Probation is one of the judicial community’s keys
to post-conviction management of drunk driving offenders (Voas and Fisher
2001; Judge Karl Grube, TCC Judicial Education Summit Meeting 2002). Long-term
probation — especially intensive supervised probation — allows the judge
to hold the offender accountable for completing the sentence imposed and
for demonstrating responsible, law-abiding behavior. Long-term probation
is one of the most effective ways to manage hardcore drunk drivers following
a conviction (Voas and Fisher 2001; Jones, Lacey, and Wiliszowski 1997;
DeYoung 1997).
Probation supervision has its roots in the monitoring of alcohol-related
offenders. The concept originated in 1841 with John Augustus, a Boston shoemaker
who convinced the court to let him take into his own custody — rather than
send to jail — people appearing before the court on drunk charges. Since
then, probation has allowed offenders to be under a period of supervision
in lieu of incarceration. The terms of probation for DWI vary depending
on the jurisdiction and the specific offense.
Probation is available to offenders in at least 29 states, the District
of Columbia, two territories and the Navajo Nation. A 1999 Maruschak study
of DWI offenders under correctional supervision in the United States found
most DWI offenders — 89 percent — were on probation, with 11 percent incarcerated
(8 percent in jail and 3 percent in state prison). A 2002 report from the
Bureau of Justice Statistics found approximately 707,895 DWI offenders were
on parole in 2001.
The goals of probation are to assist probationers in altering their lifestyles
to become productive, law-abiding citizens, while also protecting public
safety. Probation also affords the offender time to make restitution to
victims and pay any fines. Offenders on probation may undergo alcohol testing
and counseling and education or employment requirements. Probationers are
required to report to their probation officer on a regular basis. Probation
officers also make additional contact with the probationer’s family members,
employers and other case counselors. Offenders who violate the terms of
their probation are subject to escalating sanctions including incarceration.
One promising strategy for hardcore offenders is the use of intensive supervision
probation. These programs usually require an offender to meet with a probation
officer two or three times a week and use several interventions, which can
include alcohol abuse treatment, ignition interlocks, home detention, victim
impact panels and community supervision. An average duration of the program
is four to five months and may be followed by a period of "normal" probation.
Probation is not without drawbacks. Probation supervision requires extensive
manpower. According to the Community Forums Report, it is not unusual for
jurisdictions to have only three probation officers to monitor up to 600
drunk driving offenders. |
