South Dakota 24/7 Sobriety Program Art Mabry South Dakota 24/7 Sobriety Program Coordinator (Retired)
Agenda ▸ Introductions ▸ 24/7 Program Landscape (Map) ▸ SD Model ▸ Program Components ▸ Outcomes ▸ Self-Sustaining Funding and Costs ▸ Funding ▸ Lessons Learned 2
24/7 Programs Across 19 States ND WA MT MN SD WI ID MI OR WY ME IA NE M IL A NV OH KS PA CO UT MO IN CA WV OK KY TN AR VA AZ NM SC GA NC MS AL LA TX FL AK Programs Pilots Active Bills 3
Goal ▸ Defendant sobriety – 24/7 ▸ Target group – anyone arrested for DUI with prior conviction in the last 10 years 4
24/7 Sobriety Program Outcomes Alcohol-related crashes resulting in injury or fatality fell by 24% (614 to 470) 12% reduction in repeat DUI arrests 9% reduction in domestic violence Participated in the Reduction in the incidence of heavy 24/7 Sobriety Program drinking among participants 4.2% drop in total adult mortality at the county level 5
Unenforceable Conditions ▸ Don’t drink ▸ Don’t go to bars ▸ Don’t drive 6
Bond Conditions ▸ No alcohol ▸ No bars ▸ Breath test – 7 AM and 7 PM ▸ If you skip or fail – YOU GO TO JAIL 7
Applicability – All Crimes Pre-Trial ▹ No alcohol Post Conviction ▹ Condition of Suspended Sentence Parole ▹ Parole Board Imposed Abused & Neglected Children ▹ Testing imposed upon adults in households as condition to return of children to homes 8
South Dakota 24/7 Sobriety Program Participating Counties Campbell McPherson Marshall Roberts Corson Brown Harding Walworth Perkins Edmunds Day Grant Dewey Faulk Clark Potter Spink Butte Ziebach Sully Hamlin Meade Hand Beadle Hughes Stanley Kingsbury Haakon Buffalo Jerauld Miner Lake Pennington Jones Lyman Brule Aurora Custer Jackson Mellette Oglala Douglas Hutchinson Tripp Lakota Fall River Todd Bennett Gregory Bon Clay Homme Green – Participating Counties Red – Non-Participating Counties 9
Timeline 2017 2018 2005 2012 2007 More Non- SCRAM PBT Program Ignition UAs DUI-Related Software Implemented Interlock Offenses Implemented 2017 2006 2019 2011 CAM More Drug Remote Drug Patch Implemented Offenders Breath Than Alcohol Implemented 2005 2012 2019 10
24/7 Program Testing Technologies DRUG TWICE DAILY CONTINUOUS URINE IGNITION REMOTE BREATH PATCH BREATH ALCOHOL ANALYSIS INTERLOCK ALCOHOL TESTING MONITORING MONITORING Within 24 Noncompliance is Participant testing hours receive immediately 11 the result sanctioned
24/7 Program Recidivism Analysis ▸ Compared to non 24/7 Participants, arrests to arrests (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 12
24/7 Participants Compared to Controls DUI 2 nd to DUI 3 rd Offense 13 Mountain Plains Evaluation, LLC
Program Fees PBT ▹ $2/day test fee – remains with Sheriff ▹ Cost = $.10 per PBT tube + staff time ▹ $1 – to AG (1 st 30 days – Participation Fee) UA ▹ $10 per test – Remains with testing agency Drug Patch ▹ $40 per patch – Remains with testing agency ▹ Agency pays testing cost from fee 14
Program Fees Continuous Alcohol Monitoring (SCRAM) ▹ $40 Activation Fee – Paid to and remains with testing agency ▹ $40 Deactivation Fee – Paid to and remains with testing agency ▹ $6 Daily monitoring fee 15
Program Fees Ignition Interlock ▸ Standard Fees ▹ Installation: $80 ▹ Removal: $40 ▹ Device Lease: $103 Includes $30 monthly Participation Fee paid to the AG’s Office ▸ Installation/Inspection Fees (Paid to Sheriff’s Office) ▹ Initial Installation: $40 ▹ 30-Day Inspection: $20 16
Program Fees Remote Breath ▹ $40 Activation Fee – Paid to and remains with testing agency ▹ $40 Deactivation Fee – Paid to and remains with testing agency ▹ $5 Daily monitoring fee 17
Program Perception of 24/7 Program Anonymous Self Report 1 3 5 No Average Program Perception 2 4 Disagree Undecided Agree Answer Score Once in the program I was 13.7% 13.4% 12.2% 14.0% 43.6% 3.2% 3.86 treated with respect I liked the program 36.9% 8.7% 20.1% 10.8% 20.3% 3.2% 2.57 The program was good for me 21.5% 5.2% 15.1% 13.7% 41.3% 3.2% 3.51 Because of this program I have a better family 32.3% 11.6% 16.9% 11.3% 25.0% 2.9% 2.80 Relationship Because of this program I am 31.7% 7.8% 14.2% 13.7% 29.4% 3.2% 2.94 a better person 18 Mountain Plains Evaluation, LLC
Retrospective Pre vs. Post Response Average Score Average Score at Domain/Behavior Before 24/7 Completion of Change Participation 24/7 Program 2.0 3.3 Controlling alcohol use 1.3 Controlling drug use 3.4 3.8 0.4 Expressing affection with family members 2.9 3.2 0.3 Being a good friend 3.1 3.4 0.3 Ability to get along with family members 3.0 3.3 0.3 2.7 3.1 Developing trusting relationships 0.3 Feelings of self-worth 2.8 3.2 0.4 Ability to make positive changes in your life 2.7 3.3 0.6 Having good friends 2.9 3.2 0.4 Parenting skills 2.9 3.2 0.4 The overall functioning of your family 2.9 3.2 0.4 2.5 2.9 Dealing with stress 0.5 Your general physical health 2.8 3.1 0.3 Your general mental health 2.8 3.2 0.4 Your ability to get help when you need it 2.6 3.2 0.6 19 Mountain Plains Evaluation, LLC
MAP-21 (HR4348) Page 344 (7) DEFINITIONS — In this subsection: (A) 24-7 SOBRIETY PROGRAM — The term ‘24 - 7 sobriety program’ means a State law or program that authorizes a State court or a State agency, as a condition of sentence, probation, parole, or work permit, to: (i) require an individual who pled guilty or was convicted of driving under the influence of alcohol or drugs to totally abstain from alcohol or drugs for a period of time; and (ii) require the individual to be subject to testing for alcohol or drugs — • (I) at least twice per day; • (II) by continuous transdermal alcohol monitoring via an electronic monitoring device; or • (III) by an alternate method with the concurrence of the Secretary. 20
NHTSA 24/7 Sobriety Program Grant • The State provides citations to a law that requires all individuals convicted of driving under the influence or of driving while intoxicated to receive a restriction on driving privileges is in effect and will be enforced during the fiscal year of the grant. • The State provides citations to a law that authorizes a statewide 24-7 sobriety program that is in effect and will be enforced during the fiscal year of the grant. • The State provides program information that authorizes a statewide 24-7 sobriety program. https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/fy18-405d-24-7_sobriety_program.pdf 21
24/7 Program Partners Why it works: Prosecutor / Law Enforcement Courts Defense Attorney 22
24/7 Sobriety Program Benefits ▸ Mom/Dad and kids are safer ▸ Public is safer ▸ Defendant will spend less time in jail ▸ Treatment prospects improve ▸ Defendant remains employed ▸ Defendant maintains responsibilities ▸ Offender funded – No Taxpayer Cost! 23
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