Behavioural Assessment of Québec Drivers Convicted of a Second or a Subsequent Impaired Driving Offence Under the Criminal Code

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1 Behavioural Assessment of Québec Drivers Convicted of a Second or a Subsequent Impaired Driving Offence Under the Criminal Code 1 J. Boudreault, 2 A. Brassard, and J.-P. Gagnon 1 Fédération québécoise des centres de réadaptation pour personnes alcooliques et autres toxicomanes 2 Direction des politiques et programmes en sécurité routière, Société de l assurance automobile du Québec Keywords Alcohol, assessment Abstract This paper provides a summary description of the program created to assess whether the conduct of individuals in connection with alcohol or drug consumption is consistent with the safe operation of a motor vehicle. This summary assessment program came into effect in Québec in Spring The paper also means to identify some of the features of the population in question. Introduction The summary assessment program is one of the measures implemented pursuant to Highway Safety Code amendments in December It is intended for persons sentenced at least twice for impaired driving under the Criminal Code. This paper describes the program as it pertains to repeat offenders and attempts to profile them. It bears mentioning that the program, through various other mechanisms, also makes it possible to assess persons with drug and alcohol problems who have never been sentenced. Program The set of activities connected with summary assessment enables the SAAQ to decide whether or not to issue a person a license to drive, based on a report that determines the individual's fitness to safely operate a motor vehicle given that person's behaviour in relation to alcohol and/or drugs. The program has two specific objectives, one concerning individuals and the other concerning services. As regards individuals, assessment is aimed at measuring the severity of their situations, and, when necessary, their motivation to change their behaviour and act in a way that does not compromise safe driving. Their participation throughout the process is crucial, as is the need to identify the goals to be achieved, to craft a support plan tailored to them, and to verify whether they have reached their goals.

2 As regards the second objective, the focus is on ensuring that the services needed in assessment and in the development of support plans are available everywhere in Québec (1.5 million km 2 ); on developing mechanisms for coordinating assessment and support resources; and on establishing conditions that promote continuous quality improvement and that enable exchange and validation by the various players. Lastly, approaches that build on what has already been achieved are favoured. Given that the decision to issue a license is entrusted to the Société de l assurance automobile du Québec, it must take the necessary means to ensure that authorization to drive is granted only to those who have the skills and prudence required for public safety. These rules are entrenched in the Highway Safety Code and the attendant regulations. Summary assessment occurs as part of the process of re-issuing a license to drive and takes place within a specific framework separate from treatment and rehabilitation, which are considered means for the individual to achieve set objectives. The approach is tailored to the needs of clients and takes into account the particular steps they must take in order to drive safely. The assessment process spans one year, but anyone who has not achieved his/her goals can continue beyond the one-year period if they wish to be re-issued a license with or without conditions. The assessment tools are largely those already used within Québec's health care network. Some 100 trained assessors are asked to prepare the reports used in decision-making. The report itself, whatever the results, is but one component of the person's file. To carry out this mandate, the Société has signed an agreement with the Fédération québécoise des centres de réadaptation pour personnes alcooliques et autres toxicomanes, or federation of addiction rehabilitation centres, to ensure elaboration and coordination of the program, service coordination, transmission of assessment reports to those concerned, assessor training, and service follow-up and evaluation across Québec. The Fédération must see to it that the signatory institutions pledge to maintain a stable team of assessors trained specifically for the clientele in question and comply at all times with commitments regarding continuous improvement of the program. Under the agreement, the cost of assessment is set at $ and is charged to the person requesting re-issuance of a license to drive. Since the assessment process must enable the driver's level of risk of alcohol or drug abuse or dependence to be determined, the notion of severity is important. The following is a summary description of the Diagnostic and Statistical Manual of Mental Disorders or DSM-IV's severity scale: o Absence of risk of alcohol or drug abuse or dependence o Slight risk: presence of a few symptoms, but not sufficient to be qualified as abuse within the meaning of the DSM-IV o Moderate risk: presence of symptoms and criteria for abuse according to the DSM-IV, with the presence of a few physical symptoms o Major risk: presence of DSM-IV symptoms and criteria for abuse and dependence alike

3 Results The following three profiles describe the features of the target population at three different periods and provide program management and improvement data. Certain findings have emerged from these profiles, including the need for more in-depth studies. 1. Spring 1999 The following profile of assessment clients is from a survey by the Société (SPPUR) in Summer 2000, based on the first 1,384 recommendations regarding the assessments carried out between September 1998 and April The main findings are: 92.3% have an alcohol-related problem. 6.7% have an alcohol-related and a drug-related problem. 99.2% completed the support plan. 95% took part in every phase of the program. 41.4% are considered to be in good health by a physician. 32.4% have recorded health problems. They are, in descending order: diabetes, musculoskeletal problems, vision problems, blood pressure problems, mental illnesses, pulmonary and respiratory diseases, alcoholism, and epilepsy. In 26.2% of cases, there is no medical information available. 2. Spring 2000 The following data is derived mainly from a report commissioned by the Fédération, entitled Évaluation du Programme d évaluation des conducteurs (evaluation of the driver assessment program): 48.8% of the persons referred by the Société for assessment reported for assessment. Two thirds of the 48.8% re-applied for a license within three years, while the remaining third did so after more than three years. 94.5% are male. 96.5% are French-speaking. 62.8% had a regular job, 68.7% of whom had a full-time job. 50.8% never finished either elementary school or high school; 25.1% finished high school; 21.3% have post-secondary education. 21.8% are under age 35; 32.2% are between 35 and 44; and 35.9% are over % earned less than $20,000; 35.5% earned between $20,000 and $34,999; and 25.7% earned more than $35,000. Generally speaking, it took clients an average 75.2 days from the date of receipt of the Société letter informing them of the standards governing re-issuance of a license to drive to call the Fédération; and an average 108 days from the same date of reception for clients to pay for an assessment.

4 The overall level of satisfaction with the program was in the vicinity of 80.3%. Only 9.8% of clients had a clear idea of what to expect. 3. Winter 2001 From the beginning of the program to the end of December 2001, 12,216 people were informed that they would have to be assessed if they wanted to be re-issued a license to drive. Only 42% of the 12,216 reported for assessment. The data gathered from this period was aimed at describing the severity of the situation of the persons assessed, at qualifying the highway offences that occurred after the clients were referred for assessment and at breaking down these offences based on whether or not the clients opted for assessment. It was also thought it would be valuable to determine what proportion of referred clients owned a vehicle registered in their name. Severity of the situation of the persons assessed The following results describe the situation of the 5,210 people who completed assessment, based on the severity scale described above: 12.8% are considered as not having a drug or alcohol problem. 43.% have a slight alcohol problem. 11% have a slight alcohol problem and also use drugs. 16.6% have a moderate problem with alcohol. 7.7% have a moderate problem with alcohol and also use drugs. 4.4% have a major alcohol problem. 2.9% have a major alcohol problem and also use drugs. 1.5% have drug-related problems only. 23.1% of the persons assessed have drug-related problems. 87.4% met all requirements and were re-issued their license to drive. Offences The following data partly answers a frequently asked question concerning recidivism: Do offenders repeat? Assessment referral dates were used to enable comparison of the group that underwent assessment with the group that did not. In the group that underwent assessment, the timing of the offence (during the assessment period or after issuance of the license) is not included as a factor. Overall, 17.3% of persons referred for assessment committed offences after the date of referral. 80.1% of offences were committed by persons who had been assessed, compared to 19.9% by those who did not opt for assessment. Here, offences are divided by population (2 groups) and by type (4 types), with the following results:

5 Table 1: Breakdown of offences by type and population Offences Assessed persons Persons who were not assessed Criminal offences - Alcohol 9.1% 4.7% Criminal offences - Other 0.5% 0.8% HSC - Speeding 54.9% 10.4% HSC Other 15.6% 4.0% Total 80.1% 19.9% As you can see, persons who were assessed committed more offences than those who were not. Within the assessed group, the offences (speeding, failure to use a seatbelt or to make an obligatory stop) were mainly violations of the Highway Safety Code. As for criminal offences, both groups exhibited similar behaviour and accounted for 15.1% of all offences. However, for now, these results are not conclusive and should be considered findings only. Vehicles Cross-referencing with various data bases enabled matching of drivers and vehicles registered in their name. The results confirm that: 76% of the persons who were assessed had a vehicle registered in their name. 77% of offences were committed by persons who were assessed and who had a vehicle registered in their name. 25% of the persons who were not assessed had a vehicle registered in their name. 54% of offences were committed by persons who were not assessed and who had a vehicle registered in their name. Discussion The purpose of the data is to provide a more accurate portrait of the persons targeted by the 1997 measure and to improve the program. Even though current data is incomplete, we can nevertheless say that only half the people referred for assessment actually report for assessment. One out of five continue to drive and to commit offences. Of the people who opt for assessment, 5.5 out of 10 have no or only slight alcohol- or drug-related problems and 2.3 out of 10 have both alcohol- and drug-related problems. In addition, 1 person out of 3 has significant health problems or health problems that could jeopardize safe driving. Lastly, there would appear to be a clear correlation between having a vehicle registered in one's name and reporting for assessment. Further studies should focus, among other things, on expanding our knowledge of the people who do not report for assessment. It would also be appropriate to establish the connection between the severity described in the assessments and repeat offences in order to get a clearer picture of the people identified as displaying deviant behaviour.

6 References The data was taken from the data bases of the Société de l assurance automobile du Québec and from the Fédération québécoises des centres de réadaptation pour personnes alcooliques et autres toxicomanes data base.