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www.HopeNetworks.org
Problem:
Louisiana is
at a point of crisis in alcohol related harm/injury, and fatalities
across the state.
Need for reform in sentencing, creation of sentencing standards
statewide.
Alcohol problems (problem drinkers) are not being identified,
those with “Alcohol problems” are therefore not offered resources
for these problems, and the results are repeat offenses by
individuals. The repeat offenses are often chronic in nature, in
fact as chronic as the disease (Alcoholism/Alcohol Dependence) most
of the arrestees suffer from.
- Nearly three-quarters of drivers convicted of driving while
impaired are either problem drinkers or alcoholics.
- Binge drinkers (those who consumed five or more drinks at a
single sitting during the past month) are 30 times more likely to
drive while impaired than those who do not binge.
- Problem drinkers and Alcoholics often require treatment for
this brain disease, to have the ability to become accountable,
they have lost the power to choose responsibly.
Need:
Statewide mandated system that will effectively identify and treat
those in need of treatment for alcohol dependence (Alcoholism).
Screenings or “Brief Interventions” provided by state licensed
professionals charged with public health diagnosis of illness
related to substance abuse.
Assessments must be conducted on every person arrested for DWI in
Louisiana. Effective clinical assessments can then be sent to
courts. The courts can then provide both treatment, and criminal
penalties, this will also afford effective monitoring of individual
cases and outcomes by parish for both public health and court
purposes.
DWI arrestees not being processed in our “Drug Courts” or in
accordance to the intent of our drug court laws, has brought
enormous consequence to the people of Louisiana. Alcohol is a drug,
and is identified as such in the legislation creating the Louisiana
Drug courts. The purpose and intent of protecting the public and
providing those suffering from a chronic illness a realistic,
effective, system to reduce their recidivism, by treating the very
disease that results in the criminal behavior.
Solution:
Mandate all DWI arrests be processed in “Louisiana DWI
courts”, which will be established and more clearly defined in
amendments to the existing drug court law, clearly establishing the
Louisiana DWI Court.
Purpose:
to make offenders accountable for their actions, bringing about a
behavioral change that ends DWI recidivism, stops the abuse of
alcohol, and protects the public; to treat the victims of DWI
offenders in a fair and just way; and to educate the public as to
the benefits of DWI courts for the Communities they serve.”
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Intensive Probation Supervision with Treatment:
Intensive probation supervision with treatment is an alternative to
incarcerating repeat offenders. This early intervention program
seeks to reduce alcohol-impaired driving by addressing and
preventing the problems that repeat offenders’ drinking habits
create, and provides intensive individual counseling and
monitoring.
Implementation
of this program in
Louisiana
could decrease recidivism by an estimated 48%,
causing DWI crashes to decrease by 4%. Typically, per person
arrested, this program costs approximately $1,100 and can avoid an
estimated $5,500 in crash costs and $480 in incarceration costs.
Identify resources for funding such
DWI Courts
Legislation amends the law below allowing for formation of
Louisiana
DWI Courts
5301. Purpose
The Legislature of Louisiana recognizes the critical need for
criminal justice system programs to reduce the incidence of alcohol
and drug use, alcohol and drug addiction, and crimes committed as a
result of alcohol and drug use and alcohol and drug addiction. The
legislature also recognizes that the problem of alcohol and drug
abuse among the citizens of Louisiana is excessive and needs to be
addressed and corrected not only for the health and welfare of the
citizens of this state, but also because alcohol and drug abuse or
dependency has been identified as a contributing factor in the
commission of many crimes. It is the intent of the legislature by
this Chapter to create a program to
facilitate the creation of alcohol and drug treatment divisions in
the various district courts of this state.
§5302. Goals
The goals of the alcohol and drug treatment divisions created under
this Chapter include the following:
(1) to reduce alcoholism and drug abuse and dependency among
offenders.
(2) To reduce criminal recidivism.
Our legislation will
amend this, placing a focus on Alcohol related crimes due to the
epidemic our state is facing in Public Health, Safety, and
Corrections.
Research tells us 3/4 of those convicted of DWI are problem
drinkers or alcoholics, we must become willing to view this
problem in our community as the public health issue it is, if we
are to reduce the threat posed to our public safety. If we are to
make a dent in reducing the number of people driving on our roads
while intoxicated, aggressive screening, treatment, and
monitoring is needed
Effective Systems have been identified for reducing state spending
and in reducing the family cycle that continues when Alcoholism is
not effectively identified and treated
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Effective Treatment Works.
Coerced substance abuse
treatment is just as effective as voluntary treatment.
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Source:
Miller NS, Flaherty JA. Effectiveness of coerced addiction
treatment (alternative consequences): a review of clinical
research. Journal of Substance Abuse Treatment 2000; 18:9-16.
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The average benefit of substance
abuse treatment exceeds the costs by three to one. |
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Source:
CSAT by Fax,
May 10, 2000;
National Treatment Improvement Evaluation Study (NTIES); http://neds.calib.com/products/pdfs/cost-ben.pdf |
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Most
widely abused drug/ While least focused on in state systems
Alcohol is the most widely abused drug in the U.S, and in Louisiana,
the public supports treatment, yet we have not addressed this issue
in criminal proceedings involving alcohol in an effective way.
Costs
alone merit effective reform
The single drug linked to the largest percentage of state costs is
alcohol. We were able to identify $9.2 billion in state
spending linked to only to alcohol
CASA-Shoveling Up the Costs Substance Abuse
NOTE:
Louisiana Drug Courts do not reflect the statement above, as the
primary focus of Drug courts is on illicit drugs and crimes
committed while under the influence of such.
2nd Party
effect of untreated/un identified alcohol problems include:
Harm to citizens
Loss of life-reducing
victims and suffering of innocent persons, by actually addressing
underlying illness linked to ¾ of DWI related highway
fatalities.(More than 400 deaths annually)
Reducing State Spending:
Alcohol costs Louisiana more than $330 million dollars in direct
costs each year, and the 1.7 billion in indirect costs. (source:
Richard Scribner, LSU Health Science)
Auto Insurance Rates
Alcohol-related crashes accounted for an estimated 18% of
Louisiana’s
auto insurance payments. Reducing alcohol-related crashes by 10%
would save $60 million in claims payments and loss adjustment
expenses. Greatly improving the citizen’s ability in this state
to gain access to affordable car insurance.
Overview of Models in place:
From Kansas City,
MO
If a
drug court model keeps repeat offenders working and off alcohol for
even a year, Christoff said, it more than pays for itself. That's
partly in reducing crime and prison costs and partly because a sober
person is more likely to work regularly and to pay taxes.
A
study of Jackson County's regular drug court last year found it cost
about $2,500 per addict, but each graduate who stayed straight for
three years saved society an estimated $30,000 in welfare, crime and
prison costs.
Repeat drunken drivers are among the hardest substance abusers to
deal with, Christoff said. They are usually severely addicted, he
said, and must be tested often because alcohol clears the body
faster than drugs.
At a
Buchanan County drug court graduation last summer, five of the 20
graduates were alcoholics. About 40 of the approximately 160
substance abusers in the program are drunken drivers with three or
more convictions.
If
it works for them, said Buchanan County Circuit Judge Patrick K.
Robb, it beats straight prison time because it ends the addiction.
"They go to prison," he said of alcoholics, "and they can return in
worse shape than they began."
For more
information or involvement contact:
HopeNetworks.org
Samantha-Hope Atkins
Executive
Director
HopeNetworks.org
Community
Organizations
working for change.
225-806-8552
8867
Highland Road
Suite 320
Baton
Rouge, Louisiana 70808
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