24/7 SOBRIETY OFFICE OF ATTORNEY GENERAL LARRY LONG

DWI DWI DWI Vehicular Battery Vehicular Homicide TOTALS FY99 FY07 Convictions FY99-FY07 ALL FELONY CONVICTIONS 24,640 DUI FELONIES were 34.9% of all felony convictions DUI FELONIES FY 99- FY07

OTHER FELONIES Possn. of Cont. Subst A- 17(1) Grand Theft Forgery rd Degree Burglary Aggravated Assault FY99-FY06 Convictions 5,9183,3371,651 1,3621,104 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 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

Butte Custer Corson Bennett Tripp Stanley Sully Potter Edmunds Faulk BrownPerkins Jerauld Aurora Marshall Day BrookingsKingsbury Minnehaha Deuel Gregory Todd Yankton Harding Pennington Lawrence Meade ZiebachDewey Haakon CampbellMcPherson Walworth Spink Roberts Grant ClarkCodington Hamlin HydeHand Beadle BuffaloSanborn Miner LakeMoody Brule DavisonHansonMcCook Lyman Charles Mix DouglasHutchinsonTurnerLincoln Bon Homme Clay Union Jones Mellette Hughes Jackson Fall River Shannon UPDATED 12/31/ Participating Counties SOUTH DAKOTA 24/7 PROJECT

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 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, ,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 1,261 participants 17,730 number of tests administered 17,294 (97.6%) passed tests 436 tests failed 56 no shows July 2007-May 31, 2009

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, participants 415 number of tests administered 335 (92.8%) passed tests 23 tests failed or no show

SERVICES AVAILABLE – JULY 1, 2007 –Twice per day alcohol testing Counties with a jail Some others –Drug Urinalysis- 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 $2.00 per day $5.00 per test or $10 per week $5.00 per day $40.00 per patch or $4.00 per day

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 1908 FY 2006 –Inmate population 3428 –1520 or 152 annually FY 2007 –Inmate population less inmates FY 2008 – Inmate population 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 (non- 24/7 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.

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 PBTx2 with at least 30 consecutive days of tests PBTx2 with at least 90 consecutive days of tests One Year Controls DUI Levelnn recid% recid nn recid% recid n n recid% recid n n recid% recid % % % % % % % % % % % % % % % % % % % 50 Two Year Controls DUI Levelnn recid% recid nn recid% recid n n recid% recid n n recid% recid % % % % % % % % % % % % % % % % % % % 20 Three Year Controls DUI Levelnn recid% recid nn recid% recid n n recid% recid n n recid% recid % % % 400.0% % % % % % % % % % % % % % 500.0% 30 10