Judge Neil Edward Axel District Court of Maryland (retired) Maryland Highway Safety Judicial Conference December 2, 2015 Best Practices & Sentencing Alternatives in Impaired Driving Cases

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Sentencing Limitations Douglas v. State, 130 Md.App. 666 (2000) Trial judge has “virtually boundless discretion” Sentence should be “individualized” to fit the offender and not merely the crime. Probation with such terms & conditions as the court deems proper [§6-221, Criminal Procedure Article] Conditions must be clear, definite & reasonable 3

Sentencing Goals in Impaired Driving Cases Accountability Punishment Treatment Fine & costs Protection of the Public Deterrence/prevention General Specific Set/mirror community standard? 4

Scenario #1 The Defendant was lawfully stopped at 2:00 a.m. and submitted to breath testing with a BAC of He pleads guilty to impaired driving without a plea agreement. The offender has no prior criminal or traffic record. What do you do? 5

Scenario # 1 - Sentencing Is there a “standard” sentence for this first offender? What information is important to you in arriving at your sentence? Do you need additional information? Which has the greater impact on your sentencing decision: facts about offense or facts about defendant 6

Scenario #2 Defendant pleads guilty to DUI with 0.21 BAC Stop based on crossing center line on 2 lane road Defendant has little recall of event Offense occurred 8 months prior to plea Has 1 prior DUI 6 years earlier (BAC – 0.17) No new offenses since arrest Willing to enter treatment but hasn’t had the time to do so What do you do?

Query Is there a correlation between what you want to accomplish in sentencing and the techniques you employ? Are your sentences effective in meeting the “goals” of sentencing? Does your sentence do more than just close out the case? 8

Best Practices & Sentencing Alternatives 9

Hard Core Impaired Drivers What Doesn’t Work Fines & jail alone Traditional probation Community service License suspension Victim impact panels What Works Close judicial supervision Intensive supervision Interlock Assessment & treatment Cognitive behavioral therapy DUI Courts 10

DUI Courts In General Developed as a more effective judicially coordinated treatment-focused program to help reduce the adverse impact of repeat substance abusing offenders on the court system and the community at large. The Court directly manages, oversees and supervises treatment and recovery. The Court recognizes day-to-day success and failure on the spot with a system of sanctions and incentives while working with treatment providers to enforce and adjust treatment plans. 11

12 Maryland Problem-Solving Courts Evaluation – Final Report (December 2009) 51% graduation rate 73% reduction in positive UA’s 19% reduction in recidivism rate 29% reduction in new arrests Average 2-year cost savings of $1982 per adult participant Average 18-month cost savings of $2551 per juvenile participant

Improving Outcomes & Changing Behavior: Lessons from Drug/DUI Court Need for closer supervision Need for reliable assessment tools Need for better coordination between supervision & treatment Need to respond quicker to relapse/violations Need to be able to adjust treatment Need to understand addiction & recovery Need for greater judicial involvement 13

14 Reasons For Success: Evidence Based Practices Team approach Moving/pushing individuals from compliance to commitment - Coerced treatment works Ongoing judicial interaction & encouragement Close supervision & accountability Frequent court reviews Team reviews Sanctions & incentives Close coordination between treatment & supervision Ability to identify & overcome barriers to success

Substance Abuse Treatment An encounter with the criminal justice system provides a valuable opportunity to intervene in an individual’s life by identifying the clinical needs of substance abusers and then confronting them with the consequences of their own drug and alcohol use.” “Responding to Substance Abuse: The Role We All Play,”

16 NIDA Principles of Drug Abuse Treatment for Criminal Justice Populations (Sept. 2007) Recovery from addiction requires effective treatment, followed by management of the problem over time Assessment is the first step in treatment Treatment must last long enough to produce stable behavioral changes Tailoring services to fit the needs of the individual is an important part of effective treatment Drug use during treatment should be carefully monitored Continuity of care is essential for drug abusers re-entering the community Medications are an important part of treatment for many drug abusing offenders A balance of rewards and sanctions encourages pro-social behavior & treatment participation

Drug & Alcohol Testing 17

Community Supervision Supervised probation Unsupervised probation Is there: Adequate supervision? Adequate testing regimen? Timely treatment intervention and follow up? Timely reporting of violations to the court? Timely response by the Court to relapses/violations? 18

Judicial Supervision Deferred sentencing Review/reconsideration hearings Staggered sentences But see Montgomery v. State, 405 Md. 67 (2008) Progress reports from probation 19

Judicial Interaction with Defendant Judicial demeanor Quality of interaction as influential Length of judicial interactions Direct interaction with the defendant 3-7 minutes 20

Sentencing Options: Your Ideas 21

Questions? Comments? 22