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The high volume and lack of resources in many courts risk
the development of a "fast food" justice system where offenders are processed
quickly and without regard for their individual rehabilitation and restriction
needs. Courts experiencing DWI case overload can be helped by a variety
of resources such as a court manager, a special facility dedicated to hardcore
drunk drivers or a judge who works only on DWI cases.
In many courts, a heavy caseload of DWI offenders is intermingled with a
variety of proceedings ranging from car theft to murder. DWI courts allow
the judge and prosecutor to specialize in DWI cases and keep those cases
from getting lost on the docket. DWI courts provide extended judicial monitoring
of hardcore drunk driving offenders and have |
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been developed to place drunk driving offenders
into programs designed to promote recovery, reduce recidivism and effect
behavioral change. These courts usually include close supervision from judges
and treatment providers, including regular BAC testing and offender accountability.
This approach is relatively new and has yielded promising results in various
parts of the country. It is supported by a majority of judges surveyed,
who recommended the use of DWI courts be expanded (Voas and Fisher 2001).
According to the National Drug Court Institute, there are at least 60 DWI
courts in the nation and 10 more in the planning stages. The nation’s first
drug court focusing on alcohol offenses was initiated in Bakersfield, California
in July 1993 (Mays, Ryan, and Bejarano 1997). In 1995, the Las Cruces Municipal
DWI Drug Court became the second program in the nation and was the first
to incorporate an outpatient approach to DWI Court. The City of Chicago
has dedicated DWI Courts provided through the Traffic Center. These centralized,
specific courtrooms are staffed by state judges and prosecutors whose sole
responsibility is the adjudication of DWI offenders.
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| Individually
Tailored Sanctions for Each Offender, Hancock County, Indiana Superior
Court #2
Judge Richard D. Culver’s program receives all of the DWI and
alcohol offenses as the result of a local rule that routes those
cases to Superior Court #2. Three full-time alcohol and drug certified
probation officers assist Judge Culver by overseeing the alcohol
and drug offender cases.
The goal of Judge Culver’s program is to achieve rehabilitation
without endangering public safety. Alternatives to facilitate rehabilitation
include abstinence, Alcoholics Anonymous, outpatient substance abuse
counseling, inpatient treatment and a jail intervention program
that provides counseling for those in custody. The court also utilizes
a sober life program that includes counseling and antabuse. The
goal of each sentence is to impose a fair penalty for the defendant,
protect society from relapse and provide treatment to break the
cycle of recidivism.
Programs are tailored to each individual offender and center on
personal responsibility. If an offender’s drug test shows a violation,
a warrant officer will arrest the offender within 48 hours. The
program integrates involvement from the entire community — law enforcement,
defense counsel and prosecuting attorneys, as well as the offenders’
families, who agree to provide support for Culver’s efforts.
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