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24/7 SOBRIETY
OFFICE OF
ATTORNEY GENERAL
LARRY LONG
DUI FELONIES FY 99- FY07
FY99 FY07
Convictions
32-23-4
DWI 3
32-23-4.6
DWI 4
32-23-4.7
DWI 5
22-16-42
Vehicular
Battery
6842
1483
83
135
FY99-FY07
ALL FELONY
CONVICTIONS
22-16-41 TOTALS
Vehicular
Homicide
77
24,640
DUI FELONIES were 34.9% of all felony convictions
8620
OTHER FELONIES
22-42-5
Possn. of
Cont.
Subst.
22-30A17(1)
Grand
Theft
22-39-36
Forgery
22-32-8 22-18-1.1
3rd Degree Aggravated
Assault
Burglary
FY99-FY06
Convictions
5,918
3,337
1,651
1,362
1,104
FY99-FY06
Percentage
27.2%
15.3%
7.5%
6.2%
5.1%
DUI and controlled substances felonies total 59.9%
15% of state prison population are DUI felonies
ALCOHOL/DRUGS IN SOUTH
DAKOTA PENITENIARY- 2006-08
• Alcohol Dependent:
– 72% of men
– 66% of women
• Meth Dependent:
– 27% of men
– 45% of women
• Combined:
– 87% men
– 91% women
GOAL
• Defendant sobriety- 24/7
• Target group- anyone arrested for DUI
with prior conviction in last 10 years
BOND CONDITIONS
•
•
•
•
No alcohol
No bars
Breath test- 7am and 7pm
If you skip or fail you go to jail
BENEFITS
•
•
•
•
•
•
Mom and kids are safer
Public is safer
Defendant will spend less time in jail
Treatment prospects improve
Defendant’s employer happy
ALMOST NO COST TO TAXPAYER
SOUTH DAKOTA 24/7 PROJECT
Harding
Perkins
Corson
Ziebach
Campbell
McPherson
Walworth
Edmunds
Brown
Marshall
Roberts
Day
Dewey
Grant
Butte
Potter
Faulk
Spink
Clark
Codington
Meade
Deuel
Sully
Hyde
Hand
Hamlin
Stanley
Lawrence
Beadle
Haakon
Hughes
Jones
Lyman
Kingsbury
Buffalo
Jerauld
Sanborn
Miner
Brookings
Lake
Moody
Pennington
Jackson
Brule
Aurora
Custer
Davison Hanson
Minnehaha
McCook
Mellette
Shannon
Tripp
Fall River
Gregory
Bennett
Charles
Douglas
Mix
Hutchinson
Turner
Lincoln
Todd
Bon
Yankton
Homme
UPDATED 12/31/2008
56 Participating Counties
Clay
Union
AGE GROUPS/ OFFENSES
48% of program
participants have
3 or more DUI
Offenses
NUMBER OF TESTING DAYS
Comparing first test date
to last test date yields an
average of 111.3 days of
participation in the
program.
NUMBER OF SHOW AND FAILS
•680 (66.6%) never failed a test
•175 (17.1%) failed only one
test
•100 (9.7%) failed only twice
PBT STATS
• January 2005 through May 31, 2009
•
•
•
•
11,956 participants (active and completed)
2,087,390 total tests
2,079,359 (99.6%) passed tests
14,207 (.4%) failed tests or no show
A Continuous Alcohol Monitoring System
SCRAM STATS
• Nov 6, 2006 through May 31, 2009
– 1,383 participants
– 163,773 days for an average of 111 days per
participant
– 261 participants had some type of violation
– 781 (or 74.9%) completed participants had no violation
DRUG URINALYSIS
• Detection of drugs through
urine test
• Detectable drugs
–
–
–
–
–
–
–
–
Cocaine
Opiates
Amphetamines
Marijuana
Oxycodone
PCP
Antidepressants
Ecstacy
URINALYSIS STATS
July 2007-May 31, 2009
•
•
•
•
•
1,261 participants
17,730 number of tests administered
17,294 (97.6%) passed tests
436 tests failed
56 no shows
DRUG PATCH
• Detection of drugs through
sweat
• Patch lasts for 7-10 days
• Drugs detected from 1-2
days before patch applied
and up to 24 hours prior to
removal
• Detects
–
–
–
–
–
Cocaine
Opiates
Amphetamines
Marijuana
PCP
DRUG PATCH STATS
•
•
•
•
•
July 2007-May 31, 2009
45 participants
415 number of tests administered
335 (92.8%) passed tests
23 tests failed or no show
SERVICES AVAILABLE – JULY 1, 2007
$2.00 per
day
– Twice per day alcohol testing
$5.00 per
test or $10
per week
– Drug Urinalysis-
$5.00
per day
$40.00
per patch
or $4.00
per day
• Counties with a jail
• Some others
• Counties with high volume
• Need both male and female staff
– SCRAM
• Small counties
• No jail
• Defendant has odd situation
– Drug Patch
• Small Counties
• Counties without female staff
APPLICABILITY- ALL CRIMES
 Pre-trial
 Bond conditions
 Post conviction
 Conditions of suspended sentence
 Parole
 Parole Board imposed
 A & N Children
 Testing imposed upon adults in household as
condition of return of children to homes
DOC Prison Population
• FY 1996
– Inmate population
• FY 2006
– Inmate population
–
• FY 2007
– Inmate population
•
• FY 2008
– Inmate population
–
1908
3428
1520 or 152 annually
3378
-50 less inmates
3344
-34 less inmates
Analysis Methods and
Explanation
• The following analysis compares 24/7 Participants who participated in
the 24/7 program with twice a day testing (PBTx2) to controls (non24/7 participants)
• The comparison analysis is presented on the following three levels
– Any 24/7 participation
– 24/7 participants with at least 30 days of consecutive testing on the program
– 24/7 participants with at least 90 days of consecutive testing on the program
• Recidivism comparisons are made for recidivism based on arrest to
future arrest at 1 year, 2 years, and 3 years
• Controls are drawn from the South Dakota Unified Judicial System
database under a data use and confidentiality agreement
• Recidivism data is cut as of 12/31/2008 (latest data available for
analysis)
*Caution in interpretation is advised because of the sample size. Trends are heading in right direction.
*Caution in interpretation is advised because of the sample size. Trends are heading in right direction.
Summary of Findings
• Compared to non 24/7 participants, arrest to
arrest (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.
• Note: The small sample size available for analysis at 2 and 3 years
should be considered for PBTx2 30 and 90 consecutive days and the
rates may change as more data is available for inclusion in the
analysis.
All PBTx2 Participants
One
Year
DUI Level
1
2
3
4
5
Two
Year
DUI Level
1
2
3
4
5
Three
Year
DUI Level
1
2
PBTx2 with at least 30
consecutive days of tests
PBTx2 with at least 90
consecutive days of tests
Controls
n
n recid % recid
22466 1665 7.4%
4065
292 7.2%
1502
112 7.5%
498
42 8.4%
28
2 7.1%
n
n recid % recid
433
28
6.5%
774
29
3.7%
529
17
3.2%
182
6
3.3%
42
1
2.4%
n
227
389
298
90
23
n
recid
10
6
6
3
0
% recid
4.4%
1.5%
2.0%
3.3%
0.0%
n
recid
2
2
1
0
0
% recid
6.5%
1.4%
0.8%
0.0%
0.0%
n
recid
3
1
1
0
0
% recid
21.4%
2.1%
1.9%
0.0%
0.0%
n
n
recid
4
0
16
0
% recid
0.0%
0.0%
n
31
139
133
35
5
Controls
n
n recid % recid
17956 2357 13.1%
3564
426 12.0%
1424
173 12.1%
486
62 12.8%
22
2 9.1%
n
n recid % recid
149
21
14.1%
335
19
5.7%
296
12
4.1%
115
9
7.8%
24
0
0.0%
n
63
154
147
61
15
n
recid
7
4
5
4
0
% recid
11.1%
2.6%
3.4%
6.6%
0.0%
n
14
47
54
22
2
Controls
n
n recid % recid
12805 2312 18.1%
2831
466 16.5%
n
n recid % recid
40
8
20.0%
95
6
6.3%
n
n
recid
12
3
42
2
% recid
25.0%
4.8%