24/7 SOBRIETY PROGRAM. Presented by Circuit Judge Larry Long
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1 24/7 SOBRIETY PROGRAM Presented by Circuit Judge Larry Long
2 DUI FELONIES FY 99- FY TOTALS DWI DWI 4 & 5 Vehicular Battery Vehicular Homicide FY99 FY12 Convictions 9,704 2, ,414 FY99-FY12 ALL FELONY CONVICTIONS 40,495 DUI s felonies consist of 30.7% of all Felony Convictions
3 OTHER FELONIES FY99-FY12 Convictions FY99-FY12 Percentage Possn. of Cont. Subst A- 17(1) Grand Theft Forgery rd Degree Burglary Aggravated Assault 12,573 5,741 3,668 2,691 3,408 31% 14.2% 9.1% 6.6% 8.4% DUI and controlled substances felonies total 61.8%
4 ALCOHOL/DRUGS IN SOUTH DAKOTA PENITENIARY Alcohol Dependent: 72% of men 66% of women Meth Dependent: 27% of men 45% of women Combined: 87% men 91% women
5 GOAL Defendant sobriety- 24/7 Target group- anyone arrested for DUI with prior conviction in last 10 years
6 BOND CONDITIONS No alcohol No bars Breath test- 7am and 7pm If you skip or fail, you go to jail
7 PBT STATS February 1, 2005 January 1, ,706 Participants (active and completed) 8.29 Million Total Tests Administered Passing Rate: 99.1%
8 A Continuous Alcohol Monitoring System
9 SCRAM STATS November 6, 2006 January 3, ,347 Participants 1.39 Million Days Monitored Fully Compliant - 76% Non-Compliant - 24% 1,128 Confirmed Drinking Events 4,462 Confirmed Tampers
10 INTOXALOCK Ignition interlock system that prevents an alcohol intoxicated driver from operating a vehicle. Authorities can monitor the offender through: - A small camera mounted in the vehicle, producing high quality daytime and infrared nighttime photos to identify who has provided the breath sample. - GPS Technology pinpoints the location of starts, sample requests and stops including date, time, coordinates, heading and speeding for each event - Real-Time Reporting instantly uploads the results of breath samples, sample requests, their corresponding photos and GPS location. - Anti-Circumvention/Anti-Tampering included.
11 INTOXALOCK STATS October 1, 2012 January 1, Participants 697,284 Tests Administered 693,373 Tests Passed Passing Rate: 99.44%
12 DRUG URINALYSIS Detection of drugs through urine test Detectable drugs Cocaine Opiates Amphetamines Marijuana Oxycodone PCP Antidepressants Ecstasy
13 URINALYSIS STATS July 1, 2007 January 1, ,278 Participants 158,071 Tests Administered Passing Rate: 96%
14 Detection of drugs through sweat Patch lasts for 7-10 days Drugs detected from 1-2 days before patch applied and up to 24 hours prior to removal Detects Cocaine Opiates Amphetamines Marijuana PCP DRUG PATCH
15 DRUG PATCH STATS July 1, 2007 January 1, Participants 6,971 Tests Administered Passing Rate: 79.9%
16 24/7 PROGRAM RECIDIVISM ANALYSIS Compared to non 24/7 participants, arrest to arrest (next DUI offense) recidivism is substantially lower for 24/7 participants at 1, 2 and 3 years. Even lower rates are documented for individuals that have 30 and 90 days of consecutive twice a day testing on the program.
17 Rearrest rates of 24/7 program participants compared to non participants for second offense DUIs (Mountain Plains Evaluation, LLC)
18 Rearrest rates of 24/7 program participants compared to non participants for third offense DUIs (Mountain Plains Evaluation, LLC)
19 Rearrest rates of 24/7 program participants compared to non participants for fourth offense DUIs (Mountain Plains Evaluation, LLC)
20 STUDIES RAND Corporation November 2012 In SD Counties with 25% participation in 24/7 repeat DWI arrests down 12%, and Domestic Violence arrests down 9%. RAND Corporation Recent Study Implementation of 24/7 Sobriety associated with 4.2% drop in mortality from all causes; including 8% drop among women.
21 CASE LAW St. v. Lemler, 774 NW2d 272, (S.D. 2009) SCRAM Bracelet meets (DAUBERT) standard for presence of alcohol St. v. Spady, 2015 MT 218, 354 P3rd 590 (2015) Montana s 24/7 Program survives facial 4 th Amendment Constitutional Challenge U.S. v. Redd, 318 f3d 778 (8 th Cir. 2003) Sweat Patch results are reliable in probation revocation hearing. U.S. v. Drager, 2013 WL (2013) U.S. v. Rojos, 577 fed. Appx. 33 (2 nd Cir. 2014)
22 SD STATUTES Pre-trial Conditions of bail or release Probation Conditions of a suspended sentence Parole DOC uses 24/7 as a sanction in lieu of revocation Abused or neglected children 24/7 as a condition of returning children to the adult caregivers Work Permits 24/7 participation as a condition MANDATORY See SDCL 32-23; SDCL 1-11; and SDCL 26-8B
23 PERSONS KILLED IN ALCOHOL INVOLVED CRASHES (Source: SD Department of Public Safety Office of Accident Records)
24 WANT TO START 24/7?
25 24/7 PROGRAM WHAT S NEXT Other technology Immediate consequence
26 South Dakota 24/7 Sobriety Program
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