When offenders graduate from Maricopa County, Arizona's, DUI Court, they get a certificate, a handshake from a judge and an opportunity to share what they have learned from the program with their peers.  In the courtroom that day, there is a lot to celebrate and a lot of emotion comes with that.

"There are some times when it's hard to maintain a dry eye," said Karen Barnes, Supervisor, Maricopa County Adult Probation.

Graduation day, for these offenders, represents a significant achievement: they have successfully completed the requirements of the county's DUI Court program, which include staying sober and getting back on a positive track in life.

The DUI Court program targets offenders living in certain areas of Maricopa County, including Peoria, Glendale, Scottsdale, Tempe and parts of Phoenix.  Eligible offenders include those who have been convicted of an aggravated DUI, which means it is either their third drunk driving offense or they were driving drunk with a suspended license or no license at all, and those who drove drunk with their children, or a person under the age of 15, in the car.

When the county started its DUI Court in 1998, it teamed up with Massachusetts-based Mid-America Research Institute, which studied the program during its first five years of existence to determine its impact on the recidivism of DUI offenders.  Because only offenders living in a certain geographical area were assigned to the DUI Court, many were also placed on regular probation, enabling Mid-America to compare the two groups.

Although the final report is still in the works, preliminary research findings indicate that the program has been a success, according to Barnes.

Lower Recidivism

For every 100 standard probationers that recidivated, only 73 percent of the DUI Court participants recidivated," said Barnes. 

She added that those offenders who graduated from the DUI Court had only a 3.6 recidivism rate after two years of being released from the program.  The control group of offenders, or those who were placed on regular probation, had a 6.4 recidivism rate.

Barnes said those results are statistically significant. She attributed the DUI Court's positive impact on offenders to the close supervision they receive while they are in the program.

Increased Supervision

According to Barnes, the DUI Court program employs surveillance officers who drop by offenders' homes unannounced to conduct Breathalyzer tests.  While the surveillance officers make these visits one to four times a month, the offenders are required to meet with their probation officers once a month in their offices, as well.

Beyond random visits, DUI Court participants are mandated to return to court every four weeks and appear before the judge and team of professionals assigned to his or her case.

The team is comprised of the judge, the public defender, the county attorney, someone from the probation department and representatives from community treatment providers. 

"When we go into court, the judge talks to [the offender] about how they have done [since] the last time [they appeared in court]," said Barnes.  "They either get a sanction or an incentive, according to their performance in the last four weeks."

Barnes said if offenders violate their probation by drinking or not attending treatment, they could be required to do community service or even be sent to jail.  She explained that DUI Court participants all receive 60 days deferred jail time, which the team can use at any time as a sanction for a violation of the conditions of their probation.

Alternatively, if offenders have been complying with the conditions of their probation, the team will award them with incentives, like getting moved to the front of the court calendar.  And, at each meeting, if the offenders have been abiding by the rules of the program, their deferred jail sentence is reduced by five days, Barnes said.

All of these decisions are made together, by the team, which gets to know the offenders as they appear in court each week. 

"[We] get to know the people over the time," Barnes said.  "We all know if somebody has been doing really good," she said.  "If we all disagree [on a decision], the judge will have the last word."

But having all of the key players sitting around the same table is helpful because it facilitates information sharing about whether or not the offenders have been attending their treatment sessions and complying with the conditions of their probation.

Plus, Barnes pointed out, there are other program participants in the courtroom when DUI Court is held who sometimes know when one of their peers is lying about drinking or driving without a license.

"The clients sometimes call them on it a lot better than we do," Barnes said.

But Barnes believes that the judge has the most significant impact on the offenders in the DUI Court in Maricopa County.

Answering to the Judge

"That relationship with the judge is providing them with good feedback," said Barnes, noting that the judge praises the offenders for their positive accomplishments instead of just reprimanding them for their mistakes.  "To have a judge being proud of them makes such an impact."

And, during the course of the program, offenders will sometimes bring their families to court with them, giving the judge and the other team members an opportunity to develop relationships with the offenders' support systems.

"I think that is a huge factor," Barnes said. 

Because the DUI Court participants are under closer supervision and continually being held accountable for their actions before a judge and a team of professionals, Barnes believes that this kind of specialized probation has a positive effect on the recidivism rates of this population.

While the research still needs to prove this true, Barnes knows that DUI Court is having a stronger impact on offenders because she lives it every day.

"I see people's lives change," Barnes said.  "I know more about people than I ever did just seeing them once a month in the office."

Resources:

To contact Barnes email:
kabarnes@apd.maricopa.gov