Transcript Document
Alcohol Monitoring Technologies: Tools to Supervise Impaired Driving Offenders Erin Holmes Research Scientist Traffic Injury Research Foundation MADCP Annual Conference March 12th, 2014, Lansing, MI Overview > Alcohol monitoring technologies: » Alcohol interlocks » Continuous alcohol monitoring (CAM) » In-home monitoring » Remote breath testing > Effectiveness research: » Interlocks and CAM > Implementation: » Use in a DWI Court setting » Monitoring and treatment 2 Technologies 3 Alcohol interlocks > An alcohol interlock is a breath-testing device attached to a car’s starter. > It prevents the car from being started when a pre-set level of alcohol is detected in the breath sample presumably provided by the driver of the vehicle. 4 Goals of the device > Alcohol ignition interlocks are designed to protect the public by separating drinking from driving. > Alcohol interlocks are not designed to change drinking behavior. > To change drinking behavior, the device must be partnered with appropriate treatment. > If used appropriately, the alcohol interlock can support both a public safety and rehabilitative approach to drunk driving offenders. 5 How does it work? 6 How does it work? BAC = 0 BAC <= 0.02 Ignition Warn Running Retest BAC > 0.025 Interlock 7 Sensor technology > There are two types of sensors that are be used in alcohol interlock devices: » semiconductor sensors » electrochemical sensors (fuel cells) 8 Electrochemical sensor > How does it work? » Most common technology used in modern alcohol interlocks. » Alcohol in breath sample undergoes a chemical oxidation reaction. » Current that is generated is converted into an alcohol reading that is compared to a baseline reading. » Change in the magnitude of the current is proportional to the alcohol concentration in the breath sample. 9 Electrochemical sensor > Advantages » Device is alcohol-specific and only generates a positive reading if ethyl alcohol is detected. » Is used in most modern breath testing devices including evidential tests due to the high level of accuracy. » Requires less frequent calibration. > Limitations » Electrochemical sensors while more advanced, are also more expensive than semiconductor sensors. 10 Environmental influences > Fuel cells operate at a high temperature; a brief warm-up period is needed prior to analysis of a breath sample. > Warm-up time typically spans a few minutes. In extreme cold environments, a longer period of 5-10 minutes may be required. > Technological advances have significantly reduced the warm-up period. These include: » detachable handset » wireless device 11 Accuracy > Alcohol interlocks with a fuel cell sensor are accurate in detecting alcohol consumption 99% of the time. > Detects beverage alcohol that is consumed, or alcohol in medications or other ingested products (e.g., cough syrup, mouth wash). > The NHTSA specifications state that the alcohol interlock device must prevent the driver from starting the vehicle (even in extreme heat or cold conditions) 98% of the time when the BrAC is .065% or greater. 12 Mouth alcohol > Mouth alcohol is residual alcohol present in the mouth or throat immediately following the consumption of food, drink, mouth spray, or medicine that contain alcohol. > Mouth alcohol can register on an interlock as an alcohol-positive breath sample and can prevent the engine of the vehicle from starting. > This is easily overcome by waiting a few minutes to allow residual alcohol to dissipate, similar to an evidential breath test. 13 Technical standards – U.S. > The goal of a technical standard is to ensure a uniform standard for devices, consistent quality, and efficacy in these devices. > NHTSA developed model specifications for alcohol interlock devices in 1992. » Document provides a guideline; not a requirement. > States have the authority to approve devices for use based on the NHTSA specifications. > Revised NHTSA specifications were released in May 2013. 14 Device features > Device features often set by the state: » language/visual display » BrAC threshold » lock-out time » stall protection time » pullover notice » recall notice » breath volume 15 Device features > There are several new features available on some devices that improve the ability of authorities to monitor interlocked offenders. These include: » camera; » GPS; » real-time reporting; » video streaming; » 911 notification. > Cost vs. benefits 16 Anti-circumvention > Sealed wiring » Special tape or clips around all wiring and circuits to protect them; provide evidence of tampering. > Temperature and pressure gauges » Used to detect ‘non-human’, stored, or filtered breath samples. » Layers of testing for temperature, pressure, duration, moisture, and alcohol content of sample. > Multiple systems available to limit opportunities for non-drivers to provide a breath sample. » Camera, breath pulse, hum-tone, etc. 17 18 Anti-circumvention > Data recorder » Each interlock device contains a data recording device to record every vehicle event (e.g., start tests, re-tests, attempts to circumvent). » Backups of the data protect against loss even if there are power disruptions or tampering attempts. » Data collection enables authorities to monitor and respond to offender drinking and driving behavior. 19 Running re-test > The running re-test feature ensures that a driver remains sober while driving. > It requires random and repeated breath samples while the vehicle is in use. » The first re-test generally occurs within 5-15 minutes after the vehicle has been started. > A breath sample above the pre-set limit will result in a warning for the driver to pull over and stop driving. > The interlock will not shut off a running engine. 20 Running re-test > If a driver fails to provide a re-test or provides a breath sample above the pre-set limit, an auditory or visual warning will occur prior to an alarm being activated. > The alarm persists until the vehicle is turned off. > The driver will also have to report to a service center within a specified time frame. > Failure to report to the service center will result in a permanent lock-out of the vehicle. 21 Continuous alcohol monitoring > CAM allows courts to monitor offender compliance with abstinence orders. > CAM takes the form of an ankle bracelet that continuously monitors and measures alcohol consumption 24/7. > The device has a tamper and water-resistant strap. > Uses fuel cell sensor. > Wireless (i.e., no landline). 22 How does it work? > The device tests samples of vaporous perspiration (sweat) collected from the air above the skin at regular intervals. » Transdermal measurements are recorded twice each hour. > Test results are transmitted to a base station and then relayed to a secure central website. > Actions are taken in response to tampering or drinking events. > This is a valid way of determining whether an individual has consumed a small, moderate, or large amount of alcohol (Sakai et al. 2006). 23 Continuous alcohol monitoring 24 Anti-circumvention features > CAM devices have a number of anticircumvention features. These include: » tamper clip or strap; » obstruction sensor – measures the reflective intensity of an infra red beam between the analog component of the device and the offender’s leg; » temperature sensor; and, » communication monitoring - ensures that the device is functioning normally and capturing and transmitting information related to the offender. 25 In-home alcohol monitoring > Portable breathalyzer devices used at home and plugged into standard outlet. > Allows for the monitoring of offenders through the provision of breath samples, at scheduled intervals. > Alternative to the interlock for offenders who do not have a vehicle; can also be used in combination. > Uses fuel cell sensor. 26 How does it work? > Operation is comparable to interlock. > Offenders are required to provide a breath sample during specified test windows. > The unit signifies to the offender that a test is required (visual/audio cues). > Tests must be completed during the window or a violation will register; failed breath tests also result in violations. > Real-time reporting (wireless). 27 Device features > In-home units have the same features as interlock devices (e.g., preset limit, data logger). > Anti-circumvention features such as temperature and pressure gauges are also found on these units. > Devices can also come equipped with cameras that take photos before and during breath tests. > GPS is also available (due to portable nature of device). 28 Remote breath testing > Handheld, wireless, portable breath alcohol device. > Added features may include: » facial recognition » GPS > Testing can be random, scheduled, or ondemand. > Real-time notification of test results. > Viable option for offenders assessed to be a lower risk. 29 Research 30 Effectiveness of interlocks > More than 10 significant evaluations of interlock programs have demonstrated reductions in recidivism ranging from 35-90% with an average reduction of 64% (Willis et al. 2005). > Research shows that device reduces recidivism among first-time and repeat offenders. > During interlock installation period users have lower total recidivism rates than non-users. 31 Effectiveness of interlocks > A recent study of NM’s interlock program (Marques et al. 2010) found that first offenders who participated had a 61% lower recidivism rate while the device was installed. » They also had a 39% lower recidivism rate following the removal of the interlock when compared to a control group. > In Washington, first offenders who installed an interlock had a 12% reduction in recidivism when compared to those who did not (McCartt et al. 2012). 32 Effectiveness of interlocks > Five studies of repeat DWI offenders revealed interlocks were effective in reducing recidivism while device was installed. > Offenders who participated in a 2-year administrative program in MD had a 36% reduction in DWI recidivism during the period of installation (Rauch et al. 2011). » Also 26% reduction in recidivism two years post-intervention. 33 Reductions in crashes > No conclusive research establishes a correlation between use of interlocks and reduction in alcohol-related crashes. > Alcohol-related crashes are “relative rare” in relation to total driving; low installation rate makes it difficult to measure (Fiedler et al. 2012). > Preliminary research in NM found that as interlock installation rates increased the frequency of alcoholrelated crashes decreased (Marques et al. 2010). 34 Using device in sentencing > Use of interlocks has been historically low/ inconsistent, due in part to reluctance of judges to impose device as a sanction. > California study reported that following the passage of mandatory legislation requiring interlocks for offenders, an installation order was part of sentencing for less than ¼ of repeat DWI offenders. > More knowledge about devices and benefits can increase use. 35 Using the device in sentencing > Impediments to using alcohol interlock as a sanction include: » Perceptions of “too harsh vs. too lenient;” » Concern about cost to offenders; » Concern about technology and level of effort to monitor compliance; » Lack of knowledge about device effectiveness; and, » Lack of comprehensive, current informational materials. 36 Compliance with installation > Many studies estimate that between 25-75% of suspended or revoked drivers continue to drive. > Research suggests that offenders often fail to install the device. » Less than 20% of eligible offenders choose to install device over remaining under full license suspension (Voas et al. 1999). » Research suggests that repeat offenders are less likely than first offenders to install device. > Good follow-up and monitoring are essential. 37 Compliance with installation > Offenders are non-compliant because: » Device is inconvenient, an embarrassment. » Long delay between license suspension and eligibility for an interlock teaches them that they do not need a licence to drive. » Cost of device. > In order to increase compliance, incentives (e.g., reduced fines) and disincentives (e.g., vehicle impoundment, CAM) can be created. 38 Compliance post-installation > Inclusion of sophisticated anticircumvention features greatly reduces the likelihood that offenders will successfully disable, bypass it in a way that is not detected. > As laws become stronger and the level of monitoring has increased, non-compliance has generally declined. 39 Offenders’ and family opinions > Offenders are supportive of the device; report it is effective and prevents them from driving after drinking (Beirness et al. 2007). > In UK study, offenders agreed device: » stopped them from driving drunk; » reduced their drinking; » invoked serious thought about drinking habits; » helped change drinking habits. > Research suggests families also supportive. 40 Removing the device > The interlock should remain installed until offenders are able to separate drinking from driving. > Offenders who are unable to control their drinking may require device as a long-term or permanent condition (DeYoung 2002; Raub et al. 2003). > While recidivism rates do increase once the interlock is removed, the overall reductions are greater in comparison to offenders who never installed the device. 41 Effectiveness of CAM > Many studies have established that consumed alcohol can be measured in perspiration through transdermal testing (Robertson et al. 2006). > A variety of experimental studies have shown this to be a valid method to determine whether an individual has consumed alcohol. 42 Effectiveness of CAM > A Michigan DOC study (Bock 2003) found that the device was able to: » Detect circumvention of alcohol test sampling; » Reliably ensure that test samples are from the intended test subjects; and, » Detect drinking episodes around the clock regardless of subject’s schedule or location. > Offenders reported that the device was “a fastacting deterrent and a preferred method of testing because of the freedom to maintain work and family schedules.” 43 Effectiveness of CAM > The device is most effective with repeat offenders (e.g., 2+ DWI convictions). » Recidivism rate for any crime – 15.7% for CAM users compared to 28.6% for matched group. > The device is effective while it is worn. » Findings comparable to that of interlock; few offenders recidivate while in the program. > The device should be worn at least 90 days. » Offenders who wore the device for more than 90 days recidivated at half the rate of those who wore it for less than 90 days (10% vs. 20%) (Flango and Cheesman 2007). 44 Effectiveness of CAM > 24/7 Sobriety Program in SD uses CAM as well as twice-daily breath testing and urinalysis/drug test patches. > RAND evaluation results: » More than 17,000 offenders had participated (10% of male residents ages 18-40 in some counties). » Reduced repeat DUI arrests at the county level by 12%. » Reduced arrests for domestic violence at the county level by 9%. 45 Effectiveness of CAM > Compliance statistics for CAM from Oct. 10th, 2006 – March 1st, 2014: » 6,269 participants; » 908,755 monitored days; » 704 confirmed drinking events; » 3,037 confirmed tampers; » Approximately 77% of participants never violate; » Per test compliance: 99.7% (SD Office of AG, 2014). 46 Effectiveness of CAM > NHTSA case studies examined programs that utilize transdermal alcohol monitoring devices in CO, MO, NE, NY, ND, and WI (McKnight, Fell, and Auld-Owens 2012; available online: www.nhtsa.gov/staticfiles/nti/pdf/811603.pdf). 47 Effectiveness of CAM > NHTSA case studies examined programs that utilize transdermal alcohol monitoring devices in CO, MO, NE, NY, ND, and WI (McKnight, Fell, and Auld-Owens 2012; available online: www.nhtsa.gov/staticfiles/nti/pdf/811603.pdf). 48 Effectiveness of CAM > Key study findings (McKnight et al. 2012): » Transdermal monitoring is generally effective in deterring offenders from drinking alcohol. » Information collected is generally accurate. » Non-compliant offenders are likely to be identified; violations are reported in a timely-fashion to the appropriate authority. » Transdermal monitoring helps enforce abstinence. » Continuous transdermal monitoring is more effective for monitoring drinking than periodic/random testing. » Practitioners find technology easy to use. » Alternative to incarceration; reduces number of visits to case managers and testing appointments. 49 Implementation 50 It is important to remember… 51 Contexts for technology use > Alcohol monitoring technologies can be utilized in a variety of contexts: » Pre-trial programs; » Probation supervision programs; » Speciality court programs; » Treatment programs; » Re-entry or parole programs. 52 There is no single model > The breadth of available technologies affords practitioners choice. > Several factors can be taken into consideration when determining which device offenders should be required to use: » » » » » What is their risk level? Do they have abstinence requirements? Do they own/have access to a vehicle? Are they indigent? What services are available? > Offenders can be required to use a combination of technologies. 53 Data as risk management > Alcohol monitoring technologies provide information about offenders’ drinking behavior. » Determines compliance to abstinence orders. » Provides assessment of progress in treatment. » Helps to identify offenders who are high-risk and in need of additional intervention. > Provides an opportunity to hold offenders who are non-compliant accountable for their actions. > Identifies treatment opportunities. 54 Data as risk management > For example, alcohol interlock devices are a reliable predictor of drunk driving recidivism. > Offenders who have more DWIs and more interlock warnings/failures logged during the first 5 months of interlock usage predict more than 60% of repeat DWI violations (Marques et al. 2001). 55 Data as risk management > In order for data to be useful, practitioners must know what information should be reported. > Practitioners must also learn how to interpret data and identify patterns in the data. » For example, how to distinguish between a drinking event and mouth alcohol. > Reporting of data brings responsibility: » Data must be acted upon. » Failure to act creates liability. 56 Importance of monitoring > Monitoring offenders on devices is the linchpin to an effective application and pivotal to deterring future offending. > Offenders need to be aware that consequences will be imposed in order to create deterrence. > Non-compliance can be used as teachable moments. » Can help offenders recognize their drinking problem; understand the impact it is having on their life. > Strategies are needed to ensure offenders are appropriately supervised, particularly during initial use of technology. 57 Monitoring challenges > Often monitoring is inconsistent or non-existent for a variety of reasons including: » poor communication between agencies regarding roles and responsibilities; » variations and confusion in reporting paperwork and practices; » a lack of training and education among practitioners regarding the interpretation of reports; » inadequate knowledge regarding what actions can or should be taken in response to events; and » insufficient staff and resources to review reports and follow-up with offenders. 58 Streamlining monitoring > There are several ways that monitoring can be streamlined. These include: » designating responsibility for monitoring offenders to one agency; » establishing a good reporting system (filtering data; » understanding reports; » taking action in response to violations; » allocating adequate staff; and, » facilitating monitoring through the use of DWI/drug courts. 59 Responses to behavior > Responses to data reported are needed. > Use of graduated sanctions: » increase frequency of reporting » use of early recall feature » camera feature » treatment requirement » random testing/home alcohol testing » extension of period of device use » incarceration » combination of technologies 60 Responses to behavior > Basic deterrence theory should guide approach to supervision and violation response. > Sanctions must be: » Swift » Certain » Meaningful » Proportionate > Creates specific deterrence through offender accountability. 61 Responses to behavior > The use of positive reinforcements can be just as important as the use of sanctions. > These actions do not need to be substantial to be effective (Robertson et al. 2007). Some examples include: » giving verbal praise during regular meetings; » decreasing the frequency of monitoring/reporting; » providing a certificate to recognize compliance; » reducing the period of supervision. > Encourages compliance and builds self-esteem. 62 NCDC Interlock Guidelines > NADCP supports the use of interlocks for DWI and Drug Court participants. > NCDC established Ignition Interlock Guidelines for DWI Courts. > Some of these guidelines include: » DWI Court team members need to understand the devices available in their state as well as the use of data loggers/early recall feature. » Devices can be used to help monitor alcohol use. » Use devices with photo identification. » Incentives and sanctions are important. 63 Treatment > To reduce the likelihood of recidivism, there is a need to incorporate technologies into a more comprehensive treatment intervention. > Treatment has the ability to do what devices cannot - i.e., address the underlying drinking issue that leads to offending. > Devices have the potential to complement and facilitate behavior change by: » Providing an independent assessment of compliance with, and progress in, treatment; » Creating opportunities to confirm instances of compliance and use positive reinforcement; and, » Identifying instances of non-compliance. 64 Treatment > Treatment for alcohol issues can be a long process that may include relapse. > The interlock provides a safety net to protect the public in the event of relapse. > Treatment provider should have access to technology data to begin dialogue and facilitate change. » Practitioners use data to show offenders their alcohol consumption. » Can help offenders overcome denial and move towards readiness for change. 65 Treatment > Not all offenders will require or benefit from a treatment intervention. > Eligible offenders should be screened. > Partnerships between courts, probation, treatment professionals, and service providers can enhance the benefits of alcohol monitoring technologies. > Challenges with including treatment: » resource allocation; » patient confidentiality; and, » education of treatment providers. 66 Performance-based measures > Programs are beginning to adopt policies that are based upon offender performance. > Fewer violations can result in a shorter period of supervision whereas more violations can result in an extended period of supervision or program participation. > Offenders who demonstrate consistent non-compliance require intensive supervision. » Likely candidates for CAM in addition to other technologies (interlock/in-home). 67 Cost concerns > Devices rely on offender-pay schemes. > Cumulative costs place large financial burden on offenders (e.g., fines, fees). > Concerns about the potential for a two-tier system resulting in inequality. > Research has shown that judges are concerned about the costs associated with devices such as interlocks. > Indigent offenders are an issue that can be addressed. 68 Device costs > Interlocks average approximately US $70.00 for installation; $70.00 monthly for monitoring. » Costs may be higher in rural jurisdictions. > The cost of the alcohol interlock device is about $3-4 per day; the cost of a drink. > The cost of other alcohol monitoring technologies varies: » CAM – $7-12/day » In-home – $4-5/day » Remote breath testing - $5-6/day 69 Indigency > Challenges defining indigency. » Different meanings in different communities of practice. » Indigency vs. “unaffordability.” > Need to identify clear eligibility criteria. > The creation of a form is recommended. > Reduced fines/fees or indigent funds can cover partial or complete cost of interventions. 70 Overcoming barriers > Some strategies to overcome technology implementation issues include: » Identify the most appropriate device(s) for each DWI/drug court participant. » Provide practitioners with information about the devices that are available. » Provide practitioners with information about device technology and research on effectiveness. » Train practitioners to interpret data. » Establish monitoring protocol; graduated responses. » Establish objective indigency/unaffordability criteria. » Provide ongoing education. 71 Comprehensive approach > Use of technology in conjunction with: » supervision/monitoring; » treatment to address underlying substance use issues; and, » offender accountability. > Importance of swift, certain, and meaningful sanctions. > The DWI/drug court model incorporates each of these elements. 72 Conclusions > A range of alcohol monitoring technologies are available. > These devices are reliable, accurate, and have multiple anti-circumvention features. > Research has demonstrated that both alcohol interlocks and continuous alcohol monitoring are effective interventions. > There is no one-size-fits-all approach; use of technology should depend on individual offender. 73 Conclusions > Devices provide data that can be used to manage offender risk. > Technologies are a viable sentencing option to use as part of a larger supervision plan. > In order to create long-term behavior change, technologies must be paired with supervision and treatment interventions. > Specialty courts are uniquely positioned to take advantage of the benefits associated with alcohol monitoring technologies. 74 Stay informed. 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