Intensive Probation Supervision Options for the DWI/DUI Offender: DWI Courts & Police / Probation Partnerships

Intensive Probation Supervision Options for the

DWI/DUI Offender:

DWI Courts &

Police / Probation Partnerships

Paul Hofmann

NHTSA Probation Fellow

C/O American Probation

and Parole Association

Probationfellow@csg.org

720-308-3784

Les P. Schultz

Probation Director

Brown County Minnesota

Les.schultz@co.brown.mn.us



Introductions



NHTSA / APPA Partnership



DWI Courts



Intensive Supervision Programs



Project Night Hawk



Ignition Interlocks



Explain Probation Fellow Project



Describe Elements of DWI Courts



Discuss Examples of Law Enforcement &

Probation Partnerships

National Highway Traffic Safety

Administration

Mission

Save lives, prevent injuries and reduce

economic costs due to road traffic

crashes, through education, research,

safety standards and enforcement activity

Reducing Impaired Driving Fatalities

Through



High Visibility Law Enforcement



Media Campaigns



Enhanced Prosecution &

Adjudication



Screening and Intervention

0 1 2 3 4 5 6 66 68 70 72 74 76 78 80 82 84 86 88 90 92 94 96 98 00 02 04 6

Motor Vehicle Fatalities:

Lowest Rate in Recorded History

2010

Rate



Law Enforcement Liaisons (State Level)



Traffic Safety Resource Prosecutor (State

Level)



7 Judicial Outreach Liaisons



2 Judicial Fellows



Since 2009 NHTSA has Partnered with APPA

for a Probation Fellow



NHTSA



Promote



DWI Courts



Ignition Interlocks



Community

Supervision



Reducing Recidivism



APPA



Promote



Evidence Based

Practices



Targeting High Risk

Offenders



Screening and

Assessment



Reducing Recidivism

Probation Fellow Position

Learning Objectives

Elements and

Effectiveness

of DWI Courts

Problem Solving Courts

o ADULT DRUG COURT

o MENTAL HEALTH COURT

o JUVENILE DRUG COURT

o DWI COURTS

o RE-ENTRY COURTS

o TRIBAL WELLNESS COURTS

o FAMILY/D&N COURT

o TRUANCY COURTS

o DOMESTIC VIOLENCE

o COMMERCIAL/BUSINESS

o CHILD SUPPORT COURT

o GAMBLING COURT



Problem Solving Courts- “focus on closer

collaboration

with the service

communities in their jurisdictions and

stress a collaborative multidisciplinary,

problem-solving approach to address the

underlying issues

of individuals

appearing in court”

(National Institute of Corrections)

Law

Treatment

Provider

Prosecutor

Court Coordinator

Probation

Judicial Officer

Offender

Defense

Counsel

A Coordinated Team Effort

Advocates

Researcher

Drug Court 10 Key Components



Integrate treatment in

justice processing.



Non-adversarial

approach.



Identify clients early.



Continuum of services.



Frequent testing to

ensure sobriety.



Coordinated strategy

of responses to

client behaviors.



Judicial interaction.



Program evaluation.



Continuing

education.



Partnerships and

collaboration.



“There have been no less than five meta-analyses of the

research on drug courts, involving at least 5 experimental

studies and dozens of quasi-experimental studies.”



“Drug Courts produce a national

average

of $2.21 benefit

for every $1.00 invested ($624 million total)”



“Well-functioning drug courts were found to reduce crime

rates by 35% and the effects have been shown to last at

least 3 years. In one study in Oregon, effects on crime

were shown to have lasted an astounding 14 years.”



Completing Drug Court reduces recidivism



Longer time in TX lowers Recidivism



Coerced patients stay in TX longer

Based on

the Tested and Proven

DRUG COURT Model



#1: Determine the Population



Be Specific -- some examples are



2

nd

DWI lifetime or 1

st

with BAC > .15



BAC of .20 or higher with prior DWI/DUI



3

rd

DWI lifetime



2

nd

or 3

rd

DWI with one prior within last 5 years.



2

nd

time offender with probation violation



#1: Determine the Population



#2: Perform a Clinical Assessment



#3: Develop the Treatment Plan



#4: Supervise the Offender



#1: Determine the Population



#2: Perform a Clinical Assessment



#3: Develop the Treatment Plan



#4: Supervise the Offender



#5: Forge Agency, Organization, and

Community Partnerships



#6: Take a Judicial Leadership Role



#7: Develop Case Management Strategies



#8: Address Transportation Issues



#9: Evaluate the Program



#10: Ensure a Sustainable Program

Guiding Principles of DUI Courts



Michigan Study



Fewer re-arrests & cost savings



Wisconsin Study



Lower Recidivism for any new arrest



Georgia Study



Lower recidivism rates



Community Support and Coordinated

Strategy



Written Policy and Procedure



Ongoing Interdisciplinary Training



Program Evaluation and Modification



Funding



174 Stand Alone DWI Courts



395 Hybrid DWI Courts

“MADD supports the use of post-adjudication

DUI/DWI courts that employ the strategies of

close supervision, frequent alcohol and other

drug testing, and ongoing judicial interaction

to integrate alcohol and other drug treatment

services with the justice system. MADD

recommends that DUI/DWI courts should not

be used to avoid a record of conviction and/or

license sanctions.”

MADD National Board of Directors



“GHSA supports DWI courts and

urges states to work with their state

criminal justice agency counterparts

to implement them where appropriate.

GHSA also recommends that NHTSA

evaluate DWI courts to determine

their effectiveness”



www.NHTSA.gov



www.APPA-net.org



www.nadcp.org



www.dwicourts.org



www.courtinnovation.org

Resources