Program Phases—DSP

The judge orders the offender into supervised probation for a specific length of time (usually 24 months). All offenders begin at the first level (Level I) of supervised probation. Offenders who comply with all conditions of this probation may advance to Level II after 3 months and to Level III after 9 months.

Table 13. Elements of Program Phases or Levels

Meet with DSP Level Duration Program Components Caseworker

Level I 3 months ASI and ASAM; individualized Weekly* treatment; AA meetings; VIP; DUI

Education course

Level II 6 months Treatment continued as needed; Every 2 weeks** AA meetings

Level III Up to 15 months Treatment as needed; AA Monthly*** meetings

*Level I—Offenders meet with their DSP caseworker at least weekly.

**Level II—Visits reduced to twice a month (with telephone contact as needed between visits) if the offender is adequately complying with the conditions of probation.

***Level III—Visits reduced to monthly (with telephone contact as needed between visits) if the offender continues to comply with the conditions of probation.

After 1 full year, each offender is reevaluated. Offenders who have complied with the conditions of probation and with any treatment plan imposed may request a hearing to review their

judgment and sentence with the Court. The DSP caseworker may recommend changes in supervision requirements to the sentencing Court and to the prosecuting attorney.

The following are components of the DSP.

Table 14. DSP Components Component Description

1. Alcohol/drug testing Offenders given a preliminary breath test at any time for any reason. All results are documented in offenders’ files. Positive results may be cause for probation revocation.

2. Reporting to the courts Caseworker submits reports to court at least monthly. Includes

documentation of completed requirements and a status report on offender progress. Reports of an offender arrest or other serious violation are documented and sent immediately to the court and prosecuting attorney. 3. Evaluation ASI and ASAM instruments are used. ASI determines degree of

alcohol/drug abuse. ASAM determines treatment type needed.

4. Treatment Administered by one of eight State-approved providers/agencies or two on the Reservation. Inpatient occurs outside of Fremont County. Outpatient has two levels: standard and intensive outpatient treatment.

5. Ignition interlocks Not often used due to costs. For hard driver license suspensions, offender may apply for interlock after 45 days with no driving restrictions.

6. VIPs Mandatory attendance of 50-80 offenders; cost is $35 per offender.

7. DWI Education course Ordered by judge or by the evaluation results. Approximately a quarter to a half of offenders required to attend. These 8- to 12-hour courses are held mainly for offenders without serious addiction problems.

E. Costs—DSP

Offenders in the DSP program are required to pay supervision fees of $25 in cash or by money order for every month the offender is in the program. Fees are collected by the DSP caseworker at the offender’s first scheduled appointment of each calendar month. The DSP caseworker documents payment through a receipt book and within the offender’s case file. There are no indigent funds for those who cannot pay, although DSP reports that they do not turn away defenders who cannot pay. When these offenders get jobs, they begin to pay. The caseworkers accept the payments and provide receipts to the offenders.

This offender fee does not begin to cover the costs of the DSP program. The current grant from the State covers the remaining costs. IPR is looking for continuous funding when the grant is completed. The program officials believe that local government should fund the DSP program. F. Conclusions—DSP

The Fremont County DSP program appears to be a promising rural program that addresses challenges of limited available resources and geographic distances. It has many components that have proven to be effective in other programs. Reportedly, according to DSP, noncompliance rates are down from more than 50% in the unsupervised program to 25 to 37% for the DSP participants, and compliant offenders do not recidivate at the high rates of noncompliant

offenders. The fact that over half of the offenders are Native American presents an additional challenge because of relatively high rates of alcoholism.

The most important component appears to be the frequent contact with the caseworker,

especially in the first few critical months of the program. This contact with an official provides an extra incentive for the offender to remain sober and take responsibility to meet other

requirements. The random testing for alcohol and other drugs is an enforcement of sobriety. The DSP offenders are also required to have a full-time job or become a full-time student. If they cannot comply, they must perform up to 40 hours per week of community service. This is a significant lifestyle change for many of them that helps them to remain sober.

The Fremont County DWI Supervised Probation program and IPR develop partnerships with the judges, prosecuting attorneys, court clerks, treatment providers, law enforcement, and other probation agencies to help offenders have a positive outcome. This, in turn, tends to help those other agencies by greatly reducing court time in tracking offenders on probation.