Elmore County Drug and DUI Court

“The Revolving Door”Movement Of Drug Offenders through the

Traditional Criminal Justice System

Response to the 1980’s Crack Cocaine Epidemic

Criminal Justice (CJ) System• Escalated penalties • More prisons• Drug Case Management Systems

– Shortened the time between arrest and conviction– Did not address habitual Alcohol or Drug (AOD) use

Treatment• Many offenders not identified as having AOD problems• Few treatment programs

– No room or waiting lists• Lack of cooperative relationships between CJ system and treatment• Offenders who were ordered to complete treatment were not

involved long enough to develop appropriate skills for long-term sobriety

The Creation of Drug Courts• Traditional system is

ineffective at addressing AOD issues

• Treatment system and CJ system have a common goal: stopping drug and alcohol abuse and reducing the related criminal activity

• Each system possesses unique capabilities and resources

• Drug courts are among several programs implemented in this new community-based team-oriented approach

Drug and Alcohol

Offenders

Other Community or Specialty Courts

• DUI Courts• Domestic Violence Courts• Mental Health Courts• Juvenile Courts• Family Courts• Truancy Courts• Veteran's Courts

And the numbers are…Totals arrests for ECSO and MHPD per Idaho State Police Data

2007 Drug Narcotic Offenses 37 Drug Narcotic Arrests 29 DUI Arrests 95 (122 filed)

2008 Drug Narcotic Offenses 58 Drug Narcotic Arrests 28 DUI Arrests 92 (127 filed)

2009 Drug Narcotic Offenses 33 Drug Narcotic Arrests 25 DUI Arrests 92 (122 filed)

Over the last 5 years in Elmore County• Of 2510 crashes, 5% involved impaired drivers• 59 of the total crashes were fatal, and 20% of those involved impaired

drivers, resulting in 13 fatalities

In 2008, 11,773 people were killed nationwide in alcohol –impaired accidents.

That is equivalent to one 737-900 airline crashing, killing every passenger on

Board once a week for an entire year

What is a Drug Court?

• A team effort focusing on sobriety and accountability

• The Judge is the central figure• Team is also made up of Prosecutor, Defense

Counsel, Treatment Provider, Coordinator, Probation, Law Enforcement, and an Evaluator

• Rules are clear and compliance is within the individual’s control

• Immediate use of graduated sanctions/incentives

The Mission of the Elmore County Drug and DUI Court

The mission of the Elmore County Drug and DUI Court (ECDDC) is to advance the safety and

well-being of our community, conserve Justice System resources and break the cycle of alcohol and drug addiction among non-violent criminal

offenders. These goals will be achieved by providing offenders with comprehensive treatment and education, and increasing

offender accountability through intensive court supervision designed to help participants gain

control of their lives and reduce recidivism.

The Ten Key Components

Key Component #1

Drug courts integrate alcohol and other drug treatment services with justice system

case processing

The Ten Key Components

Key Component # 2

Using a non-adversarial approach, prosecution and defense counsel promote public safety while protecting participants’

due process rights

The Ten Key Components

Key Component # 3

Eligible participants are identified early and promptly placed in the drug court program.

The Ten Key Components

Key Component # 4

Drug courts provide access to a continuum of alcohol, drug, and other related

treatment and rehabilitation services.

The Ten Key Components

Key Component #5

Abstinence is monitored by frequent alcohol and other drug testing.

The Ten Key Components

Key Component # 6

A coordinated strategy governs drug court responses to participants’ compliance

The Ten Key Components

Key Component # 7

Ongoing judicial interaction with each drug court participant is essential.

The Ten Key Components

Key Component # 8

Monitoring and evaluation measure the achievement of program goals and gauge

effectiveness.

The Ten Key Components

Key Component # 9

Continuing interdisciplinary education promotes effective drug court planning,

implementation, and operations.

The Ten Key Components

Key Component #10

Forging partnerships among drug courts, public agencies, and community-based

organizations generates local support and enhances drug court effectiveness.

Characteristics of Drug Court Participants

Education• 39% lack high school diplomas or a GED• 27% have some college level education, including Associate or Bachelors Degree• 25% of graduates from drug court have returned to school (GED or college)

 Drug Use and Drug Charges• 15.37 years is the average number of years of drug use• $129.47 per day is the average daily street value of drugs used • $5.00 - $1,800.00 was the recorded range of daily street value of drugs used• 73.5% of participants were charged with possession of amphetamine / methamphetamine• 5 % of participants were charged with possession of heroin

Graduation and Criminal Recidivism from Drug Court• 53% of the Ada County participants who left the program, graduated from the program• 11% of graduates have been convicted of new crimes

Age and Gender• 31.51 is the average age of participants• 56 years of age is the oldest participant• 55% of drug court participants are male• 45% of drug court participants are female

Criminality Measured by Risk Score• 89% of drug court cases from Twin Falls County were assessed using the LSI-R as medium to high risk for their

overall criminality and risk of future recidivism  Employment• 58% of participants were unemployed at the time of entering drug court• 87% of participants gained and maintained employment during drug court• $5.12 per hour represents the average hourly wage rate increase of graduates• $12,433.70 per year average annual wage increase for graduates

Eligibility Criteria

Felony Drug Offenders• Felony possession offenses• Substance abuse related crimes, • Felony probationers with substance abuse

issues

DUI Offenders• First time misdemeanor DUI offenses with

a BAC of .20+• Second DUI offenses or more

Ineligibility

• Felony criminal record for violence • Non-Elmore County residents• Sex offenders• Any defendant who has a significant prior

conviction of a serious drug offense, such as delivery

Positive Side-EffectsElmore County Friends for Recovery Council, Inc.

Fundraisers (e.g.) All Rise Open Golf TourneyWalk for Recovery

Safe and Sober Housing (6 males upstairs) (6 females downstairs)

Bond IssuesPost-Plea/Pre-Sentence

O/R Release

Post-Plea/Post-SentenceO/R Release

Participant AbscondsNo Bond Warrant

Non-Compliance by Partic//ipantSanction by Court

The Latest Numbers for IdahoFiscal 2012 (unofficial)

1,955 adult felony offenders participating in drug and M/H Court faced prison

By year end 1,711 (88%) had remained in Drug or M/H Court or graduated

These offenders were managed in the community-not prison = significant savings

Since 1998 Idaho has grown from two to 62 Drug, M/H, and Veteran’s Courts

In that time 9,646 individuals have enrolled and 4,747 have graduated

1,129 are still participating in Idaho’s problem solving Courts

2,216 felony, misdemeanor and juvenile offenders were supervised