The El Cajon Municipal Court's Antabuse Counselling Program

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Lenard Garey Bailey
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1 The El Cajon Municipal Court's Antabuse Counselling Program Thomas G. Duffy* BACKGROUND REVIEW Because o f the apparent success o f the El Cajon M unicipal C ourt s Drinking Driver Educational Program (see Appendix A), which had been established several years ago in cooperation with the University of California Extension, the State of California had decided to expend funds to examine this program. The State, in co-operation with the Court, also established a special section of the San Diego County Probation Department in El Cajon as a pilot project to furnish the judges of the El Cajon Court with probation reports for all persons convicted of driving under the influence (DUI). It soon became apparent that many of the traditional sanctions imposed by the Courts were ineffective as to a small number of individuals convicted of DUI offences. Quite often, those individuals were found to be serious problem drinkers. In the past many had paid fines, lost their licences and spent considerable periods of time in custody. Many of those who had been incarcerated fell into their old habits of alcohol abuse soon after being released from custody. It was felt that if such individuals could be forced to function in their own environments without drinking for- a period of time that was at least comparable to the time they would normally have spent in custody, such individuals would be better able to cope with the problem of alcohol abuse. If this could be accomplished, such defendants would be able to retain their jobs and there would be no necessity for many of their families to go on welfare. It was for these reasons that the El Cajon Municipal Court and the probation officers of the El Cajon Probation Department Office involved with DUI decided to implement an antabuse program on an experimental basis. This program is used in conjunction with family counselling, community mental health and often alcohol rehabilitation programs. PROCEDURE The Probation Departm ent will make a recommendation that an individual might be a suitable candidate to participate in the antabuse program only after it has made a rather extensive investigation and it has determined that the individual has a serious alcohol problem. Before making such a recommendation, the probation officer has interviewed the individual and conducted various approved tests to determine whether the individual is developing a problem with alcohol. The probation officer also contacts the defendant s spouse and im m ediate fam ily, and reviews the defendant s prior record o f contacts with law enforcem ent agencies. G enerally, with the individual s consent, the probation officer will also contact the individual s em ployer to review the past history o f em ployment, etc. a Judge, El Cajon Municipal Court, El Cajon, California, U.S.A. The El Cajon Municipal Court is a five-judge court located in Southern California, serving a population of approximately people. 591

2 592 T. G. Duffy The Probation Departm ent never suggests that the taking of antabuse should be a mandatory requirement. It merely makes a recommendation to the Court that if the Court feels defendant should be placed on probation, one of the conditions of probation should be: that defendant be examined by a physician of his choice within seven days and if his physician determines that he is physically able to take antabuse, he is to take antabuse under the supervision of the probation officer or a responsible person or agency designated by him, pursuant to the directions o f his physician. Prior to making this recommendation, the probation officer has explained to the defendant the antabuse program. A detailed explanation concerning the effects of drinking after taking antabuse is also given. Written information is also distributed to these individuals. The defendant is told about the numerous individuals who have successfully participated in the antabuse program. It should be stressed that the probation officer will only recommend that a defendant participate in the antabuse program where it appears that the defendant s drinking causes him to be a danger to him self and the the community. The alternative recomm endation would usually be incarceration since other alternatives to custody (i.e. fines, revocation of licence, alcohol education and rehabilitation programs) have already been utilised by the courts. Since the defendant can always refuse probation, he naturally does not have to participate in the antabuse program. Also, if his doctor feels that the defendant is not physically able to take antabuse, this recom m endation will be deleted. As o f November 1976, over 1200 persons have been placed on the antabuse maintenance program. Approximately 650 persons are presently in the program and over 400 persons have successfully com pleted it (see A ppendix B). All individuals are supervised by the Probation D epartm ent. The average antabuse m aintenance time per person is approxim ately one year or 250 working days. Since there are approxim ately 110 Saturdays and Sundays and eleven holidays, a probation officer does not supervise the individuals on those days. However, antabuse does not wear off in any one-day period and once a person takes antabuse daily, the effects do not wear off for several days. Thus, a person who takes antabuse on a Friday will have unpleasant feelings if he attem pts to drink on the weekend. Approximately 100 probationers appear daily for the administration of antabuse at the El Cajon Probation D epartm ent Office. Others are adm inistered the drug through other probation departm ent branch offices, family doctors, employers, pharmacists, relatives or close friends approved by the Probation D epartm ent. ESTIMATED COSTS Locally approximately five manhours are spent daily supervising the taking of antabuse by individuals. This drug adm inistration cost is estimated to be $15,000. Approximately one hundred o f the probationers taking antabuse are under form al supervision. Based on a recent survey, the Probation D epartm ent estimates that each probationer on antabuse receives a minimum of ten hours counselling, interviewing and reviewing during the time that he is receiving antabuse. The total estimated cost to the County for maintenance of the antabuse program through the Probation D epartm ent for 1200 persons is $256,400. (See Appendix B). It is estimated that approximately 80 per cent of those persons now taking antabuse would have been incarcerated in the County Jail or Adult Institutions. The average length of stay in the County Jail or Adult Institutions for alcohol related offences has been determined to be approximately 105 days, and the average cost of maintaining an inmate in custody has been determ ined to be $21.00 per day. Therefore, by these individuals not being incarcerated, it is estim ated that the County has saved the sum o f $2,116,800.

3 The El Cajon Municipal Court s Antabuse Counselling Program 593 SAVINGS OF WELFARE EXPENDITURES In addition to the above savings, studies have shown that 80 per cent of the families of the persons placed on antabuse (768 families) would have had to go on welfare if the individual had been incarcerated. It is estimated that the total cost of $60.86 per family is incurred in interviewing and reviewing each family. The average compensation paid by the Welfare Department to each family is $299. On the average those welfare payments would be paid for five months as it generally takes a minimum of one month before an individual is employed and compensated. The total savings to the County and other governmental agencies affected as a result o f not having these families on welfare is estimated at $1,194,907. FINES W hen an individual is placed in custody, as a general rule no fine is imposed and quite often fines previously imposed are deleted. W hen individuals are placed on the antabuse program, such individuals are still required to pay a fine as a condition of probation. The average fine paid by an individual on the antabuse program is $300. The total fines which would not have been collected but which are now collected under the antabuse program are $230,000. TOTAL NET SAVINGS The total savings to the County and other agencies would be $3,541,707 less the estimated cost o f County antabuse m aintenance ($256,400), or a net saving o f $3,285,307. OTHER INDIRECT SAVINGS There is no way to determine at the present time the savings incurred to the individuals and general public because of the reduction in the num ber of accidents, injuries and deaths attributed to those individuals now on antabuse who otherwise would have continued to abuse alcohol and drive. Disregarding the tremendous monetary savings to the County and other agencies as a a result o f the antabuse program, the individuals affected have shown a trem endous im provement both mentally and physically. An independent survey made by a Grossmont College student of some eighty-five persons on antabuse tends to verify this statement. (See Appendix C). As of this date, the Probation Departm ent has received very few complaints regarding serious side effects or deficiencies by any individuals taking antabuse. Individuals placed on antabuse are also counselled by their doctors and the probation officer as to the dangers of drinking on top of the antabuse, as well as possible reactions from shaving lotion, hair spray, wine vinegar, alcohol rubs and certain other effects noted in laboratory reports. If adverse symptoms do persist, individuals are referred back to their physician. It has been observed that the large majority of defendants do resist at first, but within two to three months, they begin to feel better, are getting along with their families and work better. Also, they begin to develop a much more stable financial situation. (See Appendix D).

4 594 T. G. Duffy CONCLUSIONS Although no extensive survey has been made, it is quite apparent that the antabuse counselling program has been successful beyond our expectations. APPENDIX A DRINKING DRIVER SCHOOL STATISTICS TO DATE D ated 30 Decem ber 1976 from Doris R. Rogers, Clerk of the El Cajon M unicipal Court TOTAL NUM BER ENROLLED: (to ) RE-ARRESTS FO R YEAR 1971 IN FO R YEAR 1972 IN FO R YEAR 1971 IN FO R YEAR 1972 IN FO R YEAR 1973 IN FO R YEAR 1971 IN F O R YEAR 1972 IN FO R YEAR 1973 IN FO R YEAR 1974 IN FO R YEAR 1971 IN FO R YEAR 1972 IN FO R YEAR 1973 IN FO R YEAR 1974 IN FO R YEAR 1975 IN FO R YEAR 1971 IN FOR YEAR 1972 IN FO R YEAR 1973 IN FO R YEAR 1974 IN FO R YEAR 1975 IN FOR YEAR 1976 IN (T O )

5 The El Cajon Municipal Court s Antabuse Counselling Program 595 A P P E N D IX B SUMMARY OF EXPENDITURES A N D SAVINGS SAVINGS (Statistical information supplied by the San Diego County Probation Department, El Cajon Office.) C osts o f Incarceration (at $21.00 per day) 80% o f the 1200 defendants would have been incarcerated. Average period o f incarceration is 105 days. 80% of 1200 = 960 x 105 x $21.00 = $2,116,800. W elfare Charges O f the 960 persons who would have been incarcerated, 80% had families who would be forced to request welfare assistance or 768 families. Average Welfare Assistance would be 5 months. 5 months x 768 families x 299 (average monthly welfare pay) = 5x768x299 = $1,148,160 Processing Costs $60.86 x 768 = 46,747 1,194,907 Fines collected that would not have been imposed (300 x 768 defendants) 230,000 Gross Savings $3,541,707 EXPENDITURES A dm inistrative Costs: Administering antabuse, Interviewing, Counselling, reviewing, form al probation processing, etc. Average cost o f $ per person x 1200 defendants = Less Expenditures Total Net Savings $256, ,400 $3,285,307

6 596 T. G. D uffy ; A P P E N D IX C A questionnaire given to some eighty-five persons on antabuse by a student at Grossmont College indicates the following breakdown from the seventy-two replies: Since you started on the antabuse program Yes No Undecided Has your relationship with your family improved? 81% Has your health im proved- 68% Has your financial situation improved? 58% Has your jo b perform ance improved? 63% Has your circle o f friends changed 45% (non-drinkers or light drinkers) Did you initially resent being ordered to take antabuse? 42% Do you resent it now? 14% Has there been a change in your religious or spiritual life? 15% Has there been a change in your sex life? 24% Better? 10% Has antabuse adversely affected your health? 19% Tired 5; depressed 1; taste 2; sleepy 6; nervous 1; headache 1. W ould you still be drinking if not on antabuse? 34% 50% 16% Will you drink after the program? 12% 70% 18%

7 The El Cajon Municipal Court's Antabuse Counselling Program 597 A PPEND IX D Antabuse Report submitted by the San Diego County Probation Department; memorandum from William C. Ammon, Supervising Probation Officer, dated 23 January Number Action 29 Deleted Antabuse by Court Order. 400 Completed successfully six to twelve months of antabuse... 9 of these have had new offences for drinking...5 have had Vehicle Code Section 23102a convictions, 3 new ones not resolved... 7 have started taking antabuse again because they were afraid they would start drinking 48 Probation revoked for drinking o f these have been reinstated to probation and are again on antabuse 11 Revoked for non-drinking violations or failures to comply with conditions o f probation 36 Revoked for non-drinking violations or failures to comply with conditions o f probation 36 Probations have been modified because of drinking while on antabuse of these are still taking antabuse... 1 case was dismissed... 1 obtained a medical excuse 10 Probations were modified for non-drinking violations... 5 of these continued on probation to take antabuse 31 Bench Warrants have been ordered for probationers who absconded and were reported drinking, having been on antabuse... 9 o f these have been apprehended and again placed on antabuse 12 Bench Warrants were ordered for defendants who absconded and were reported drinking but had never started to take antabuse... 1 o f these has been apprehended and is now taking antabuse 9 Bench Warrants were ordered for defendants who were not reported drinking, but did abscond... 5 of those were returned to Court and placed on antabuse, one of whom has successfully completed over a year of taking antabuse 29 Bench Warrants have been ordered for defendants who absconded and it is not known if they were drinking or not 18 Defendants were known to be drinking while on antabuse on more than an experimental basis, but they were not reported to the Court as it was believed they would continue on the Program without further violations. There were no law violations in this group. Thus far. three have successfully completed more than one year of antabuse 172 Defendants have been medically excused from taking antabuse, either before they started or due to adverse reactions 5 Deceased: 3 alcohol related: 2 non-alcohol related

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