24/7 Sobriety monitoring programs

1. 24/7 Sobriety monitoring programs Immediate Sanctions, Lasting Effects FACC ANNUAL TRAINING INSTITUTE Naples, Florida July 7, 2016

2. Presenters C. Sue Holley Exec. Director Northeast Florida Safety Council, Inc. Jacksonville, FL Tara H. Wildes Director, Department of Corrections, Jacksonville Sheriff’s Office, Retired

3. 24/7 - More than just a program A commitment to working with chronic DUI defenders and other substance abusers toward changing their behavior and preventing additional substance abuse related arrests.

4. History & Background • 24x7 Sobriety Programs are a growing national trend − in which alcohol and other drug offenders are monitored by various means to achieve extended sobriety. • Desire was that this program would have a real impact on not just the offenders, but their families and employers as well.

5. A law enforcement concept that began as a pilot program in South Dakotain 2005 • That sets a standard of no use of alcohol and no use of illegal drugs as an ordered condition for: • bond, • post-sentence probation, • work permits, • parole, • corrections, and • other special conditions

6. The Problem & Costs to Society • A recent study by the U.S. Dept. of Justice Report on Alcohol and Crime, identified alcohol abuse as a factor in 40% of violent crimes committed in the U.S. Add in drug-abuse and the numbers grow larger yet. • A large percent of U.S. inmates have an admitted drug or alcohol dependency. More than 4 in 10 offenders nationwide return to state prison within 3years of their release, despite a massive increase in state spending on prisons, according to a Pew report.

7. Less quantifiable, but even more serious, are the human costs of this problem: • loss of life and limb, • loss and bereavement of loved ones, • medical and psychiatric treatment, • the scarred life that results for an individual who has killed or injured others, and • the loss of potential realized by individuals who have ongoing alcohol or substance-abuse problems.

8. Basic Components of the Program – The Focus • Personal responsibility and accountability by the offender • Structure for the offender and their families • Change in behaviors and choices, by daily in-person contact • Alcohol and other drug abstinence---confirmed through testing • Daily data collection & dissemination • Swift, certain, and appropriate sanctions for violations

9. Program Implemented • Statewide programs established in South Dakota, Washington, North Dakota, Montana, Idaho, Wyoming and Alaska • Pilot programs are currently in operation in Florida, Nebraska, and some jurisdictions in the UK • Pilot programs and/or legislation are being pursued in Utah, Arkansas, Colorado, Illinois, Kansas, Louisiana, Nevada, Wisconsin, Indiana and Iowa.

10. Why the Program is Chosen • It works – Shown to have long term positive impacts on reducing recidivism in repeat DUI and other offenders • Provides less opportunity for tampering and manipulating the system – the monitoring is not under the control of the offender for the vast majority of the participants.

11. An evidence-based program designed to maintain sobriety for offenders of crimes that have a nexus to drug or alcohol use.  • The core premise of the Program is that in order to affect behavioral change an immediate consequence should be imposed soon after a violation has occurred. (It is believed that as the span of time between a non-compliant event and the sanction increases, the long term effect on behavioral change diminishes.)

12. Program Goals • Increased Public Safety • Increased Public Health Outcomes • Reduction in Recidivism

13. Program policy based on • abstinence, • monitoring, • consequences for violations, • personal responsibility and accountability, • data base collection, • communication, • poly substance use testing, • change of behavior/choices; and • Immediate sanctions

14. While on this program, participants remain in society, conduct their daily lives, work, pay their fees, and fulfill their responsibilities, as long as they are program compliant and pass the sobriety testing.

15. What is the Basic Model? The basic 24/7 Program model for monitoring: • twice-daily (seven days a week) through an onsite breath test (PBT) for alcohol, or • monitoring by other means, such as • Continuous alcohol monitoring (CAM) • Drug patches • Saliva/oral swab testing • Random urine or blood tests • Personal, remote breath device with “cloud-based” monitoring

16. Judicial Oversight • Judges can order one or more of the testing modalities for a particular offender. • Consequences for failing tests or not showing up for testing is a specific time of incarceration.

17. General Policy for Violations • 1st violation: 12 hours automatic jail time then return to program • 2nd violation: 24 hours automatic jail time then return to program • 3rd violation: Arrest and mandatory appearance before the Judge who will determine if the offender may remain on the program or face other sanctions.

18. Is the Program Cost-Effective? • Based on Participant Pay (User-Funded) Model • Web-based 24x7 management software to coordinate data, testing sites, and communication of information to all related agencies • Flexibility allows the testing agency to utilize existing or new resources to maximize efficiencies • Price points for testing can be kept low

19. Hallmarks of this award-winning program include: • Cost efficiency • Reduction of jail and prison populations • Enhancement of public safety, and • Enabling more offenders to change self-defeating behaviors and stop re-offending

20. The Duval County Florida Pilot A Community Partnership

21. The Mapping Process

22. Involvement • Judiciary • State’s Attorney • Public Defender & Other Defense Attorneys • Probation & Parole • Law Enforcement • Substance Abuse Treatment Providers

23. Orders & Enrollments • Began accepting orders August 2014 • 74 Enrolled through 6-30-2016 • Offenses include DUI, Hit & Run, Domestic Violence, Possession of Controlled Substance, Assault, & Disorderly Conduct. • Most were Pre-Trial or Condition of Bond • 4 as a Condition of Probation • Only 1 arrested for a new crime

24. Usage • Days Active on Protocols (8-1-14 through 6-30-16) • 5346 for PBTs • 2108 for Drug Sweat Patch • 1676 for Transdermal (SCRAM Ankle Monitor) • 180 for Remote Breath Tests

25. Usage • Tests Performed • PBT = 5979 • Transdermal = 1676 • Remote Breath = 264 • Drug Sweat Patch = 26

26. Violations (Through 7-2-16) • 6 with 1st violation resulting in 12-hour hold • 1 with 2nd violation resulting in 24-hour hold • 0 with 3rd violation

27. Challenges • Judicial Acceptance – changes, widgets, philosophies, politics, pressures… • Constant need to “Refresh” – easy to become complacent. Just like the program says…has to be 24/7 for all involved. • Testing Sites - study

28. Duval County DUI Arrests 4/1/2015 – 4/1/2016 • 2,285 DUI Arrests were examined.  • Records were excluded for mapping purposes where either the arrest location or arrestee home address was not entered or entered incorrectly (ex: I-10). • The arrest data includes DUI arrests for other agencies (e.g. beaches, FHP).

29. Arrests Location & Proximity to Test Site • 1,936 DUI Arrests (based upon arrest location) • 931 (48.1%) of DUI arrests (arrest location) within 5 miles of a 24/7 testing site • 1,445 (74.6%)  of DUI arrests (arrest location) within 10 miles of a 24/7 testing site • 1,933 (99.8%) of DUI arrests (arrest location) within 15 miles of a 24/7 testing site

31. Arrestee Home Address &Proximity to 24/7 Test Site • 1, 830 DUI Arrests (based upon arrestee home address) • 705 (38.5%) of DUI arrests (arrestee home address) within 5 miles of a 24/7 testing site • 1,406 (76.8%) of DUI arrests (arrestee home address) within 10 miles of a 24/7 testing site • 1,817 (99.3%) of DUI arrests (arrestee home address) within 15 miles of a 24/7 testing site

33. Awards & Studies 2010 NHTSA Awards In Recognition of Efforts to Make Roadways Safer Judge Larry Long, Second Judicial Circuit, Pierre, South Dakota, recognized for …creation and implementation of the successful 24/7 defendant sobriety program to keep DUI offenders sober, and minimize the risk they pose to other drivers on South Dakota roadways.

34. 2009 The John P. McGovern Award Recognizing innovation in drug abuse prevention by identifying ideas to guide effective actions to reduce illegal drug use. 2008 Innovations Award The Council of State Governments

35. Rand Study on 24/7 Program released by the American Journal of Public Health “Efficacy of Frequent Monitoring With Swift, Certain, and Modest Sanctions for Violations: Insights From South Dakota’s 24/7 Sobriety Project” Contributors: Beau Kilmer, PhD, Nancy Nicosia, PhD, Paul Heaton, PhD, and Greg Midgette, MPP http://www.rand.org/health/projects/24-7.html

36. Judge Larry Long, South Dakota: “The 24x7 program works like an electric fence works. The punishment is swift, 100% certain, but not severe. And that seems to be why the program is effective. I also think there is a therapeutic effect for offenders involved in a twice-daily program with a community of participants like themselves. They don’t feel singled out and they have others involved daily in addressing their addiction problem. It’s been gratifying to me to hear from family members of offenders who see a real difference in their son or daughter or spouse as they become sober again and are able to sustain it over time. I believe that the 24x7 sobriety program, which allows us to gather and analyze data related to these repeat offenders, will help us make real strides in the future in balancing punitive and treatment options that can help end the cycle and move people to permanent sobriety.”

37. With the 24/7 Sobriety Project and other state initiatives, South Dakota has completely turned this around and: • From 2006 to 2007, alcohol-related traffic deaths declined by 33%, the highest decrease in the nation (NHTSA, 2008) • Outperformed every other state in its percentage reduction in DUI fatalities • Achieved stellar compliance rates among program participants

38. Conclusions. In community supervision settings, frequent alcohol testing with swift, certain, and modest sanctions for violations can reduce problem drinking and improve public health outcomes.

39. For more information about the 24x7 Sobriety System, go to http://www.24x7sober.com/ Read more about the Rand Study at http://ajph.aphapublications.org/doi/abs/10.2105/AJPH.2012.300989 For more information about Florida’s program pilot plans, contact the Florida Association of DUI Programs at 800-953-3237 or email lmcleod@fladui.org. For Duval County information, contact • Sue Holley at 904-399-3119, EXT 139 or email sueholley@nefsc.org or • Tara Wildes at 904-238-9704 or email Tara.Wildes@comcast.net.

40. Q & A