally designed as a maintenance have shown that RPT is eﬀ ective as a instead of considering the eﬀ ects of program for use following the psychosocial treatment for alcohol and their actions on others.
treatment of alcohol or drug addition, drug dependence.97 93 Ross, R. R., Fabiano, E. A., & Ewles, C. D, "Reasoning and Rehabilitation," International Journal of Oﬀ ender Th erapy and Comparative Criminology, Vol. 32, 29-36 94 Gaes, Gerald et al., "Adult Correctional Treatment," in Michael Tonry and Joan Petersilia (Eds.), Prisons, p. 375 (1999).
95 Id. at p. 376.
96 Id. For further information about R&R, see Ross, R., et al., "Reasoning and Rehabilitation," International Journal of Oﬀ ender Th erapy and Comparative Criminology," Vol. 32, pp. 29-35 (1988), and Van Voorhis, Patricia, et al., "Th e Georgia Cognitive Skills Experiment: A Replication of Reasoning and Rehabilitation," Criminal Justice and Behavior, Vol. 31, No. 3, pp. 282-305 (2004).
97 See Irvin, J.E., et al., "Eﬃ cacy of Relapse Prevention: A Meta-Analytic Review," Journal of Consulting and Clinical Psychology, Vol. 67, pp. 563-570 (1999); Parks, G.A. and G.A. Marlatt, "Relapse Prevention Th erapy for Substance-Abusing Oﬀ enders: A Cognitive-Behavioral Approach in What Works: Strategic Solutions," American Correctional Association, pp. 161-233 (1999).
Strategies for Addressing The DWI Offender GUIDING PRINCIPLES FOR COGNITIVE BEHAVIORAL THERAPY Conduct Assessment Of the oﬀ ender can be matched with the readiness groups prepare oﬀ enders for appropriate therapy method.
participating in therapy by creating a desire to change.
A clinical assessment is a critical tool Assess Offender's Readiness for determining the appropriate level Require Behavior Contract and type of therapy for an oﬀ ender. It provides critical information that can Often the assumption is made that Th e oﬀ ender should be required to sign be used to determine the severity of the an oﬀ ender is interested in changing a behavior contract that (1) speciﬁ es oﬀ ender's substance abuse and criminal his or her behavior and that the the expectations for the oﬀ ender, (2) oﬀ ender knows what aspect of his or identiﬁ es the program and schedule her behavior is troublesome; however, of therapy, (3) includes incentives Match Offender With this assumption is not always correct. for compliance and sanctions for Appropriate Therapy To prepare an oﬀ ender for treatment, noncompliance, and (4) includes other participation in a treatment readiness requirements, such as periodic alcohol Using the information gathered in the group may be required. Treatment and drug testing, electronic monitoring, clinical assessment of the oﬀ ender, and community service.
10 Promising Sentencing Practices
Promising Sentencing Practice No. 9 By Judge Stephen E. Benson and Gregory psychosocial treatment to reduce the Th ereafter, the need for further risk of relapse. One study concluded treatment should be evaluated on that oﬀ enders who are treated with the basis of the person's degree of naltrexone in combination with improvement and continued concerns To assist convicted DWI oﬀ enders in cognitive behavioral therapy drank maintaining sobriety while attempting less, took longer to relapse, and had to change the behavioral patterns more time between relapses. Th ey What Is Antabuse? leading to their alcohol abuse, a court also exhibited more resistance to and Antabuse (disulﬁ ram) is a drug that may consider requiring the oﬀ enders control over alcohol-related thoughts produces unpleasant side eﬀ ects when to take naltrexone or Antabuse, drugs and urges. Finally, 62% of those taking a person drinks alcohol while taking that have been used in the treatment of naltrexone did not relapse into heavy the drug. It has been found to be less alcoholism for many years. Generally, drinking, in comparison with 40% of eﬀ ective than naltrexone, and also has it is recommended that the drug the placebo group.99 toxic qualities that have led to major therapy be combined with psychosocial Naltrexone has few adverse side eﬀ ects, medical complications.
therapies for the most beneﬁ t.98 but should not be taken by pregnant women, people with severe liver or Although Antabuse and naltrexone What Is Naltrexone? kidney damage, or people who are can be used together, their combined Naltrexone (ReVia) is a non-addictive dependent on opiates such as heroin or usage is not ordinarily recommended. medication that reduces cravings for Antabuse may be used in conjunction alcohol, and has been approved by the with naltrexone to abate persistent Th e recommended initial course of FDA as a treatment for alcoholism. It is complaints of craving or with treatment is three to six months. intended to be used in connection with patients who have continued to drink 98 O'Malley, Stephanie, "Naltrexone and Alcoholism Treatment," U.S. Department of Health and Human Services, Treatment Improvement Protocol Series 28, p. xv 99 Anton, R.F.; Moak, D.H.; Waid, L.R.; et al., "Naltrexone and Cognitive Behavioral Th erapy for the Treatment of Outpatient Alcoholics: Results of a Placebo-Controlled Trial," American Journal of Psychiatry, Vol. 156, No. 11, pp. 1758-1764 (1999).
10 Promising Sentencing Practices
periodically in order to help them One Court's Experience ■ ReVia [naltrexone] is far more break this cycle and achieve a sustained eﬀ ective than Antabuse and period of abstinence. It may also be standard probation with Alcoholics used to establish an initial period of As part of its HIDE (High Density Anonymous (AA) terms and abstinence before initiating naltrexone DUI/DWI Enforcement) Program, therapy, at which time its use is Butte County (California) Superior ■ Oﬀ enders taking ReVia had the Court requires oﬀ enders placed in the program to participate in a drug lowest recidivism rate and the treatment program that requires the longest period of time before Beneﬁ ts of Drug Therapy oﬀ ender to take naltrexone. Th is recidivism as compared to oﬀ enders Naltrexone reduces or stops the program is designed primarily for taking Antabuse and oﬀ enders cravings for alcohol that interfere with multiple DWI oﬀ enders, and accepts on probation with AA terms and an alcoholic's ability to complete a oﬀ enders who are granted probation for treatment program. Th e medication DWI with priors and DWI with injury ■ A key aspect of the drug treatment may enable the patient to maintain cases in which there is a signiﬁ cant program is strict accountability.
sobriety for a suﬃ cient period of time alcohol or drug abuse problem.
to successfully establish a pattern Th e procedure used by the court is of behavior modiﬁ cation through Butte County has been requiring the use of naltrexone by certain DWI oﬀ enders since 1996. Its ReVia Project ■ On conviction or plea, the court Although psychosocial treatments began as a 90-day trial project, which places the defendant on formal for alcoholism have been shown to was extended based on the positive increase abstinence rates, a signiﬁ cant results achieved with repeat DWI e defendant is ordered to contact proportion of alcoholics ﬁ nd it diﬃ cult oﬀ enders who were part of this project. a physician immediately, to receive to maintain initial treatment gains Th e Butte County Court found an examination and a prescription and eventually relapse. Naltrexone, "that ReVia is far and away the most for ReVia. Ingestion of the drug is when used in addition to psychosocial successful method of dealing with high- initiated and a log is signed by the therapies for alcohol abuse, can reduce blood-alcohol, repeat drunk drivers." It pharmacist or physician.
the percentage of days spent drinking, the amount of alcohol consumed, and ■ Defendants are required to present ■ Use of the drug as part of the pro- relapse to excessive and destructive proof of prescriptions and ingestion bationary terms and conditions for to their probation oﬃ cers. In some repeat DWI oﬀ enders allows behav- cases, pharmacists personally ioral modiﬁ cation to take eﬀ ect.
100 For further discussion of using naltrexone in combination with psychosocial therapies, see O'Malley, Stephanie, Naltrexone and Alcoholism Treatment, Treatment Improvement Protocol (TIP) Series No. 28, U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, Center for Substance Abuse Treatment; Kranzler, H.R. and J. Van Kirk, "Eﬃ cacy of Naltrexone and Acamprosate for Alcoholism Treatment: A Meta-Analysis," Clinical and Experimental Research, Vol. 25, No. 9, pp. 1335-1341 (2001); Garbutt, J.C., et al., "Pharmacological Treatment of Alcohol Dependence: A Review of the Evidence," Journal of the American Medical Association, Vol. 281, No. 14, pp. 1318-1325 (1999).
Strategies for Addressing The DWI Offender observe the ingestion, sign the log GUIDING PRINCIPLES FOR DRUG THERAPY of the oﬀ ender, and keep a separate log to document and compare. Enlist The Assistance Of The care provider or support group to en- Customary safeguards are taken Medical Community hance treatment compliance and work to protect against false ingestion toward a common goal of sobriety.
A partnership with the local medical community is important to the Review Beneﬁ ts Of Therapy e defendant is also ordered to participate in a speciﬁ ed alcohol success of any drug therapy program. treatment program, to submit to Members of the medical community • Naltrexone can help reduce the urine testing at speciﬁ ed intervals, may assist the court in developing the craving for alcohol and help people and to abstain from all use or medical protocols for the program, in remain abstinent.
possession of alcohol or controlled monitoring patients in the program, • Most people do not report side substances and from entry into and in gathering statistics on the eﬀ ects from taking this drug; places where alcohol is sold or is a outcomes of those in the program. however, some people experience primary focus of business.
Th ey may also be willing to oﬀ er low-cost or no-cost examinations and mild discomfort, which usually disappears in a few weeks.
■ Court review of the defendant's prescriptions to low-income individuals compliance with all orders is in the program. In California, a large • Naltrexone will help people to conducted at regular intervals.
retail drug store chain agreed that its maintain sobriety while completing pharmacy staﬀ would supervise the a treatment program.
■ Probation oﬃ cers conduct ﬁ eld oﬀ ender's ingestion of naltrexone.
searches, and are authorized to arrest any defendant who is violating the Determine Whether terms of probation.
Th e probation department should Defendant Is Motivated To discuss the cost of the drug with the ■ After six months, the court reviews Comply With Therapy defendant and how this cost will be the case to determine if the Th e defendant's interest in and willing- covered (e.g., is there insurance cover- supervision level will be reduced.101 ness to take naltrexone are important age, can family members assist with the considerations. Appropriate candidates cost?, etc.). Although the cost may seem for the drug should be willing to be in high (approximately $5/day), it may be a supportive relationship with a health- less than the amount the defendant has been spending on alcohol.
101 For further information about the Butte County ReVia Project, see http://www.aca-usa.org/reviaproject.htm, and "DWI/Drug Courts: Deﬁ ning a National Strategy," Appendix B: ReVia Project, National Drug Court Institute (March 1999).
10 Promising Sentencing Practices
Promising Sentencing Practice No. 10 REENTRY COURTS AND PROGRAMS By Judge Richard Vlavianos (California) available and to bring those programs What Are Reentry Courts? to bear upon the re-entry of oﬀ enders. Reentry courts serve six primary With 95% of all State prisoners functions in the release of jail and Using judicial authority to apply being released from prison at some prison inmates: (1) assessment and sanctions and rewards and to marshal point, nearly 80% are released to planning; (2) active oversight; (3) resources has been shown to be parole supervision.104 Among State management of support services; (4) eﬀ ective in drug courts.102 Likewise, parole discharges in 2000, only 41% accountability to the community; (5) courts can oversee the re-entry process, successfully completed their term of graduated and parsimonious sanctions; whether from prison or jail, which supervision, 42% returned to prison or and (6) rewards for success.107 can include monitoring, supervision, jail, and 9% absconded.105 "Among the case management, service provision, State prisoners expected to be released Assessment and Planning and community involvement.103 Th is to the community by the end of 1999, In the assessment and planning phase, supervision does not negate the role 84% reported being involved in drugs the correctional administrators, reentry of probation and parole which are or alcohol at the time of the oﬀ ense judge and parole or probation agency relied upon to aid society by trying which led to their incarceration."106 Re- perform a needs assessment and to maximize the opportunity for the entry courts and programs can assist develop a plan prior to release. Th e oﬀ ender to rehabilitate. Courts need in reducing the number of oﬀ enders assessment can include social services, to examine the resources within the involved with alcohol and drugs who drug and alcohol counseling, family community to determine what is return to prison or jail.
102 Lindquist, C., Hardison, J. and Lattimore, P., "Reentry Courts Process Evaluation (Phase 1), Final Report," United States Department of Justice, Document No. 202472, p. 3 (2003).
103 Id. at 4.
104 Hughes, T. and Wilson, D.J., "Reentry Trends in the United States: Inmates Returning to the Community after Serving Time in Prison," Bureau of Justice Statistics (2004). 105 Id.
106 Id.
107 Supra., note 1, at 4. 10 Promising Sentencing Practices
counseling, health and mental health are designed to reduce recidivism probation or parole oﬃ ce to follow services, housing, job training, and work and improve public safety through through and ensure the oﬀ ender is opportunities.108 Th e key is to match the use of judicial oversight of satisfying the program's requirements. oﬀ enders to programs that will meet returning oﬀ enders. Th ey do this by Unfortunately, oﬀ enders often fail to their individual needs. Many reentry reviewing oﬀ enders' reentry progress complete these programs, even when programs target speciﬁ c minority and problems, ordering oﬀ enders to the judge orders them as a condition of groups and are eﬀ ective in dealing with participate in various treatment and probation or parole. the cultural diﬀ erences to successful reintegration programs, requiring treatment of oﬀ enders. Assessment alcohol and drug testing and other Experience shows that unless the court tools are available. Some examples checks to monitor compliance, applying sets a future date to assess compliance, of assessment tools for alcohol and graduated sanctions to oﬀ enders most individuals ordered into programs substance abuse are: ASI (Alcoholism who do not comply with treatment will not comply with the requirements Screening Inventory); AUDIT requirements, and providing modest of the program. Many of the oﬀ enders (Alcohol Use Disorders Identiﬁ cation incentive rewards for sobriety and other assume that the system is so large Test); CAGE (Cut Down, Annoyed, positive behaviors.
that they can always fall through the Guilty, Eye-Opener)109; DRI (Driver cracks without the court holding them Risk Inventory); MAST (Michigan Management and Support responsible. It is too easy to avoid the Alcoholism Screening Test); SALCE unpleasant, which is exactly what most (Substance Abuse Life Circumstances substance abusers want to do. Th ey Evaluation); and SASSI (Substance Th e court oversees the provision of know that probation departments are Abuse Subtle Screening Inventory). support services by marshalling those overwhelmed with cases. Judges should assess and choose these services which may include substance If the court requires the oﬀ enders to re- tools after consulting with the service abuse treatment providers, job training turn to the courtroom to provide proof programs, private employers, faith institutions, family members, housing that they are completing the program's services, and community organizations, requirements, the compliance rate among others. Th ese organizations improves. Th e potential consequences During the active oversight phase, are accountable to the court.111 Once for disobedience of the order are much the oﬀ ender attends regular court judges have identiﬁ ed programs that more real, and oﬀ enders are usually appearances beginning immediately work and have matched a program concerned enough about them to actu- after release and continuing throughout to the oﬀ ender's needs, they need to ally follow through. By establishing a supervision. Like drug courts, program monitor the oﬀ ender's progress. Courts calendar for individuals to report back participants witness other oﬀ enders' often order the oﬀ ender to participate to the court and approach the judge court appearances.110 Reentry courts in a program, and then rely on the 108 Id.
109 CAGE's mnemonic comes from the following questions: (1) Has the individual tried and failed to cut down the amount of drinking? (2) Does the individual get annoyed and irritable when he or she drinks? (3) Does the individual feel guilty about the drinking? (4) Most importantly, does the individual want a drink after waking up in the morning (i.e., need an eye-opener)? 110 Id.
111 Id. Strategies for Addressing The DWI Offender face to face, more oﬀ enders will com- movie tickets, etc.) are necessary to counter-productive or ineﬀ ective when plete their reentry plans. recognize those milestones. Like critically evaluated.115 failures, it is advisable to recognize the Accountability to the successes in a public forum (e.g., the An Example of a Reentry In some jurisdictions, courts have One reentry program that has shown used citizen advisory boards to Assessment of Reentry great promise is the Delancey Street provide insights and suggestions and Foundation. Delancey Street is a San to ensure community involvement in To ensure that oﬀ enders successfully re- Francisco-based, self-help residential the oﬀ ender's reintegration into the enter society, judges should become fa- treatment center for drug addicts, community. In some cases, the court miliar with the available programs that alcoholics, convicts and the hard- may ﬁ nd that restitution is required, so work. As part of this process, courts core unemployed.116 Th e participants the court would oversee that process. should establish performance standards either self-select to enter the program Also, many courts work with victims' for the programs they use. A necessary or are referred by judges, lawyers, or part of any set of performance stan- prison counselors. During a screening dards is a documented record of suc- interview conducted by senior Graduated and Parsimonious cess, preferably using an evidence-based residents in the facility, applicants evaluation. Ideally, an outside evaluator must personally request admission would perform the evaluation. Good into the program and verbally accept Th e courts and supervision agencies reentry programs will reassess and up- responsibility for the problems of their need to establish a predetermined date their success rates periodically. past, their current position in life, range of sanctions for violations of and what they plan to do once they supervision conditions. In doing so, Judges should ensure that all programs leave Delancey Street.117 While in the the sanctions need to be administered are evaluated based on whether they program, veteran residents brief new swiftly, predictably and universally.113 actually work, rather than whether residents concerning four primary they sound good or are the current fad. things: (1) life fundamentals (e.g., Rewards for Success Judges should not be afraid to try new how to dress, eat, and speak properly, During the planning stage, concepts and ideas, but they should manage time, practice cleanliness, etc.); identiﬁ cation of program milestones remember to have them independently (2) physical labor skills (e.g., janitor, is extremely important. Th e use of evaluated as they use the programs. Too chef, automotive mechanic, etc.); rewards for oﬀ ender's successes (e.g., many programs that initially showed (3) interpersonal skill (e.g., waiting early release, graduation ceremonies, promise ultimately were found to be tables, sales, etc.); and (4) tutoring 112 Id.
113 Id.
114 Id.
115 Id. (Th is study examines nine reentry court sites around the country and evaluates the success of the accompanying programs).
116 Bragin, Michael, "Moving Social Services Back to Our Communities," http://www.paciﬁ cresearch.org/pub/sab/health/delancey.html, p. 6 (visited November 16, 2004).
117 Id. 10 Promising Sentencing Practices
(e.g., residents tutor one another, felons and welfare dependents have legal [meaning lawful] jobs, pursue so a resident with a 10th grade level graudated from the program since largely self-suﬃ cient lives, and stick of proﬁ ciency in mathematics and 1971.121 He also found the following: to a path of social responsibility and language tutors a resident with an 8th grade level, who in turn, tutors someone ■ Even among the 25 percent who with a 4th grade level).118 Th e residents enter Delancey Street and end Beside its main site in San Francisco stay for a minimum of two years and an up dropping out in the ﬁ rst two and another site in Los Angeles, the average of three and one-half years.119 months, roughly 1 out of every 10 foundation currently has successful To support itself, Delancey Street does returns and successfully completes aﬃ liate sites in New Mexico, New York, not use public funds; rather, it supports a rehabilitative stay. Th ough 20 and North Carolina. Th e approach itself primarily through the successful to 25 percent of those who do has also been used in Massachusetts operation of businesses including a graduate end up back on drugs, and New Zealand.123 Nevertheless, restaurant, a café and bookstore, a welfare, or in prison, the majority one of the goals of the foundation is moving company, paratransit services, of the foundation's graduates are to replicate the program in additional automotive services, Christmas tree deﬁ nite success stories. For every States, and Congress has appropriated sales, handcrafted furniture, and 100 indigents and criminals who funds through the Department of handcrafted pottery and art objects.120 enter Delancey Street, an average of Justice to the Eisenhower Foundation Research Fellow Michael Bragin found 59 of them successfully pass through to help others replicate the model.124 that almost 12,000 former addicts, the program and move on to obtain 118 Id.
119 Id.
120 Delancey Street Foundation, http://www.eisenhowerfoundation.org/grassroots/delancey/training.htm (visited Nov. 16, 2004).
121 Id. at 8.
122 Id.
123 Id. at 9.
124 Delancey Street Foundation, http://www.eisenhowerfoundation.org/grassroots/delancey/replication.htm (visited Nov. 16, 2004).
Strategies for Addressing The DWI Offender GUIDING PRINCIPLES FOR REENTRY COURTS AND PROGRAMS Tailor The Reentry Court And ■ Gain understanding of the speciﬁ cs instruments (e.g., ASI, AUDIT, Program To Your Community of the reentry program and its CAGE, DRI, MAST, SALCE, eﬀ ectiveness. Identify which SASSI) to identify the oﬀ ender's Tailor the reentry court model for your programs are residential and which speciﬁ c needs.
jurisdiction to suit the individual legal, operate on an outpatient basis. political and community context.
■ Oversee the program and meet with Deﬁ ne whether the program oﬀ ers reentry staﬀ members periodically other services such as educational Marshal Key Stakeholders to check on the matching systems support, job placement, and other And Involve Them In Planning social services.
■ Bring the appropriate key stakehold- ■ Consider making participation Learn About Programs That ers together (e.g., law enforcement, in a reentry program a condition Target Speciﬁ c Minority correctional facilities, mental health of probation and/or parole for and substance abuse treatment, do- appropriate individuals. To ensure mestic violence counseling, ﬁ nancial you understand the nature of the Ascertain which reentry programs assistance, educational assistance, programs, personally visit them.
target speciﬁ c ethnic groups and be vocational and employment assis- sensitive to the possibility that diﬀ erent tance, clothing assistance, food bank, Conduct An Independent racial groups may require diﬀ erent housing assistance, transportation treatment approaches due to cultural Evaluation Of The Programs' assistance, faith-based community diﬀ erences and/or language diﬀ erences.
sponsorship, etc.).
■ Establish performance standards for ■ Ask them for their input in resolving the programs that you use.
■ Once you have ordered the ■ Ensure that an independent individual to participate in a Know The Resources In Your evaluator establishes the eﬃ cacy of program, set a future court date to the programs.
assess the individual's compliance.
■ Become familiar with the reentry ■ Positively reinforce good behavior Ensure Assessment Of programs available to alcoholics in and provide sanctions when the Offender's Speciﬁ c Needs your community. Identify what age individual fails to comply with the groups each program targets.
■ Ensure that the reentry program uses the appropriate assessment 10 Promising Sentencing Practices
Th is Promising Sentencing Practices other sentencing options are being an often-used quote which succinctly Compendium describes sentencing used by judges throughout the country describes why we need to be creative practices identiﬁ ed by judges and other to address the individual oﬀ ender as with sentencing practices: professionals to reduce DWI oﬀ enses. well as to promote safer communities. Th is publication is one example of In choosing which practices are "If you always do what you've how judges have led eﬀ orts in creating appropriate, judges need to ensure always done, you'll always new solutions to an ongoing societal that an adequate assessment of the get what you've always got." and justice system problem. Today, oﬀ ender is conducted. Once that is – Author unknown nearly one-third of all drivers arrested accomplished, the judge can choose or convicted of DWI have previous from among the various sentencing Th is compendium challenges every DWI convictions. Vigilant judges practices to combine those strategies judge to be a catalyst for introspection have demonstrated their commitment, that will assist the individual oﬀ ender and change by taking such measures courage, and foresight in experimenting with speciﬁ c issues.
as adjusting sentencing philosophies, with these new approaches to identifying additional resources and sentencing in an eﬀ ort to stop the It is understood that some judges adopting new sentencing practices. "revolving door." encounter challenges or limitations on By addressing the problem of repeat their abilities to seek new solutions. DWI and other serious oﬀ enders Th e sentencing practices discussed Th ese real-life sentencing practices head-on, and utilizing unique remedies in this compendium are examples of can be catalysts for implementing new to decrease revolving door cases, using creativity in seeking better justice. practices to reduce recidivism. Th ere is judges today are creating a better Various forms of these practices and system for tomorrow. 10 Promising Sentencing Practices
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10 Promising Sentencing Practices
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10 Promising Sentencing Practices
Sentencing Summit Participants and Contributing Authors Mary Ann Aguirre
Stephen E. Benson
Stephen L. Charter
Director of Rehabilitation Services Federated States of Micronesia 1931 Sutro Street Oroville, CA 95965 Brian Chodrow
Program Manager
Harold G. Albright
Steve Bloomﬁ eld
National Highway Traﬃ c Safety Administration Associated Family Physicians 400 Seventh Street SW., Department Number 4 2005 Silverada Boulevard Washington, DC 20590 775-325-6505 Ext.6549 William J. Brunson
Michael J. Barrasse
Academic Director Leigh M. Church
Th e National Judicial College Clinical Director for Substance Abuse Court of Common Pleas Judicial College Bldg.
Th e Ridge House, Inc.
Lackawanna County 275 Hill Street, Suite 281 200 North Washington Avenue Scranton, PA 18503 10 Promising Sentencing Practices
William F. Dressel
Jeﬀ rey B. Ford
Chief, Impaired Driving Division National Highway Transportation Th e National Judicial College Safety Administration, NTI-110 Judicial College Building Champaign County Courthouse 400 Seventh Street, SW., 101 East Main Street Urbana, IL 61820 Washington, DC 20590 Marion F. Edwards
Raymond M. Funk
James E. Dehn
Fifth Circuit Court of Appeal 101 Derbigny Street Rabinowitz Courthouse Tenth Judicial District Gretna, LA 70053 Isanti County Government Center Fairbanks, AK 99707 555 18th Avenue S.W.
Cambridge, MN 55008 907- 452-9356 FAX James C. Fell
Director, Traﬃ c Safety & Enforcement Karl B. Grube
Paciﬁ c Institute for Research Gregory James Donat
Calverton Oﬃ ce Park 11710 Beltsville Dr., Ste. 300 501 First Avenue North, Calverton, MD 20705 Tippecanoe Co., No. 4 St. Petersburg, FL 33701 301 Main St., 2nd Flr.
Lafayette, IN 47901-1363 765-423-9266 Ext.132 765-423-9764 [email protected] Strategies for Addressing The DWI Offender Calvin R. Holden
Pat Knighten
Robyn D. Robertson, M.C.A.
Research Associate 9224 Fieldwood Lane Traﬃ c Injury Research Foundation 31st Judicial Circuit Fair Oaks, CA 95628 171 Nepean Street, Suite 200 Green County, Division 5 Ottawa, On K2p Ob4, Canada 1010 Boonville Avenue 877-238-5235 Ext.306 Springﬁ eld, MO 65802 Gregory J. Lynch
Adult Probation Oﬃ cer Larry G. Sage
Butte County Probation C. West Huddleston
42 County Center Drive National Drug Court Institute Oroville, CA 95965 4900 Seminary Rd., Ste. 320 Sparks, NV 89431 Alexandria, VA 22311 David Manning
National Highway Traﬃ c
Gary R. Schurrer
Verdene A. Johnson
Safety Administration, Th e National Judicial College 201 Mission Street, Suite 2230 Tenth Judicial District Judicial College Building San Francisco, CA 94105 Washington County Government Stillwater, MN 55082 Chris D. Monroe
J. Michael Kavanaugh
Bartholomew Superior Court #1 Bernalillo County Metropolitan Court 234 Washington Street 401 Roma Avenue, NW.
Columbus, IN 47201 Albuquerque, NM 87103 10 Promising Sentencing Practices
Robin D. Smith
San Joaquin County Midland, TX 79702 222 East Weber Avenue #303 Stockton, CA 95202 Steve Swan
Vice PresidentCorrectional Counseling, Inc.
G. Michael Witte
3155 Hickory Hill, Suite 104 Memphis, TN 38115 Dearborn County Courthouse 215 West High Street, Th ird FloorLawrenceburg, IN 47025 Kelly E. Tait
Communication Consultant University of Nevada, Reno MS 228Reno, NV 89557 [email protected] Strategies for Addressing The DWI Offender DOT HS 809 850
March 2005

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Perception and Practice of MalariaProphylaxis in Pregnancy among Healthcare Providers in IbadanOnyeaso N.C, Fawole A.O ABSTRACTThe study assessed knowledge and practice of health care providers on current concepts on malaria prophylaxis inpregnancy. 497 randomly selected respondents at the three levels of care in two local governments in Ibadan, Southwestern Nigeria were interviewed using a self-administered questionnaire. Respondents were selected from 45 healthfacilities: 48 (9.7%) community health extension workers (CHEWS), 139 (28.9%) auxiliary nurses, 220 (44.3%) formallytrained nurses and 90 (18.1%) medical doctors. Only 57 (11.5%) respondents were knowledgeable about current WHOstrategies for malaria prevention in pregnancy. Three hundred and eighty six respondents (77.7%) were aware of intermittentpreventive treatment (IPT). Awareness about IPT was highest among CHEWS (95.8%). Pyrimethamine was prescribedmainly by healthcare providers in the secondary (60.6%) and primary (60.3%) levels of care (X2 = 11.54, p < 0.01).Chloroquine was prescribed by 42.5% of respondents. Sulfadoxine-pyrimethamine was significantly more commonly prescribedby primary health care providers than in other levels of care (X2 = 15.07, p < 0.01). Prescription for insecticide treated netswas high. Respondents' practice of anti-malarial chemoprophylaxis was influenced by the cadre of the health care providerand level of practice. There are several knowledge gaps on current malaria prevention strategies in pregnancy amonghealthcare providers. Multiple strategies are required to improve health care workers' knowledge and practice of malariaprevention during pregnancy. (Afr J Reprod Health 2007; 11[2]:60-69).