Kansas State of the State on Social Hosting and Youth Access to Alcohol

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1 Kansas State of the State on Social Hosting and Youth Access to Alcohol A review of the law, how it has been enforced and why addressing youth access is important 0 BACKGROUND A growing number of states have instituted social host laws, which are designed to cut down on underage drinking. As of January 0, 8 states have adopted such laws, an increase of 0 states since 00. These laws impose criminal or civil penalties on hosts who permit underage drinking on their property. Law enforcement officials across the nation say many teenagers find access to alcohol at house parties. Studies have shown that these parties are often where teens first start binge drinking. The social host laws allow police to arrest the host, without establishing who supplied the alcohol. In the fall of 0, the Kansas Leadership to Keep Children Alcohol Free Statewide Committee began reviewing social host arrest data. The initial Kansas social host law was enacted in 00 and since that time the law has had three additional language revisions, one in 00, 00 and 0. The committee was interested in answering some of the following questions: Have social host arrests increased since the law was enacted? If there were increases, in what counties were they taking place? Were there common external factors that contributed to more versus fewer social host arrests? Was there a relationship between the number of social host arrests and a reduction in 0-day youth alcohol use? Was there anything else to learn by looking at the social host arrest data in various ways? Kansas Leadership to Keep Children Alcohol Free is a statewide committee coordinated by the Kansas Family Partnership that is committed to making the reduction of alcohol use by youth a priority throughout the state of Kansas. Its goals are to educate, energize and focus attention on the issue of underage drinking.

2 WHY SHOULD WE CARE ABOUT UNDERAGE DRINKING? WHAT IS THE SOCIAL HOST LAW? Underage drinking impacts our youth in a variety of ways that should increase our level of concern and dedication to reducing it. Alcohol is a factor in 0-% of all suicides among youth. Nationally, motor vehicle fatalities are the number one killer of teenagers and young adults. More than % of such fatalities involving persons ages -0 are alcohol-related. Over the past five years people have been killed and,0 injured in alcohol-related crashes involving teen drivers in Kansas. Alcohol is easy to get according to the 0 Kansas Communities that Care Survey. Over 8% of 0th graders and 0% of th graders say alcohol is very easy to get. Over % of 8th graders, % of 0th graders and % of th graders report they have drunk alcohol at least once in the last 0 days. Binge drinking by youth, that is having more than five drinks at one setting in the last two weeks, ranges from.% of th graders to % of th graders. While there has been a decline in these percentages over several years, in 0 there was an uptick in both 0-day use and binge drinking for 0th graders. WHY SHOULD WE CARE ABOUT UNDERAGE DRINKING? $0 million It is estimated that underage drinking cost the citizens of Kansas $0 million in 00. These costs include medical care, work loss, and pain and suffering associated with the multiple problems resulting from the use of alcohol by youth. Violence by youth (homicide, suicide, aggravated assault) and traffic crashes from underage alcohol use represent the largest cost for the state. Additional issues involve teen mothers, with the cost of fetal alcohol syndrome (FAS) costing Kansas $ million alone. Underage drinking also contributes to treatment costs. Young people who begin drinking before the age of are four times more likely to develop alcohol dependence and are two and a half times more likely to become abusers of alcohol than those who begin drinking at age. In 0,.% of all treatment admissions for alcohol abuse in the state were youth ages -0 years old. Understanding of the social host law is best accomplished by knowing the exact language of the statute. Statute -08 reads as follows: (a) Unlawfully hosting minors consuming alcoholic liquor or cereal malt beverage is recklessly permitting a person s residence or any land, building, structure or room owned, occupied or procured by such person to be used by an invitee of such person or an invitee of such person s child or ward, in a manner that results in the unlawful possession or consumption therein of alcoholic liquor or cereal malt beverages by a minor. (b) Unlawfully hosting minors consuming alcoholic liquor or cereal malt beverage is a class A person misdemeanor, for which the minimum fine is $,000. If the court sentences the offender to perform community or public service work as a condition of probation, as described in subsection (b)(0) of K.S.A. 0 Supp. -0, and amendments thereto, the court shall consider ordering the offender to serve the community or public service at an alcohol treatment facility. (c) As used in this section, terms mean the same as in K.S.A. -0 and amendments thereto.* (d) The provisions of this section shall not be deemed to create any civil liability for any lodging establishment, as defined in K.S.A. -0, and amendments thereto. * This statute defines alcoholic liquor, cereal malt beverage and a minor. ENFORCEMENT Enforcement of the social hosting law is provided either by local law enforcement or Alcoholic Beverage Control. Enforcement may take the form of an arrest or a citation. An arrest is typically when an officer takes physical custody of a person for a violation. The person is not free to leave the premises. The person is then transported to a county facility to be booked for the violation. The person may bond out at booking. This procedure may be used when there is some question as to the identity of a person in custody or if the person is somehow impaired and it would be unsafe to release them. Combatant persons are also candidates for arrest. A citation is a Notice to Appear before a court to answer to the charge alleged. A person may receive a citation and be released from temporary custody from the police. Juveniles are released to a parent or guardian or when they are not available they will be turned over to Juvenile Intake. In some jurisdictions, courts and or police agencies will require the physical booking in of persons if they reside from outside of the local jurisdiction. That then requires a LOCAL LAW ENFORCEMENT Enforcement of social host law violations within a city or county are addressed by the local law enforcement agencies. How these are handled and the extent to which violations are addressed may vary by jurisdiction. person to set a bond to return on a specific date to appear before the court. Enforcement is provided either by local law enforcement or Alcoholic Beverage Control. ALCOHOLIC BEVERAGE CONTROL S (ABC s) ROLE ABC s role with local law enforcement, the industry and the community at large is to be a subject matter resource. Agents regularly interact with local law enforcement to respond to complaints of violations of the liquor control act in their respective communities. ABC has a protocol for investigations that they will utilize to verify information received from law enforcement. ABC agents may initiate an investigation for both administrative violations as well as possible criminal activity. ABC works together with local law enforcement to share both information and investigative tactics. In some cases both local law enforcement and the ABC agent work side by side when responding to reports of social hosting. In some jurisdictions a formal memorandum of agreement or understanding exists to form a task force specifically focused on social hosting and related liquor control issues.

3 DATA Social host arrest data was obtained from the Kansas Bureau of Investigation for the years Because of differences in how some counties and cities report, there are some limitations in comparing the data by county (some counties issue citations which are not included in this data). Based on these differences, the data below may not completely reflect the total number of arrests/citations that have occurred in a particular jurisdiction. For purposes of review, the committee used existing arrest data available to give a snapshot of where the social host law has been enforced since it was enacted and to provide a basis for obtaining additional information. This information does not include social host citations. This data may be obtained through local law enforcement agencies for more precise information on enforcement of the social hosting law. SOCIAL HOST ARRESTS (By number of arrests and by county, for each year) YEAR Arrests 0 0 By county HOST ARRESTS, 00- (By county) A total of counties had social host arrests from They include: Allen, Bourbon, Brown, Butler, Cherokee, Clay, Cloud, Cowley, Doniphan, Douglas, Ellis, Finney, Ford, Franklin, Greeley, Harvey, Jackson, Jefferson, Johnson, Kingman, Labette, Leavenworth, Linn, Logan, Marion, Marshall, McPherson, Miami, Mitchell, Montgomery, Morris, Nemaha, Neosho, Norton, Osage, Pawnee, Phillips, Pottawatomie, Pratt, Rawlins, Reno, Rice, Riley, Rooks, Rush, Russell, Saline, Sedgwick, Seward, Shawnee, Sheridan, Sherman, Sumner, Thomas, Trego, Wabaunsee, Wichita, Wilson, and Wyandotte Counties. TOP COUNTIES (Listed below) NO ARRESTS TOP FOURTEEN COUNTIES FOR SOCIAL HOST ARRESTS (By year) County Total Butler Reno Ellis Johnson McPherson Cowley Ford Sedgwick Finney Allen Saline Thomas Riley Harvey Total

4 REVIEWING THE DATA A review of county data indicates: 8.% of all social host arrests since 00 have occurred in the counties listed above. Kansas counties had social host arrests (.%) while counties had no social host arrests (.%). 0% of Kansas counties only had one social host arrest from The greatest percentage increase in social host arrests occurred between the years and During these years, language in the law changed and a statewide campaign to educate communities about social hosting occurred. Seven out of the top 0 counties with the most social host arrests have 0-day alcohol use rates below the state average of %. Total arrests from counties with SPF-SIG (Strategic Prevention Framework - State Incentive Grant) coalitions represented nearly % of all of the social host arrests in the state. Additional information: To obtain information from coalitions regarding the issue of social hosting, a survey was ed to all SPF-SIG coalitions. Nine responses were received representing eight of the coalitions from eight counties (Barton, Dickinson ( responses), Finney, Geary, Kingman, Nemaha, Shawnee, and Woodson). Coalitions were asked about their partnerships with law enforcement, amount of funding dedicated to social hosting, and needs. Responses included: Seven of the eight coalitions focused on social hosting and all seven partnered with law enforcement. Amount spent on social hosting ranged from $,000 to $0,000 for the grant period ( years). Additional strategies or resources that were identified as needed included: 8% responded that increased community involvement was needed; % responded that additional law enforcement funding was needed; % responded that additional legislation was needed. Law Enforcement Input An additional survey was ed to,00 law enforcement contacts through the Kansas Traffic Safety Resource Office. This survey was designed to get input from law enforcement agencies on local procedures, policies, enforcement, strategies and needs related to enforcing the social host law. Forty-five responses were received from police departments. Responses included: Operational steps to enforce the social hosting law have included underage drinking checks and increased patrolling; 0 out of agencies reported that they did not have any additional policies or procedures to address social hosting beyond the state law; of respondents (%) reported they had issued violations against social hosting; Four of respondents indicated that they work with community coalitions on social hosting issues (three were SPF-SIG coalitions); Reactions by violators of the social hosting laws included claims that they were unaware of what was going on, that youth showed up drunk at parties; confusion about social hosting versus furnishing alcohol to minors, or confusion about why the law was suddenly being enforced when it had not been in the past; Needed additional strategies or resources that were identified included: %: More community education %: Increase in enforcement funding %: New or revised social hosting law %: More support from superiors Other comments included: All law enforcement agencies need to enforce the law. Kids know who will and will not enforce it. Laws need to incorporate stronger sentencing guidelines and penalties. Parental education and instruction on how to recognize their children s behaviors and actions is needed. Create a pass-through funding mechanism similar to STEP program. Why Are the Social Host Arrest Numbers so Low? The Kansas Leadership to Keep Children Alcohol Free Committee recognizes that arrest data alone does not complete the picture of what is going on in different counties related to social hosting. Some counties may issue citations, but not actually arrest anyone. Arrests may not be prosecuted or those arrested and prosecuted may not be found guilty. Each jurisdiction may address social hosting in a different way. The data included in this document is meant to be a snapshot of what is happening in counties around this issue. Using the Data The Committee encourages coalitions and others to review the data and consider asking additional questions based on the arrest data included in this report. For example, both coalitions and law enforcement responded that new or revised laws are needed to curb social hosting. But what new or clarifying language is needed? Here are a few questions that might be asked to further understand your county social host arrest numbers: Law Enforcement Does the data show a high or low level or enforcement or none at all? Are there funds available for enforcement? Do I have staff to support social hosting enforcement? Is social hosting or reducing underage drinking a priority? Is there judicial support? Does the community support enforcement? Community What is social hosting? Is the community aware of the social host law? Do community norms support enforcement of the social host law? If the law is enforced, do I perceive it is enforced consistently? Is the school delivering messages about social hosting? Who are the community partners/organizations that support social hosting enforcement? What is more can the community do to change attitudes about social hosting? Parents Are you aware that Kansas has a social host law? Do you know the consequences of social hosting? Do you think it is OK for someone to give your child alcohol? Are you willing to risk the life or well-being of someone else s child by social hosting? What is your role? What Will You Do? By reducing youth access to alcohol we can do our part in helping reduce youth alcohol use. We can reduce the numbers of alcoholrelated traffics crashes and reduce the other harms related to underage drinking. Providing alcohol to youth is never a good idea. Do your part, by educating others, supporting law enforcement, and being clear to youth that underage drinking is harmful. What is going on in your county? Take a look at your county level social host arrest data and begin to ask questions. By asking questions, you and your community can begin to develop and implement effective strategies that will protect Kansas youth. Levy, D. T., Miller, T.R., & Cox, K.C. (00). Underage drinking: societal costs and seller profits. Working Paper. Calverton, MD: PIRE. Grant, B.F., & Dawson, D.A. (). Age at onset of alcohol use and its association with DSM-IV alcohol abuse and dependence: Results from the National Longitudinal Alcohol Epidemiologic Survey. Journal of Substance Abuse :0-0. Office of Applied Studies, Substance Abuse and Mental Health Services Administration. Treatment Episode Data Set. (0). Substance Abuse Treatment by Primary Substance of Abuse, According to Sex, Age, Race, and Ethnicity, 00. Available [On-line]: umich.edu/icpsrweb/sam- HDA/studies/0.

5 ADDENDUM SOCIAL HOST ARRESTS BY YEAR (With number of counties and county names) YEAR SOCIAL HOST ARRESTS NUMBER OF COUNTIES COUNTY NAMES 00 Butler, Saline 00 Butler, Cowley, Ellis, Harvey, Johnson, Pratt, Saline Butler, Brown, Cowley, Ellis, Ford, Leavenworth, McPherson, Sedgwick 00 0 Butler, Allen Brown, Ellis, Ford, Harvey, Johnson, Leavenworth, McPherson, Mitchell, Montgomery, Norton, Phillips, Reno Riley, Russell, Saline, Sedgwick, Seward, Wichita, Kansas Highway Patrol Butler, Brown, Clay, Cowley, Doniphan, Ellis, Finney, Ford, Franklin, Harvey, Jackson, Johnson, McPherson, Miami, Mitchell, Norton, Phillips, Pratt, Reno, Rice, Riley, Rooks, Sedgwick, Seward, Shawnee, Sherman, Thomas, Wabaunsee, Kansas Highway Patrol 00 0 Butler, Allen, Cherokee, Cowley, Ellis, Finney, Ford, Harvey, Johnson, Kingman, McPherson, Marion, Marshall, Miami, Montgomery, Morris, Rawlins, Reno, Rice, Riley, Saline, Seward, Shawnee, Sheridan, Sherman, Trego, Wyandotte, Alcoholic Beverage Control 00 Butler, Allen, Cowley, Doniphan, Douglas, Ellis, Finney, Ford, Harvey, Jackson, Johnson, Labette, Leavenworth, Logan, McPherson, Marion, Mitchell, Neosho, Osage, Pawnee, Phillips, Reno, Rice, Riley, Russell, Saline, Sedgwick, Seward, Sheridan, Thomas, Wilson, Alcoholic Beverage Control 0 Butler, Allen, Bourbon, Cloud, Cowley, Douglas, Ellis, Finney, Ford, Greeley, Harvey, Jefferson, Johnson, Leavenworth, Linn, Logan, McPherson, Marion, Mitchell, Montgomery, Nemaha, Neosho, Phillips, Pottawatomie, Reno, Rush, Russell, Saline, Sedgwick, Seward, Sherman, Thomas, Kansas Highway Patrol TOTAL different counties

6 Kansas Leadership to Keep Children Alcohol Free is a statewide committee coordinated by the Kansas Family Partnership that is committed to making the reduction of alcohol use by youth a priority throughout the state of Kansas. It s goals are to educate, energize and focus attention on the issue of underage drinking.