welcome oklahoma impaired driving prevention summit reducing recidivism february 28 th 2012

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WELCOME OKLAHOMA IMPAIRED DRIVING Prevention SUMMIT REDUCING RECIDIVISM February 28 th 2012

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WELCOMEOKLAHOMA

IMPAIRED DRIVINGPrevention SUMMIT

REDUCING RECIDIVISMFebruary 28th 2012

IDENTIFYING THE ISSUES

What WorksWhat Doesn’t

CONTACT

• Ray Caesar LPC, LADC• Director of Addiction Specialty Programs• Oklahoma Department of Mental Health & Substance Abuse Services• P.O. Box 53277• Oklahoma City, Oklahoma 73152-3277• [email protected]• Office 405-522-3870• Fax 405-522-4470

CURRENT INTERVENTIONS

COST

COST

Costs for DUI and related offenses are intended to:

~ Pay for the services provided,

~ Discourage the behavior of driving while intoxicated.

COST

The cost for DUI or a related offense in Oklahoma and nationally is estimated to be

$10,000.00.

COST

BAIL

$150.00 to $2,500.00

COST

TOWING

$60.00 to $1,200.00

COST

IMPOUND

$100.00 to $1,200.00

COST

INSURANCEAutomotive insurance coverage will increase for 3 to 5 years.

These cost increases will be double to quadruple basic costs.

COST

MODIFIED LICENSE FEE

$175.00

COST

LEGAL FEES

$2,500.00 TO $25,000.00

COST

FINES & COURT COSTS

$300.00 TO $1,200.00

COST

ADSAC ASSESSMENT

$160.00 TO $175.00

COST

ADSAC COURSE

$150.00 TO $360.00

COST

VICTIMS IMPACT PANEL

$50.00

COST

CLINICAL INTERVENTIONS

$0.00 TO $13,000.00

COST

MONITORING

LEG BRACELET$300.00 PER MONTH

COST

MONITORINGINTERLOCK

$115.00 TO $160.00 INSTALLATION$65.00 PER MONTH$35.00 REMOVAL

COST

REINSTATEMENT FEE

$85.00 TO $250.00

COST

ADDITIONAL COSTS

TIME OFF WORKJOB RESTRICTIONS

LOSS OF EMPLOYMENT

COST

TOTAL

$10,000.00

PROBLEM

AVERAGE OKLAHOMA INCOME

MEDIAN INCOME $42,979.00

< POVERTY 16.2% $14,570.00 (Two person

household)

2010 US Census

TRENDS

TRENDS

REFUSAL TO TEST

FY96 FY97 FY98 FY99 FY00 FY01 FY02 FY03 FY04 FY05 FY06 FY07 FY08 FY09 FY100%

5%

10%

15%

20%

25%

30%

35%

40%

45%

DUI Convictions by Offense Type: FY96 - FY10

% of Convictions for Offense Type 3 (drug related)% of Convictions for Offense Type 4 (alcohol related)% of Convictions for Offense Type 1 (refusal to test for alcohol)

TRENDS

In the last five years license revocations for Refusal to test have continued to increase while other revocation categories have decreased.

FY96 FY97 FY98 FY99 FY00 FY01 FY02 FY03 FY04 FY05 FY06 FY07 FY08 FY09 FY100%

5%

10%

15%

20%

25%

30%

35%

40%

45%

DUI Convictions by Offense Type: FY96 - FY10

% of Convictions for Offense Type 3 (drug related)% of Convictions for Offense Type 4 (alcohol related)% of Convictions for Offense Type 1 (refusal to test for alcohol)

TRENDS

GENDER

FY96 FY97 FY98 FY99 FY00 FY01 FY02 FY03 FY04 FY05 FY06 FY07 FY08 FY09 FY100%

10%

20%

30%

40%

50%

60%

70%

80%

90%

17% 18% 17% 16% 17% 17% 17%18% 18% 18% 19% 19% 20% 20% 21%

83% 82% 83% 84% 83% 83% 83% 82% 82% 82% 81% 81% 80% 80% 79%

DUI Convictions by Gender: FY96 - FY10

Female Percentage Male Percentage

TRENDS

Between 1996 and 2010 DUI and related convictions for males fell by 4%.

Between 1996 and 2010 DUI and related convictions for females rose by 4%.

TRENDS

The rates for DUI & related offense by gender indicates the numbers of male offenders are reducing, while the numbers of female offenders continue to increase.

This pattern is most pronounced in rural areas.

Female Male0.0%

2.0%

4.0%

6.0%

8.0%

10.0%

12.0%

14.0%

10.3%

13.7%

6.0%6.5%

7.2%7.6%

5.5% 5.6%

Reconviction of DUI Offenders by Gender (after 2 years)

WithOUT Assessments With Assessments With Assessments, Incomplete With Assessments, Complete

TRENDS

• AT TWO YEARS

• Without ADSAC as an intervention, females are less likely to recidivate than males

• With ADSAC as an intervention, female and male recidivism rates are almost identical

TRENDS

FEMALE DUI OFFENDERS• As DUI arrest rates have continued to reduce for approximately twenty years the proportion of female DUI offenders has increased dramatically.• Overall DUI arrest rates have not declined in rural areas.• Female DUI offenders in rural areas present one of the greatest challenges to the system.

The American Journal of Drug and Alcohol Abuse, 2009, Vol. 35, No. 1, Pages 24-27

TRENDS

MALE & FEMALE

OFFENDERS

TRENDS

THE MALE DUI OFFENDER

PROFILEUnmarried, undereducated, underemployedAge late twenties to early thirtiesPoor anger management & stress coping skills

Initial attention of law enforcement due to aggressive not erratic driving

TRENDS

THE FEMALE DUI OFFENDER

PROFILEUnmarried, separated or divorcedAge twenty to fiftyUnemployed but seeking employmentArrested secondary to a vehicular crash

Evaluating, Treating and Monitoring the Female DUI Offender William White & Maya Hennessey, Illinois Department of Transportation

TRENDS

MALE TO FEMALE DUI OFFENDER

15.7% of females aged 18 to 25 met criteria for alcohol abuse or alcohol dependency.

26.3% of males aged 18 to 25 met criteria for alcohol abuse or alcohol dependency.

Evaluating, Treating and Monitoring the Female DUI Offender William White & Maya Hennessey, Illinois Department of Transportation

TRENDS

MALE TO FEMALE DUI OFFENDER

At the highest rates of consumption males and females report driving while impaired at the same rates.

DUI arrests are the single greatest category of alcohol related crimes for women.

Evaluating, Treating and Monitoring the Female DUI Offender William White & Maya Hennessey, Illinois Department of Transportation

? ? ? ? ? ? ? ?

Who gets a DUI?

WHO GETS A DUI

1% of all licensed drivers are arrested for DUI & related offenses each year, more than any other crime.

NHTSA

WHO GETS A DUI

25% to 40% of 30% of the population the population consume 90% of never drink the alcohol

========================================

* * * *

========================================

Of this group only 30% or(10% of the total

population) are physically dependent

WHO GETS A DUI

Access to ADSAC services may be required for almost anyone living in Oklahoma

* Only a very small percentage of the population will not be possible candidates for ADSAC services.

*

WHAT WORKS

EFFECTIVNESS OF THE

CURRENT SYSTEM

WHAT WORKS

ANNUAL CONVICTIONSFY 1996 – FY

2010

WHAT WORKS

After a predictable increase in arrests between 2003 and 2005 the rate stabilized.

In 2009 the rate began to fall dramatically.

WHAT WORKS

EVIDENCE BASEDBEST PRACTICES

WOULDN’T IT BE NICE IF…

From the assessment process we could:

~ Identify static and dynamic risk factors related to alcohol and other drug use

~ Identify Pathological Using Patterns

WOULDN’T IT BE NICE IF…

From the assessment process we could:

~ Assess truthfulness

~ Assess comprehension ability

~ Identify mental health issues

WOULDN’T IT BE NICE IF…

From the assessment process we could:

~ Clearly and accurately identify recidivism risk

~ Double check the results

WOULDN’T IT BE NICE IF…

TODAY WE CAN!

WHAT WORKS

Drivers Risk Inventory-revised

DRI II

Defendant QuestionnaireDQ

WHAT WORKS

The DRI II consistently places high in studies of DUI assessment instruments.

When cost, ability to screen for drugs as well as alcohol, truthfulness scales, and research to determine reliability and validity are considered, then the DRI II places highest.

National Highway Traffic Safety Administration

Review of Screening Instruments and Procedures for Evaluating DUI Offenders AAA Foundation for Public Safety 2002

The Illinois DUI Assessment Instrument Project & National Highway Traffic Safety Administration

WHAT WORKS

What Works

ASSESSMENT DRIVEN

FIFTY STATES AND WASHINGTON DC (2010)

30 Assessment driven process 66%

7 Modified assessment driven process15.5%

6 Offense driven 13.3%

2 No statewide regulation 4.5%

6 Unknown NA

WHAT WORKS

Institute of Medicine

Intervention Spectrum

WHAT WORKS

WHAT WORKS

PREVENTION

I - UNIVERSAL

II - SELECTIVE

III - INDICATED

WHAT WORKS

INDICATEDTargeted to high risk individuals identified as

having minimal but detectable signs and/or symptoms of the high risk behavior.

This intervention is for those known to have involvement (DUI)

WHAT WORKS

TREATMENT

IV - IDENTIFICATION

V – STANDARD TREATMENT

WHAT WORKS

What Works

WOULDN’T IT BE NICE IF…

We could accurately identify offender need

WOULDN’T IT BE NICE IF…

We could refer offenders to the most appropriate interventions

WOULDN’T IT BE NICE IF…

We could separate offenders by level of severity

TODAY WE CAN

TODAY WE CAN!

TODAY WE CAN

SIX INTERVENTION CATEGORIES

INTERVENTION CATEGORY I Education OnlyII Education Only

III OutpatientIV Intensive

Outpatient V Residential Treatment

TODAY WE CAN

SIX INTERVENTION CATEGORIES

INTERVENTION CATEGORY I Education OnlyII Education Only

III OutpatientIV Intensive

Outpatient V Residential Treatment

TODAY WE CAN

In a random 100 offenders

40% Minimal risk to recidivate30% Moderate risk to recidivate

20% Problem risk to recidivate10% Severe risk to recidivate

PROBLEM

What Doesn’t Work

WHAT DOESN’T WORK

OFFENSE DRIVEN SYSTEMS

WHAT DOESN’T WORK

ONE SIZE FITS ALLINTERVENTIONS

I

ENTIO

PROBLEM

The average number of times an offender drives while legally intoxicated for each DUI & related arrest is 1 in 200.

In some communities this is as high as 1 in 2000.

NHTSA

PROBLEM

Water boils at 212 degrees Fahrenheit

Gasoline freezes at -238 degrees Fahrenheit

PROBLEM

• Nationally, about 1/3 of all DWI & related offenders are repeat offenders• Average 32%

• Low 21% in Iowa

• High 47% in New Mexico

NHTSA

WHAT DOESN’T WORK

PUNISHMENT

WHAT DOESN’T WORK

A 10% INCREASE IN INCARCERATION YIELDS

A 2% TO 4% DECREASE IN RECIDIVISM

What Work Effective Recidivism Reduction and Risk-Focused Prevention Programs February 2008

WHAT DOESN’T WORK

TOO MANY INTERVENTIONSor

IF ONE IS GOODTHEN TEN MUST BE GREAT

WHAT DOESN’T WORK

DISJOINTEDOR

UNCONNECTED INTERVENTIONS

WHAT DOESN’T WORK

TOO MUCH TIME BETWEEN OFFENSE AND

INTERVENTION

WHAT DOESN’T WORK

PSUEDO SCIENCEor

COMMON SENSE DOES NOT ALWAYS MAKE SENSE BUT

IT IS ALWAYS COMMON

PROBLEMS WITH EXIT SURVEYS

Repeat offenders allow approximately six years between offenses.

American Journal of Forensic Psychology

PROBLEMS WITH EXIT SURVEYS

Driving history prior to the first offense was predictive of future recidivism.

American Journal of Forensic Psychology

WHAT WORKS

ADSAC

ADSAC

RECONVICTION RATES AT

TWO YEARS2008 to 2010

WithOUT Assessments With Assessments With Assessments, Incomplete

With Assessments, Complete

0.0%

2.0%

4.0%

6.0%

8.0%

10.0%

12.0%

14.0% 13.1%

6.4%

7.5%

5.6%

Reconviction of DUI Offenders (after 2 years)

ADSAC

AT TWO YEARS

• 13.1% recidivism for those not initiating the ADSAC process

• 5.6% recidivism for those completing the ADSAC process

ADSAC

Reconviction rates after 24 months

Reconviction Rates Without Assessments 13.1%With Assessments Initiated 6.4% With Assessments Incomplete 7.5% With Assessments Complete 5.6%

• The DUI reconviction percentage among offenders w/o assessments was 134% more than among those with completed assessments.

ADSAC

AT TWO YEARS

5.6% recidivism for those

completing the ADSAC process

ADSAC

VIRGINIA

1 year study of DUI offenders on probation and assigned to VASAP program.

9% recidivism during probation5% recidivism after probation15% total

5.6% recidivism for those completing the ADSAC process at 2 years

Recidivism Rate Comparison Study Rappahannock Area Alcohol Safety Action Program

ADSAC

MISSOURI

At two years post intervention there was a 16% recidivism rate

5.6% recidivism for those completing the ADSAC process at 2 years

Missouri Department of Mental Health 1999

ADSAC

TENNESSEE

Recidivism at one year 8.7%Recidivism at two years 10.4%Recidivism at three years 18.3%Recidivism at six years 52.3%Recidivism at ten years 61.5%

5.6% recidivism for those completing the ADSAC process at 2 years

Little, Baker, McCarthy, Davison & Urbaniak, An MRT Based Cognitive Behavioral Treatment for fiirst-time DUI Offenders: Two and Three year Cohort of Davidson County, Tennessee Offenders With a Comparison to the Prime For Life Program March 2010

ADSAC

RECONVICTION RATES BY

OFFENSE TYPE2008 to 2010

Drug Related Alcohol Related0.0%

1.0%

2.0%

3.0%

4.0%

5.0%

6.0%

7.0%

8.0%

9.0%

10.0%9.2%

5.5%

8.2%

3.3%

8.8%

3.2%

3.8%

2.5%

Reconviction of DUI Offenders by Offense Type (after 2 years)

WithOUT Assessments With AssessmentsWith Assessments, Incomplete With Assessments, Complete

ADSAC

AT TWO YEARS

The recidivism rate for drug offenders is 60% greater than that of alcohol offenders.

ADSAC

RECONVICTIONS for ADSAC COMPLETIONS AFTER TWO YEARS

DRUG OFFENDERS3.8% an almost 60% reduction

ALCOHOL OFFENDERS2.5% an almost 50% reduction

ADSAC

RECONVICTION RATES BY

AGE OF OFFENDER2008 to 2010

16 through 20 21 through 25 26 through 54 55 through 640.0%

2.0%

4.0%

6.0%

8.0%

10.0%

12.0%

14.0%

16.0%

9.5%

15.4%

13.2%

10.8%

3.8%

9.8%

7.9%

5.6%

3.9%

6.7%

5.8%

3.6%

Reconviction of DUI Offenders by Age (after 2 years)

WithOUT Assessments With Assessments, Incomplete With Assessments, Complete

ADSAC

AT TWO YEARS

The recidivism rate for the 21 to 25 year old age group is the highest, followed closely by the 26 to 54 year old age group.

The lowest rate of recidivism is found in the 16 to 20 year old age group.

FOOD FOR THOUGHT

CALIFORNIA

Each year of age decreased recidivism risk by 2.1%

Full time employment decreased recidivism risk by 37.6%

1995 California State Report

FOOD FOR THOUGHT

CALIFORNIA

Each prior conviction increased recidivism risk by 26.9%

Each 0.01% increase in BAC increased recidivism risk by 5.4%

Being male increased recidivism risk by 57.5%

1995 California State Report

FOOD FOR THOUGHT

Excessive drinking rather than alcoholism creates the majority of alcohol related problems.

The prevalence of alcohol dependence among excessive drinkers in New Mexico, Alcoholism: Clinical & Experimental Research, Jan. 2007

FOOD FOR THOUGHT

CALIFORNIA

Completion of Tx decreased recidivism risk but, multiple Tx completions increased recidivism risk

1995 California State Report

FOOD FOR THOUGHT

Alcohol related fatalities were eight times more likely to have had a DUI/DWI conviction in the five years prior to the crash

New England Journal of Medicine 1994

FOOD FOR THOUGHT

Repeat offenders are overrepresented in fatal crashes.

Drivers with prior convictions are 4.1 times more likely to be involved in a fatal traffic accident.

The risk of involvement in a fatal automobile accident increases with the number of prior DWI & related arrests.

NHTSA

THE FUTURE

WHERE TO GOFROM HERE

THE FUTURE

COOPERATION

THE FUTURE

COORDINATION

THE FUTURE

MAKING THE DIFFICULT DECISIONS

THE FUTURE

DEVELOPING A PLAN

THE FUTURE

ENSURINGFOLLOW

THROUGH

CONTACT

• Ray Caesar LPC, LADC• Director of Addiction Specialty Programs• Oklahoma Department of Mental Health & Substance Abuse Services• P.O. Box 53277• Oklahoma City, Oklahoma 73152-3277• [email protected]• Office 405-522-3870• Fax 405-522-4470