Traverse City News and Events

The Ticker goes to Sobriety Court

Sept. 21, 2011

One by one, drunk-driving offenders stand before the judge. They talk about how they’re doing … how things are going with their life, work and family. Some have just been sentenced last week. Others are several months in. A few are set to graduate from the program that day.

That program? One of the best decisions 86th District Court Judge Michael J. Haley has handed down from the bench: Sobriety Court.

“I was sick of the frequent flyer program in the district court – especially the repeat offense drunk drivers,” Haley says.

So in 2001, Haley implemented a Sobriety Court program in the 86th District Court, which covers Antrim, Grand Traverse, and Leelanau counties. Based on a “forced treatment” model, its goal is to identify and treat the underlying issues of drunk driving offenders so they don’t make the same mistake – a third time.

A sobering national statistic: Drunk drivers re-offend at a rate of about 30 percent. But Haley says an “outcome evaluation” of his Sobriety Court that was completed a few years ago showed its graduates – about 600 to date – re-offend at a rate of 3 percent.

Approximately 65 percent of offenders sentenced to the program complete it. “But the research show that the recidivism rate goes down dramatically for all who participate – even those who don’t graduate,” notes Haley. “A person is 10 times less likely to be a repeat offender after going through the program.”

That success with two-time offenders prompted the Circuit Court to try out the program on felony drunk drivers (those who have had three arrests). Haley says the program now consists of 65 percent felony drunk drivers.

The program’s pull for thrice-arrested drivers is simple, says Haley: “A Sobriety Court sentencing does not include jail up front, and this clearly is an incentive for some.”

The problem-solving court is also a fast-track system with intense supervision by a probation officer, frequent interaction with Judge Haley, counseling, 12-step meetings and other support. A substance abuse assessment is performed the same day as arraignment (within seven to 10 days of arrest) to determine an offender’s suitability for the program. Only those who are chemically dependent are admitted, Haley explains.

The program also includes regular screening for substance use. “This is why the program works,” he says. “We keep the participants sober enough by frequent and random drug testing (urine and breath), so that their minds might clear up enough to let the treatment have a beneficial effect.”

And the cost? Nowhere near jail time, which has shown to be ineffective with substance abuse issues. “The program costs next to nothing to operate, just more time on my part,” Haley says. “Instead of closing the file at sentencing, I see each participant about 36 to 44 additional times at review hearings.”

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