drug-dui ct recidivism presentation

DRUG COURT

AND

DUI COURT

OF

LARAMIE COUNTY

THE MISSION STATEMENT FOR

THE DRUG COURT:

The mission of the Laramie County Drug Court program is to improve public safety and strengthen our community foundation. Through intervention, quality treatment, and intensive supervision we will interrupt the cycle of addiction for substance abusing offenders.

THE DRUG COURT’S 3 GOALS:# 1 – Use an outcome-based approach to provide a

continuum of care for eligible substance abusing

offenders.

# 2 – Decrease substance abuse related crime by

interrupting the offender’s cycle of substance

abuse.

# 3 – Mobilize and effectively manage community

resources and support services to encourage a

productive, healthy lifestyle.

THE MISSION STATEMENT FOR

THE DUI COURT:

The mission of the Laramie County DUI

Court is to use a comprehensive,

coordinated, and pro-active approach in

order to reduce the threat impaired drivers

place on our community. By utilizing a

wide-ranging and dynamic approach, we

will effectively reduce the number of repeat

impaired driving offenders on our streets.

THE DUI COURT’S 3 GOALS:#1 – To provide sentencing options to the Courts of Laramie

County to administer certain cases stemming from DUI

convictions by utilizing continuing judicial oversight,

supervised probation, and comprehensive treatment.

#2 – To reduce alcohol related offenses in Laramie County

while promoting offender accountability and

responsibility.

#3 – To promote effective agency interaction and

coordination of resources among criminal justice

agencies, governmental agencies, and community

organizations.

AUTHORITY:

Article 16 – Court Supervised Treatment

Programs Act

W.S.S. 7-13-1601 through 7-13-1605

Wyoming Department of Health Chapter 8

Rules and Regulations for the State Funding

and Certification of Court Supervised

Treatment Programs.

WHY?

Alcohol Involved69%

No substance Abuse Present

21%

Alcohol/Meth Involved3%

Alcohol/Meth/Other Drugs

2%

Alcohol & Other Drugs0%

Meth Involved0%

Meth & Other Drugs0%

Other5%

18,322 Total Arrests in 2012

Alcohol Involved

No substance AbusePresent

Alcohol/MethInvolved

Alcohol/Meth/OtherDrugs

Alcohol & OtherDrugs

Meth Involved

Meth & Other Drugs

Other

ACCORDING TO WASCOP:

Alcohol was involved in 72.12% of all custodial arrests. (71.7%

in Laramie County)

Methamphetamine was involved in 2.42% of the 18,322

reported arrests. (3.2% in Laramie County)

Other drugs were involved in 9.52% of the reported arrests.

(10.1% “Drug Involved” in Laramie County)

Arrests for public intoxication accounted for 18.78% of all

arrests. (23.2% in Laramie County)

The average blood alcohol content for persons arrested for

public intoxication was 0.267.

MORE FINDINGS:

Driving under the influence arrests accounted for 32.89%

of all arrests. (28.76% in Laramie County)

The average reported blood alcohol content for DUI

arrests statewide was 0.156. (.145 BAC for Laramie

County)

48% of persons arrested for DUI had a reported BAC level

above 0.16 and 10% had a BAC of 0.24 or greater.

The average reported BAC for 627 persons who were

arrested for DUI after being involved in a traffic crash was

0.16.

MORE FINDINGS: Alcohol was a factor in 72.12% of the custodial arrests in WY Counties with significantly higher stats:

1. Crook – 97.3%2. Teton – 89.15%3. Weston – 89.13%4. Laramie County Ranked 15th with 71.69%

Alcohol was involved in 75.35% of all misdemeanor arrests. (77.50% in Laramie County)

Meth was involved in 2.42% of arrests statewide. (3.02% in Laramie County) Counties with significantly higher stats:

1. Uinta – 5.50%2. Washakie – 5.14%3. Sweetwater – 5.10%

MORE FINDINGS: Arrests for public intoxication (PI) accounted for 18.78% of all arrests

statewide.

Counties with significantly higher stats:

1. Teton – 33.73%

2. Fremont – 30.05%

3. Laramie – 23.18%

The average BAC for all persons arrested for PI was 0.267

Counties with significantly higher stats:

1. FCACC - 0.295

2. Fremont – 0.266

3. Big Horn – 0.257

DUI FINDINGS: Arrests for Driving while Under the Influence (DUI) accounted for 32.89% of

all arrests statewide.

Counties with significantly higher stats:

1. Crook – 82.43%

2. Niobrara – 69.23%

3. Big Horn – 55.73%

4. Laramie County – 28.76% (22nd in the State)

The average BAC reported at point of arrest was 0.156.

Counties with significantly higher stats:

1. Weston – 0.175

2. Goshen – 0.173

3. Sheridan – 0.1650

4. Laramie County – 0.145 (20th in the State)

INJURIES AND DEATH FINDINGS:• There were 13,830 Traffic Crashes in

Wyoming in 2012.

• Of those 108 were fatal crashes; in 57% of those fatal crashes alcohol and/or drugs were involved.

• 81% of the fatalities that were attributed to drug and/or alcohol use also involved unrestrained drivers and/or passengers.

LARAMIE COUNTY FINDINGS:

• 91.46% of Traffic Crashes with Injury

in Laramie County Were Alcohol

Involved Crashes!!!

• There Were 8 Other Counties that

Scored Higher!!! (Big Horn County –

100%)

• Average BAC was .147 at the Time of

the Crash.

FOR MORE INFORMATION:

http://jandaconsulting.com/Reports_P

ublications.html

http://jandaconsulting.com/uploads/A

lcohol_and_Crime_in_Wyoming_-

_2012.pdf

ROUND-AND-ROUND WE GO!!!!

READY ??????

SET ??????

GO!!!!!!

Arrest/Conviction

Probation

RevocationProbation Again

Revocation

Prison/Jail

FACT: CRIMINAL JUSTICE SYSTEM IS JUST

NOT VERY EFFECTIVE.

WHY?

MOST CJS PROGRAMS DO NOT ADDRESS

CRIMINOGENIC NEEDS. SUCH AS,

ANTISOCIAL/PRO-CRIMINAL ATTITUDES, DEEP

FRIENDSHIP WITH PRO-CRIMINAL ASSOCIATES,

FAMILY FACTORS, LACK OF EDUCATION, NO

VOCATIONAL OR FINANCIAL ACHIEVEMENT.

FAILS TO PROPERLY ADDRESS SUBSTANCE

ABUSE ADDICTION AND/OR MENTAL HEALTH

ISSUES!

CJS FAILS TO TREAT FOR CRIMINOGENIC RISK

FACTORS BUT RATHER USE FALSE NOTIONS TO

THE CAUSATION OF CRIME AS THE DRIVING

FORCE TO CRIME REDUCTION POLICY.

CJ PROGRAMS THAT DON’T

WORK:1. Deterrence-based programs. (Scared Strait)

2. Programs that fail to incorporate cognitive behavioral therapies.

3. Boot Camps

4. PRISONS DO NOT REDUCE CRIME!

U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS

BUREAU OF JUSTICE STATISTICS: SPECIAL REPORT

APRIL 2014

RECIDIVISM OF PRISONERS RELEASED IN 30 STATES

IN 2005: PATTERNS FROM 2005 TO 2010

HIGHLIGHTS (LOWLIGHTS!!!)

• About two-thirds (67.8%) of released prisoners were arrested for a new crime within 3 years, and three-quarters (76.6%) were arrested within 5 years.

• Within 5 years of release, 82.1% of property offenders were arrested for a

new crime, compared to 76.9% of drug offenders, 73.6% of public order offenders, and 71.3% of violent offenders.

• More than a third (36.8%) of all prisoners who were arrested within 5 years of release were arrested within the first 6 months after release, with more than half (56.7%) arrested by the end of the first year.

MORE LOWLIGHTS:

• 16.1% of released prisoners were responsible for almost half (48.4%) of the nearly 1.2 million arrests that occurred in the 5-year follow-up period.

• An estimated 10.9% of released prisoners were arrested in a state other than the one that released them during the 5-year follow-up period.

• Within 5 years of release, 84.1% of inmates who were age 24 or younger at release were arrested, compared to 78.6% of inmates ages 25 to 39 and 69.2% of those age 40 or older.

DRUG AND DUI COURTS WORK!Drug and DUI Courts Reduce Crime

FACT: NATIONWIDE, 75% OF DRUG COURT GRADUATES REMAIN ARREST-FREE

AT LEAST TWO YEARS AFTER LEAVING THE PROGRAM.

FACT: RIGOROUS STUDIES EXAMINING LONG-TERM OUTCOMES OF INDIVIDUAL

DRUG COURTS HAVE FOUND THAT REDUCTIONS IN CRIME LAST AT LEAST 3

YEARS AND CAN ENDURE FOR OVER 14 YEARS.

FACT: THE MOST RIGOROUS AND CONSERVATIVE SCIENTIFIC “META-ANALYSES”

HAVE ALL CONCLUDED THAT DRUG COURTS SIGNIFICANTLY REDUCE CRIME AS

MUCH AS 45 PERCENT MORE THAN OTHER SENTENCING OPTIONS.

DRUG AND DUI COURTS WORK!Drug and DUI Courts Ensure Compliance

FACT: UNLESS SUBSTANCE ABUSING/ADDICTED OFFENDERS ARE REGULARLY SUPERVISED

BY A JUDGE AND HELD ACCOUNTABLE, 70% DROP OUT OF TREATMENT PREMATURELY.

FACT: DRUG COURTS PROVIDE MORE COMPREHENSIVE AND CLOSER SUPERVISION THAN

OTHER COMMUNITY-BASED SUPERVISION PROGRAMS.

FACT: DRUG COURTS ARE SIX TIMES MORE LIKELY TO KEEP OFFENDERS IN TREATMENT THAN

OTHER COMMUNITY-BASED PROGRAMS.

YOUR LARAMIE COUNTY DRUG

COURT AND DUI COURT WORK!• 69.05% of the individuals are retained in the Drug Court program and 84.68% of the

individuals are retained in the DUI Court program.

• The average amount of previous DUI arrests for DUI Court program participants is 5.

However, there is one participant who accounts for 9 previous DUI arrests prior to

entering the program.

• Drug Court program participants account for an average of 4 previous arrests prior to

entering the program.

• 80% of the individuals who graduate the Drug Court or the

DUI Court program do not get re-arrest for any new

criminal offense.

DRUG COURT AND DUI COURT PERFORMANCE

MEASUREMENTS

Say What?

Drug Court and DUI Court performance measurements were created by the National Drug Court Institute (NDCI) as a means to promote quality data collection and evaluation strategies for local programs.

The national performance measures for Drug Courts were created by a group of nationally recognized scholars brought together by the National Institute of Justice (NIJ) and NDCI

WHAT GET’S MEASURED?

Retention Rate – Defined as the number of people who complete the program divided by the number who enter the program during a particular time period.

Sobriety – Defined as the continuous sobriety of program participants measured by clean drug tests.

Recidivism – Defined as the rate at which program participants get rearrested.

Units of Service – Defined as the activities and/or services that address the needs of program participants, to include; substance abuse treatment, mental health treatment, Alcohol Anonymous (AA) and Narcotics Anonymous (NA) attendance, church attendance, and/or other ancillary services.

BEYOND THE PERFORMANCE MEASURES

What other factors can be measured?

The completion rate of program participants

The cause for termination

The financial costs related to recidivism

The fines and fees paid for by program graduates,

RETENTION RATE

What is it?

The retention rate of the Drug Court and the DUI Court is defined as the number of participants that complete the program, divided by the number of individuals who enter the program during a given time period. In order to accurately find the retention rate as defined by NDCI, a cohort of program participants needs to be created.

WHAT IS THE COHORT AND RETENTION

RATE FOR THE DRUG COURT?

The Drug Court cohort = The total amount of individuals who were admitted between July 23, 2009 (1st day in program for the first graduated) and December 1, 2014 (the last day of the latest graduate).

After determining what participants fall into the cohort, the formula for determining the retention rate for the Drug Court is as follows:

Participants that are still in the program, or who have graduated (58);

Divided By:

All participants who enter the program during the cohort (84);

Using this formula, the retention rate for the Drug Court is 69.05%.

WHAT IS THE COHORT AND RETENTION RATE

FOR THE DUI COURT?The DUI Cohort = The total amount of individuals who were admitted between March 26, 2010 (1st day in program for the first graduated) and October 9, 2014 (the last day of the latest graduate).

After determining what participants fall into the cohort, the formula for determining the retention rate for the DUI Court is as follows:

Participants that are still in the program, or who have graduated (94);

Divided By:

All participants who enter the program during the cohort (111);

Using this formula, the retention rate for the DUI Court is 84.68%

COMPLETION RATE VS. RETENTION RATE

Just because you can retain a participant in a program

over a period of time does not equate to whether or not

that participant eventually successfully completes the

program!!

To measure completion rate, the Drug Court and DUI

Court Teams examined the number of participants that

completed the respective programs , or were still actively

enrolled against the participants who did not successfully

complete the programs during the cohort time period.

DRUG COURT COMPLETION RATE

FROM 7-23-09 TO 12-14-2010

(501 DAYS)

WHY DO SOME PARTICIPANTS FAIL TO

COMPLETE THE DRUG COURT OR DUI COURT?

When a participant fails to complete a Court ordered program, it is

important to determine why they failed.

Costs incurred by participants being jailed or sent to prison cost

taxpayers a significant amount of money.

The data clearly shows that prisons do not reduce crime and/or

recidivism, therefore the Drug Court and DUI Court Teams continually

look for ways to improve the program.

CAUSE FOR TERMINATION FROM THE DUI COURT

(3-26-10 TO 6-3-11)

TRUST BUT VERIFY!

RANDOMLY AND FREQUENTLY!

Sobriety

Being able to document the number of day of continuous sobriety is a key feature in

any program evaluation. After all, every Drug Court or DUI Court program should be

designed and focused on managing substance abusing offenders.

Both the Drug Court and the DUI Court programs use a variety of technologies to test

program participants for the use of banned substances. The technologies used to drug

test program participants include, urine testing, saliva testing, the use of SCRAM

(continuous alcohol monitoring) ankle bracelets, and portable breath machines.

RECIDIVISM: IT’S A BAD THING!!

Why does recidivism matter?

“Recidivism is one of the most fundamental concepts in

criminal justice. It refers to a person's relapse into

criminal behavior, often after receiving sanctions or

undergoing intervention for a previous crime.”

HOW DOES RECIDIVISM GET MEASURED?

Recidivism is defined as any new arrest while

either actively enrolled in the program or after

successful completion of the program. The

measurement is designed to see if participation

in Drug Court or DUI Court has a reduction in

criminal activity of participants.

Average Arrests Experienced by Drug Court Graduates

INCARCERATION IS VERY EXPENSIVE!!

According to the Laramie County Sherriff’s Department, in

2009 it cost, on average, $83.58 to house one person per

day in the Laramie County Detention Center.

If we estimated that each graduate spent 3 days in jail each

time they were arrested, the savings for participating in

either the Drug Court or the DUI Court would be

substantial.

DUI Court Graduate Savings on Incarceration Costs

PROGRAM FEES, FINES, COURT COSTS, &

RESTITUTION

Not only to Drug Courts & DUI Courts save money,

participants are required to pay to be enrolled!

Drug Court participants must pay $750 in program

fees, plus restitution, and other Court ordered

costs.

DUI Court participants must pay $50 per month

from enrollment to graduation, plus any and all

Court ordered fines and costs.

12-1-11 to 12-1-14 Drug Court Graduate Program Fees and Restitution Payments

12-1-11 to 12-1-14 DUI Court Graduate Program Fees and Fine Payments

UNITS OF SERVICEWhat services do Drug Court and DUI Court

participants receive?

Intensive Out-patient Substance Abuse Treatment

Mental Health, Marriage, Family and Individuals Counseling

Nutritional Education and Training

Medication Management

Employment & GED guidance

UNIT OF SERVICE

Who does the Drug Court and DUI Court partner with?

Dad’s Making a Difference

CLIMB Wyoming

Wyoming Workforce Services

Recover Wyoming

The Salvation Army

Central Wyoming Counseling Center

Peak Wellness

University of Wyoming Family Practice

Drug Testing Center of Cheyenne

LARAMIE COUNTY DRUG COURT TEAM

Mark Hardee, Court Magistrate

Kurt Zunker, Program Director

Mindy Inman, Court Clerk

Jim Nelson, Treatment Director

Jessica Herrera, P&P Agent

Nola Grove, Public Defender’s Office

Ryan Wright, Assistant Dist. Attorney

Emily Harris, Assistant Pub. Defender

Guy Driver, Cheyenne Police Department

Honorable Tom Lee, Judge

Kurt Zunker, Program Director

Fernando Muzquiz, Case Manager

Rick Robinson, Treatment Director

Leslie Hearn, P&P Agent

Carol Serelson, Defense Bar Rep.

Joshua Taylor, Assistant District Attorney

LARAMIE COUNTY DUI COURT TEAM

National

Association of

Drug Court

Professionals

www.nadcp.org

National Drug

Court Institute

www.ndci.org

National Center for

DWI Courts

www.dwicourts.or

g

National Drug

Court Resource

Center

www.ndcrc.org

FOR MORE INFORMATION:

THANK YOU!!

Kurt A. Zunker

Director, Drug and DUI Court programs for

Laramie County

(307) 633-4530

(307) 633-4589

kzunker@laramiecounty.com