54A Sobriety Court reduces incidence of repeat drinking and driving offenses

What is the appropriate way to deal with repeat drinking and driving offenders? The current criminal sanction for a third offense is up to five years in prison and up to a $5000 fine plus court costs; license sanctions; restitution; reimbursement of costs to the police and prosecution; driver responsibility fees and vehicle immobilization. But is this the most effective way to deal with the issue? The most recent studies and literature would indicate that there is a better way to deal with the repeat offender utilizing a judicial therapeutic approach. With this in mind, the 54A Sobriety Court was created in 2005 with the goal of reducing the incidence of repeat drinking and driving offenses. According to Judge Louise Alderson, the Sobriety Court judge, this program concentrates on offenders with three or more convictions for alcohol/driving related offenses. The court's mission is to enhance the public safety and community welfare by reducing recidivism among these repeat drunk driving offenders. This program is highlighted by intensive supervision, individualized treatment, and personal accountability with frequent judicial review. The program utilizes court and community resources to support individuals in developing and maintaining a substance free, sober lifestyle. Since it's inception in October, 2005, 78 individuals have been admitted into the program, 33 have successfully completed and 27 are still in the active phases of the program. Unsuccessful participants were sentenced under the traditional model. The Sobriety Court is structured post-adjudication. The offender, under a delayed sentence, enters a guilty plea to the felony charge and is allowed to reduce that to the lesser misdemeanor offense of Operating While Intoxicated, second offense upon successful completion of the Sobriety Court program. Upon entering the 24 month program, the client is placed on an intensive probation track for a minimum of nine months. Probation is structured in four phases, but is currently under review that will potentially modify the program: Phase 1 - Focus on substance abuse counseling - eight week minimum Phase 2 - Focus on relapse prevention - eight week minimum Phase 3 - Sobriety Maintenance - eight week minimum Phase 4 - Transitional - twelve week minimum Each of the program's phases is designed with a built-in incentive system. Participants receive credit for requirements performed which advances them through the phases. Each phase requires interaction with the judge, beginning with bi-weekly review hearing. Upon successful completion of the program, graduates participate in a public commencement ceremony. If there are violations, a participant is brought before the judge, immediately if the individual is incarcerated or at a violation hearing at the next review date. Relapse issues will be handled with intermediate reviews and individual sanctions. Participants will be terminated from the program for a new drinking and driving offense or for ongoing noncompliance with the program and sentenced based on the original felony charge. The 54A Sobriety Court program is open to non-violent offenders who have been convicted of three or more drinking and driving offenses. All OWI III files are reported by the clerk's staff to the probation department so they are aware of new cases pending, Participants must live in the greater Lansing area (due to issues of transportation to/from court, counseling and testing). The program does not discriminate based on race, gender, sex or national origin, as long as they meet the original eligibility requirements. Non-eligibility criteria may include such things as a history of violent offenses, drug delivery and sale and a significant mental health diagnosis. The program is voluntary. Members of the Sobriety Court team are encouraged with the success rate here in Lansing and that message is spreading throughout the community. If you continue to drink and drive you will be held accountable, but you will also be given a chance to change your lifestyle by learning new tools to cope and overcome your addiction. It is not the final answer, but we are finding great success with this model of judicial intervention. For more information on Sobriety Court, please visit our website at www.lansingcourt.com or the State website at www.madcp.org or the national website at www.nadcp.org ATTORNEYS: If you have a client that you believe would be eligible, please contact Heather Duhoski in the 54A Probation Department at 517-483-4442 and also discuss with the assigned Prosecutor. Both Probation and the Prosecutor must agree that your client is eligible. If eligible and accepted, your client would plea to the felony OWI III under the delayed sentence statute MCL 771.1, with the agreement for reduction to an OWI II upon successful completion of the program and payment of fines/costs, which at this time are around $2500. We have a grant that assists with some up front costs for testing and PBT's are available at 54A probation free of charge for Sobriety Court participants. The total program length is approximately 24 months, with the charge reduction occurring at the one year mark. Participants will be subject to random testing and also subject to home visits to see if they are complying with the program. If your client does not complete the terms and conditions prior to the charge reduction and are terminated from the program, they would be sentenced on the felony charge. A circuit court pre-sentence report and sentencing guidelines would be obtained by the court. Published: Thu, Mar 31, 2011

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