THE 24/7 SOBRIETY PROJECT

1. THE 24/7 SOBRIETY PROJECT

2. Origins • Created by South Dakota • Has existed since 2005 • Now in use in 57 of 66 South Dakota Counties

3. GOAL/TARGET GROUP Defendant sobriety- 24/7(NO ALCOHOL NO DRUGS NO BARS) DUI 2 or more, post sentence probation any offense, prison parole any offense, social services, domestic violence, dependency treatment

4. 24/7 Project Background South Dakota Facts: For decades alcohol and drugs have driven the criminal justice system 40% of traffic fatalities were alcohol related 85% of prison populations in SD have an admitted alcohol or drug problem 13% of prison population is Felony DUI 33% of all felonies are DUI Felony / Vehicular Battery / Vehicular Homicide 57% of all felonies are DUI and controlled substances 18% of persons convicted for DUI 1 get a second conviction for DUI 2 41% of all misdemeanor filings are DUI 1 and DUI 2

5. Montana Benchmarks Montana Facts: Similar issues with drugs and alcohol in Montana’s criminal justice system 40% of our traffic fatalities are alcohol related 93% of prison populations in MT have an admitted alcohol or drug problem Alcohol is the drug of choice in 95 percent of those reporting a preference 12% of people under DOC supervision are there for Felony DUI 247 persons in prison, 1233 on parole Approximately 23% of persons convicted for DUI 1 get a second conviction for DUI 2 9838 misdemeanor traffic filings were for DUI in 2008 (4.9%)

6. 24/7 STATEMENTPEOPLE WITH ADDICTIVE BEHAVIORS WILL NOT CHANGE UNLESS ALL THE ALTERNATIVES ARE WORSE(IMMEDIATE CONSEQUENCES)

7. 24/7 Sobriety Objectives The Goals: “Keep them Sober” Requiring defendant sobriety- 24/7 Reduce the impact of alcohol related cases on incarceration rates (local and state) Reduce drunk driving accidents and fatalities Save taxpayers money Treat the person not the symptom

8. WHERE DID SD GET THE MONEY? NHTSA GRANT AND FUNDING 2005 THREE YEAR COMMITMENT $100,000 (EQUIPMENT, PERSONAL SERVICES, REPORTING, PROGRAM STUDY) GENERAL FUND DOLLARS 2006 (EQUIPMENT) $345,000 GENERAL FUND DOLLARS 2007 (EQUIPMENT) $400,000 PRIVATE SECTOR PARTNERSHIPS $45,000

9. TESTING METHODS • TWICE PER DAY BREATH TESTING (DEFENDANTS PRESENT THEMSELVES TWICE PER DAY FOR TESTING) IMMEDATE CONSEQUENCE FOR NO-SHOW OR FAILURE • SCRAM BRACELET • RANDOM OR SCHUDULED UA • DRUG PATCH

10. BREATH TESTING RESULTSJune 1, 2009 • 11,956 PARTICIPANT SINCE FEB. 05 • 1871 ACTIVE PARTICIPANTS STATEWIDE • ADMINISTERED 2,O87,390 TWICE PER DAY TESTS • 2,079,359 CLEAN TESTS FOR A PASS RATE OF 99.6% • 8,031 TESTS FAILED • 6,176 TIMES FAILED TO SHOW UP FOR A TEST • 2 MILLION TESTS / 2 = 1,000,000 DAYS x $68 PER DAY COSTS = $60,000,000 (*estimated SAVINGS ON JAIL FEES FOR LOCAL GOVERNMENT)

11. SCRAM STATISTICSDECEMBER 2006 – SEPTEMBER 2009 • TOTAL PARTICIPANTS 1,1674 • TOTAL DAYS MONITORED 209,353 • AVE. LENGTH OF TIME ON BRACELET 125 DAYS • LONGEST TIME ON SCRAM 835 DAYS • ACTIVE CLIENTS 375 AVE. BEING MONITORED EACH DAY • FULLY COMPLIANT 1304 77.9% • NON COMPLIANT 370 22.1% • CONFIRMED DRINKING EVENTS 116 CLIENTS WITH 195 EVENTS 6.93% • CONFIRMED TAMPERS 300 CLIENTS WITH 584 TAMPERS 17.92% • CLIENTS WITH BOTH TAMPERS AND DRINKING EVENTS 46 *AVERAGE 24 SAMPLES PER BRACELET PER DAY

12. UA TEST RESULTSJULY 1, 2007 – MAY 30, 2009 • 1,261 PARTICIPANTS • 17,730 TEST ADMINSTERED • 436 TEST WERE FAILED 56 FAILED TO APPEAR • 17,294 PASSED 97.5% DRUG PATCH • 45 PARTICIPANTS • 415 PATCHES USED 358 TESTS COMPLETED • 23 TESTS FAILED OR FAILED TO APPEAR • 335 PASSED 95.8 % PASS RATE

13. 24/7 BUDGETINGFUNDING SOURCE: GENERAL APPROPRIATION AND DEFENDER PAY PLAN FST $399 PER UNIT / TUBES 10 CENTS EACH (DEFENDANT PAYS $1 PER TEST) UA KITS $1.65 PER UNIT (DEFENDANT PAYS $5.00 PER TEST PLUS LAB FEE) SCRAM BRACELET $1450 PER UNIT (DEFENDER PAY $6 PER DAY AND $30 HOOKUP FEE) DRUG PATCH $9 PER PATCH AND $20 LAB FEE (DEFENDER PAY $40 PER PATCH) FEE SET BY ADMINISTRATIVE RULE

14. WEB-BASED REPORTING • ON-LINE AUTOMATIC ACCOUNTING SYSTEM • ON-LINE FAILURE NOTIFICATION SYSTEM • SYSTEM DESIGN CATERING TO ALL PARTICIPATING AGENCIES (DEPARTMENT OF CORRECTIONS, DEPARTMENT OF SOCIAL SERVICIES, COURT SERVICES/PROBATION, MAGISTRATE AND CIRCUIT COURTS, OFFICE OF DRIVER LICENSING) • DATA MIGRATION CAPABILITIES (OFFICE OF ACCIDENT RECORDS, DRIVER LICENSING, TREATMENT AGENCIES, CRIMINAL HISTORIES, AND PROGRAM OUTCOMES) • VENDOR INFORMATION REPAIR, REPLACEMENT, ORDERING SUPPLIES, TRAINING • ATTORNEY GENERAL (FORMS, TRAINING, RULES, STATUTES, PROSECUTION INST.

15. CORRECTIONS INMATE NUMBERS HAVE BEEN STEADILY RISING BY 150 IN THE LAST 10 YEARS. THE LAST TWO YEARS HAVE SHOWN A NET DECREASE OF 200. THE SECRETARY OF CORRECTIONS CREDITS 24/7 AS RESPOSIBLE FOR A SIGNIFICANT PORTION OF THOSE NUMBERS. “In the 28 years Warden Doug Weber has worked at the South Dakota state penitentiary, he's never seen the inmate population go down, two years in a row."It's positive, it's reassuring, and it's refreshing," he says.One reason for the decrease is that judges have more options, such as the 24/7 program for drunk drivers, before sending a criminal to prison.” WARDEN WEBER07/22/08 HIGHWAY SAFETY NHTSA IS REPORTING SD HAD THE LARGEST PERCENTAGE DROP OF ALCOHOL RELATED FATAL CRASHES IN THE NATION FOR THE REPORTING PERIOD OF 2006/2007/2008 (A 43 % REDUCTION). THE NATIONAL AVERAGE WAS 3.7% DROP. SOURCE: TRAFFIC SAFETY FACTS (NHTSA) VOLUME DOTHS811016 AUGUST 2008 Changes in South Dakota Corrections and Highway Safety

16. Positive Change over time with greater participation

17. BENEFITS • Public is safer • Family is safer • Defendant will spend less time in jail • Treatment prospects improve • Participant’s employer happy • ALMOST NO COST TO TAXPAYER