State university and the university of south dakota law school. From 1973 through 1990, he was a states attorney and prosecuted hundreds of felony cases. He served as the chief Deputy Attorney general for south dakota. In 2002 was elected t eed the s Dakota Attorney general. He has been a judge since then. He created the 24 7 Sobriety Program you will hear about today. Its a zero Tolerance Program for alcohol abusing offenders that give them a chance to dry out and walk right without going to prison. It has been recognized as being effective, efficient and humane. In 2008, council of state governments saw the merit in the program by awarding it an innovations award. The institute for behavior and Health Awarded it the john p. Mcgovern award in 2009. The national Highway Traffic Safety Administration gave it the life savosavers award in 2. To his left is the honorable stephen ohm. Judge ohm is a former prosecutor and now sits as a judge in hawaii. From 1994 to 2001, he was the United States attorney for the district of hawaii. He took the bench in 2001 and has been a circuit judge in honolulu ever since. In that capacity, he established the hope program as means of using probation aggressive drug testing and the imposition of certain swift but modder at punishment. He runs the hope and Adult Drug Court programs for hawaii. Like the 24 7 Sobriety Program, judge ohms program has received numerous awards. In 2007, hope received the American Special merit citation. In january 2009, judge ohm received the mcgovern award presented by the institute for behavior and health. For the most promising drug idea of the year. In 2013, the Kennedy School of government at harvard named hope as one of the top 25 innovations in government. In fact, just this month, judge ohm received an award and is here now only after receiving that and will be able to tell about you that and his program. To judge ohms left is dr. Robert l. Dupont. A graduate of the Harvard Medical School who completed his residency in psychiatrist at National Institutes of health. Dr. Dupont was the director of Community Services for the district of Columbia Department of corrections. From 1970 to 73 he was the founder and administrator of the d. C. Narcotics treatment administration. In 73, he became first director of the National Institute on drug abuse and the second white house drug chief, a position now known as the drug czar. Dr. Dupont left the government in 1978 to found the institute for behavior and health, a Nonprofit Research and policy Development Organization devoted to the reduction of illegal drug use. Dr. Dupont is a clinical professor of psychiatrist and Vice President of dupont associates. He has devoted his career to an analysis of the link between addiction and corrections and to the creation of opportunities to reduce drug and alcohol abuse, recidivism and incarceration. Join me in giving them a hand as well as listing to what each of them has to say, because each one will talk about very important Public Policies and how we can deal with them. Thank you. [ applause ] good morning. My name is larry long. In south dakota, the criminal Justice System is fuelled by alcohol and by repeat offenders. From fiscal year 1999 through fiscal year 2010, 37 of all felony convictions were drunk driving. They have at least three dui convictions within a tenyear period. That defendant has been through the criminal Justice System at least twice and been convicted of drunk driving before he gets his third offense and makes it to a felony level. That defendant is a repeat offender by any measure. After i was elected attorney general and took office in 2003, the governor asked me to serve on a work group to tackle south dakotas increasing prison population. I dusted off and proposed an Alcohol Testing program i had used nearly 20 years previously. That proposal became the 24 7 sobriety project. The original goal of the 24 7 sobriety project was to keep the defendants sober 24 hours a day, seven days a week. And as we started experimenting and piloting the program, our target group was repeat dui o offend offenders. Anybody arrested who had a prior conviction within the previous ten years. The tools that we used for that experiment, for that pilot were the conditions of pretrial release or bond conditions. There were five of them. First of all, the defendant was told you cannot consume alcohol at any time, any place, under any circumstances. Secondly, you cant go in a bar. By a bar we define that as in i place where alcohol was available for purchase and consumption on the premises. The third condition was that you will show up at the Sheriffs Office every morning at 7 00 and again every evening at 7 00 and take breath tests so we can verify that you are compliant with condition number one. The fourth condition was if you skip or fail, you will go to jail. And the fifth condition then was, you will be released the next day. We will put you in the system and you will start over. The design of the system was to operate like an electric fence. How many of you show of hands have touched an electric fence . Okay. How many of you have touched it a second time . Okay. Its not more complicated than that. Well, so we started down the process of putting this program together. And we immediately ran into some issues. The first issue is, south dakota is a very rural state. Some of our people who were testing twice a day lived more than 30 miles from the test site. That required them to travel 60 miles twice a day in order to comply with the test requirements. That was a problem. So what we did was we adopted a tool. That tool is the ams scram bracelet which is a bracelet you wear on your leg. It gathers emissions from your sweat glands and tests them for alcohol on an hourly basis. That allowed these people to be tested as part of the program and not have to travel. The second problem we discovered was that many of the participants were switching from alcohol to some other drug in order to maintain their high or whatever, deal with their issue. But yet be able to pass the alcohol test. So then we implemented a urinalysis Testing Program as a supplement to our Alcohol Testing program. Those people had to test about twice a week. But that also identified a third problem. The third problem was some of south dakotas many of south dakotas counties are very small. Often the Sheriffs Office only has one fulltime sheriff and one or two parttime staff. So urinalysis requires more staff than that. So we also adopted the drug patch or the feds use this patch regularly. It has been federal probation uses it a lot. In any event, we adopted the drug patch also into our arsenal of tools to run our program. We were success fm enough in our pilot that by 2007, the south Dakota Legislature had approved our program and authorized it for use state wide. As it stands now in south dakota, the 24 7 sobriety project is available for all crimes, not just drunk driving. Of course, that represents and reflects the reality that there are lots of crimes that are alcoholrelated that have nothing do with drunk driving. But yet those people are good candidates for our system. The program is available at pretrial or bond level. It is also available for judges to use at post conviction as a condition of a suspended sentence and its available tore the parole board so they can release individuals under supervised release for alcohol and drug use as a condition of being discharged from the penitentiary. Now, the question then is, are we doing any good . I will call your attention to the first slide. It may be a little difficult to read. But we have been doing twice a day testing in south dakota since february 1, 2005. To date, there have been over 34,000 participants in south dakota. They have been tested 7. 1 million times. The passing rate for that group is 99. 2 . What that means is for every 100 tests that are performed, over 99 times the person shows up on time and blows a clean test. Our urinalysis was implemented in july of 2007. There have been over 4,000 participant there. Those people are tested on an average twice a week. That passing rate is 96 . The drug patch is not used widely. But we have had 265 participants over 2,600 tests have been administers and that passing rate is 82 . I should have another slide. All right. These two stats are for the bracelet and for an ignition interlock that we have implemented into our system. We put the scram bracelet into affect in october of 2006. To date there have been nearly 7,000 people in south dakota who have worn the scram bracelet. They have worn that for slight sly over 1 million days. The individuals there have been fully compliant. The 77 stat is i think the one most significant. Those individuals of the nearly 7,000 individuals, 77 of those people have been fully compliant, for the time that they wore the bracelet, they have had no tampers and no confirmed drinking events. The ignition interlock is a device that we have just recently put in. Theres a mistake in my slide. It says october 10 of 2014. Thats a little premature. It was actually put in effect on october 10 of 2012. To date there have been 276 participants. We have a success rate there of 95 . In the shortterm i think we have done some good. In the longterm i think we have done some good as well. We have done some recidivism testing within our own data to determine how we have done. And by recidivism, we identified or defined recidivism as the length of time from the completion of the 24 7 Sobriety Program to the next arrest for dui. We were the participants in this recidivism are individuals who are were convicted of second, third or fourth offense dui. And at all levels for all participants, there were at least a 50 reduction in the rearrest rate for participants of the 24 7 program. So one year, at two years and at three years, each individual who participated in 24 7, irrespective of their length of time in the program, were 50 less likely to have been rearrested for dui. Now my favorite slide is this one. These are alcoholrelated traffic fatalities in south dakota from the years 2000 through 2013 inclusive. Now, if you look at the charts, the bars in red represent 2000 through 2004, the five years before we implemented the 24 7 program. The average death rate annually there was 83. In the nine years from 2005 through 2013 inclusive, that rate has dropped to 55. 3. Now, theres a lot of republicarepublican republicans for that. We wear seat belts better than we used to. We drive safer cars. Im sure there are other factors. But i think the 24 7 program is part of that equation. We test 2,200 people a day for alcohol consumption. I am confident that that has an affect in terms of the reduced traffic deaths in south dakota. So thank you. [ applause ] good morning, everybody. Im steve ohm, a judge in honolulu. I was a career prosecutor. Hawaii has to be the only state with a path to the bench was the defense bar. I was first career prosecutor appointed to the Circuit Court bench. I ate lunch alone at first. The last case at the Prosecutors Office was the murder of of a police officer. I was the United States attorney. I bring that up because starting Something Like hope is a challenge. Doing things differently and being a career prosecutor gave me the credibility to do it. We had 8,000 people on felony probation. Lots of problems. We have good p. O. S. We have caring judges. The system is broken. This is similar across the country. At sentencing a judge will read probation. Community supervision. But the judge will say, no alcohol, no drugs, see your p. O. , pay your restitution. The problem is, some people will do fine on that. Many people will fail at that. When they fail, the problem is the p. O. Has two choices, the probation officer, work with the problem, encourage them, threaten them, cajole them. You tested dirty for meth, our biggest illegal drug. You understand thats a violation of probation . Yes. I will stop. The person leaves the Office Understanding this is not a serious system. Im going to get high and i will do it until something stops me. They know its a year or two before something happens. The choice is talking to them or writing up the violation, coming to court and asking me to give them five or ten years in prison. Some judge famously said you can send him to prison or the beach. This is not a knock on probation officers. They do not have a tool do anything quickly. So the first week on this calendar in june of 04 i looked at motions, spend a couple of hours documenting violations, got the person arrested, brought them back and recommended to me send him to prison for five or ten years. They are not amenable. I thought what a crazy way to change anybodys behavior. I thought to myself, this doesnt work. What would work . I thought about how my wife and i had raised our son, how were we raised . Your parents tell you what the rules are. If theres misbehavior something happens immediately. It doesnt have to be severe. But it has to be swift. It has to be certain. Then you and your kids learn to tie together bad behavior with a consequence and learn from it. That was the simple idea behind all this. So in the future this is june of 04. We kicked off the program in october of 04 with the idea if they test positive and admit it they get arrested on the spot. They go to jail. We have a hearing two days later. I will probably let them out because they came to the courthouse knowing they messed up. They have to call a random drug test hot line. Every weekday morning they have to call the hotline. If their color is listed, they have to come in and get tested. It comes up once or twice a week. Drug courts are a separate conversation. Drug courts are great. They can be very effective with whatever population they are working with. But drug courts deal with a pretrial population, lower risk population. We have shifted our drug court to a high risk population. Its a status conference. You see how they are doing. In hope i see them when they violate. So im able to supervise a large number of people. This program started in october of 04 with 34 offenders. I told them, everybody in this room wants you to succeed. Your attorney does. The prosecutor does. I do. The taxpayers want you to succeed. Its 45,000 a year to lock you up. Whether you get there or in prison for years, is up to. You control yourself. My guess is unless somebody put a gun to your head, nobody can make you do anything you dont want to do. They said yeah. So i said, but i can control what im going to do. In the future, you are likely to go to prison if there are any violations of probation. You are likely to go to jail if there are violations of probation. And so you can look at hope probation and doctors started a nonprofit to explain this better. We want you to be successful. If you violate, we are human beings, we can make mistakes. If you violate but admit and deal with it, the jail sanction will be short, two or three days. If you dont show up at all and the Law Enforcement have to look for you, its at least 30 days. You are an adult. You will make your own choices. Law schools across the country talk about procedural justice. It usually doesnt happen. The criminal Justice System is really not set up for that. The more severe the consequences are, the more due process theres going to be, the longer it takes anything to happen. Hope probation is swift, certain, consistent and proportionate. We are convinced one of the chief trreasons it works is we e treating people fairly, like adults. So i thought at the beginning it just made sense. Lets target the toughest population. Its not a boutique court. Its a strategy to do probation. We started with 34 owe fenders. We said, lets get the people most likely to fail or the one we want to watch the closest. Sex owe ferpd, domestic violence, history of drug use, thats who we want to focus on. We dont exclude anybody from the program. We want the toughest cases. Thats what we do. So we focused on the highest risk to begin with, 34 people. We started with no extra funding. We asked everybody to work smarter and harder. I was a federal prosecutor, i got the u. S. Marshal to use his Fugitive Task force to serve warrants. You done show up for a drug test, i will issue a warrant. You will do 30 days in jail. If you admit to it, you get a few days. We are trying to shape these fo knucklehead. You know, it takes going to jail every violation. Lets be clear, the truly violent and dangerous, the ones who dont stop stealing, should be sent to prison at sentencing. I was the toughest stepser in the building, so i had that credibility to start with this. But thats a minority. Probably 25 , 30 of people should get sent to prison at sentencing. But 70 should be supervised in the community. If you do that right, you can help offenders and families from going to prison and reduce crime. Thats what we did. We started with 34 offenders. We went to the legislature 18 months later. They gave us 1. 2 million. By then, we had the statistics showing that the people in the program were testing positive, 80 less often, missing appointments. We thought got to lead to better results. When they gave us the money, we used most of it for drug treatment. And theres an old joke in court that Expert Witness is a guy from out of town with a briefcase. Our Attorney Generals Office can keep statistics. But with a grant from the Smith Richardson foundation, they did a study. Identified 500 people with drug probl