2.2.4 CARACTERÍSTICAS DE LA PRISIÓN PREVENTIVA

The 24/7 program is perceived to be successful by State officials in South Dakota and is

operating in a majority of the counties (85%). The program demands sobriety and checks on it by breath testing offenders twice per day over 4 months. With the 99% compliance rate from a reported 640,000 breath tests over 3 years, it appears to be successful while in force. The 24/7 Sobriety Project has not been evaluated to determine if it reduces the recidivism of offenders compared to a standard program.

II. Wyoming, “DUI Supervised Probation Program”

The DUI Supervised Probation (DSP) program currently operates in Fremont County, Wyoming. The DSP program is a standalone program, designed for use in many different environments, including a standard court, a drug court, a treatment provider, a probation office, or other social service agencies. The DSP program serves rural communities where there are relatively high rates of impaired driving and where communities suffer from limited resources.

The DSP program began in September 2004 as part of a 3-year pilot project through a federal highway safety grant from the Wyoming Department of Transportation to Injury Prevention Resources (IPR) of Wyoming, a nonprofit agency. IPR provides direct services to residents in Fremont County and resources to communities throughout the State of Wyoming.

The DSP program provides direct supervision of DUI offenders to ensure that they comply with the conditions of court-ordered probation. About half of the offenders in the DSP program are Native American. The majority of program participants are typically drivers 18 years or older who have been convicted of DUI for the second time within 5 years and have been ordered by the court into the DSP. If the offenders refuse to report to the DSP, typically the court sentences them to the remaining portion of their original jail term. Eligible offenders must have no pending charges for violent offenses and not currently supervised by any other agency.

The DSP program is an intermediate step between unsupervised probation and Drug Court, which is intensive supervision probation for the highest-risk offenders. While the DSP may contain similar program components, it does not replicate services provided by other agencies. A. Program Description—DSP

The DSP program is individualized, comprehensive, and relatively long-term. During the first 3 months in the program, offenders are required to meet with their caseworker at least once each week. After the initial 3 months, contact with caseworker may be reduced to every 2 weeks, if the offender is compliant with the conditions of probation. After 9 months of compliance, contacts with caseworkers may be reduced to monthly. If after 1 year the offender has successfully completed all conditions of probation (as determined by the caseworker), the

offender may petition the court for release from supervised probation. If not, offenders remain on supervised probation for up to 24 months and the court decides what course of action will be taken.

All DSP offenders must obtain a substance-abuse evaluation and complete treatment plans as recommended. Offenders must sign a release-of-confidentiality so that the caseworker can evaluate treatment documentation. Caseworkers also ensure that offenders complete their

treatment as ordered. Abstinence from alcohol and drugs is required with routine and random testing for evidence of alcohol and drug use. Offenders are required to have either full time employment, attend school full time, or perform community service and the caseworkers monitor all of these activities. Offenders also must pay all fines ordered by the court (including any unpaid fines from previous offenses). All offenders are required to attend a DWI VIP, and most offenders are also required to complete a DWI education course in addition to any professional treatment they receive. Attendance at regular AA meetings is required for many offenders, depending on the outcome of their assessment.

Compliance results in release from probation at the end of the required term. Caseworkers conduct exit interviews with each offender upon completion of the program. During the exit interview, offenders are asked about what was most helpful, least helpful, and most difficult for them. After 1 full year, offenders who complete all probation requirements successfully with no additional incidents are advised by their DSP caseworker that they may request to be moved to unsupervised probation or possibly removed from probation entirely.

Because the DSP program is individualized and based on the needs of each offender, the definition of noncompliant may vary. When offenders are noncompliant (as determined by the caseworker), the caseworker has several options available, including requiring the offender to attend additional AA meetings, to obtain an updated evaluation and treatment plan, to submit to daily alcohol testing, and/or to attend more frequent meetings with the caseworker. If an offender refuses to meet with his/her caseworker or is arrested for another DWI or alcohol- or drug-

related offense, the offender is turned back to the court to determine what action will be taken (usually probation is revoked and the offender must serve his or her full jail sentence).

DSP caseworkers do not visit the residences of offenders, as this could be dangerous. However, caseworkers may make contact with offenders outside of DSP offices at a public location agreed to by the caseworker and the offender.

Throughout the offender’s participation in the program, all offenses are documented. Offenses can range from incidents of relapse to new criminal charges. Examples include failure to meet with a DSP caseworker, not completing treatment requirements, nonpayment of fines, or continued use of alcohol. If an offender who has done very well on the program misses an appointment, the likely response would be limited to a discussion with him or her at the next appointment. An offender who continues to drink but is very honest about relapses might be ordered to attend daily AA meetings and twice daily alcohol testing, and more frequent meetings with the caseworker (with a note to the court advising of these additions). An offender who has only one relapse but refuses to admit it may be referred to the Prosecuting Attorney’s office for a warrant. DSP caseworkers expect most offenders to fail at some point during the program (these are high-risk offenders who typically have not had a lot of success in their lives), but as long as the offender is working toward success, the caseworkers will continue to work with them. DSP defines failure as (1) refusing to meet with a DSP caseworker; (2) another DWI or alcohol/drug­ related offense; or (3) dishonesty about compliance with conditions of probation (including dishonesty about continued drinking).