Minutes DUI Advisory Work Group Meeting September 18, 2008

Department of Alcohol and Drug Programs
Sacramento, California

Members Present: Lori Sanjuan, Mike Wood, Teri Kerns, Luky Maldonado, Domingo Zapata, Tony Hill, Patrick Zarate, S. Marc Gomez, Lew Steele, Len Marowitz, Patrick Barrett, David Sackman, Rudy Aguilar, Linda Bridgeman-Smith, Odilia Villalbazo

Department Staff Present: Millicent Gomes, Kevin Wortell, José Gonzalez, Ferol Upton, Mary Conway, Glenn Spellman, Kelley Farrell

Guests Present: Maleah Novak, Karla Hendrix, Ronell Draper-Boswell, David DelRio, Merida Hughes, Denise Rios, Wendie Warwick, Charles Horner, Jennifer Marsh, Linda Eviston, Edwin Rivera, Karl Meabrod, Cherine Hundley, Richard Martinez, Durand Yano, Ali Garcia, Susan Prescott

1. Welcome and Introductions

Lori Sanjuan, Vice Chair, convened the meeting at 10:00 a.m. and welcomed members and guests. She stated that Bob Dorris, Chair, had an unforeseen family emergency and was not able to attend. Lori thanked Luky Maldonado and Karla Hendrix of the Safety Center for hosting the meeting.

2. Minutes of May 15, 2008 Meeting

Lori reported that a correction to the May meeting minutes on page two, the DUI Program Branch Update as follows: The sentence “Millicent further stated that PC1000 programs are currently funded locally by counties, and now will cost taxpayers” be stricken. The sentence should read “Millicent further stated that if NORA passes, PC1000 programs will become taxpayer funded programs”. Candie Smith made a motion to accept the correction and approve the May minutes. The motion was seconded by Domingo Zapata and passed unanimously.

Luky Maldonado made a motion to adjourn the meeting at 12:00, since the afternoon agenda would require Bob Dorris’ presence. The motion was seconded by Lew Steele and passed unanimously.

3. State ADP and DUI Program Branch Update

Millicent Gomes, Deputy Director, Office of Criminal Justice Collaboration, stated that Diana LaMotta is on medical leave, but is expected to return in October. She stated that the proposed regulations were re-released on August 8, 2008 for the 45-day public comment period, which will end on September 22, 2008. All public comments received, even from the original date of release, will be reviewed and considered. She stated that the DUI Program Branch has issued two policy letters so far this fiscal year. One was released on July 28, 2008, regarding the American’s with Disabilities Act (ADA). Millicent stated that other Departmental branches as well as other state agencies continue to have issues regarding ADA, and that this letter will be sent to all licensed providers, not just DUI program providers. The other policy letter was sent on September 3, 2008, regarding clarification of how providers apply late fees.

View July 28, 2008 Letter

View September 3, 2008 Letter

Millicent also reported that she continues to participate on the committee for the planning and implementation of the Nonviolent Offender Rehabilitation Act (NORA), should the proposed ballot measure pass. The committee is developing recommendations to ADP and the Department of Corrections and Rehabilitation regarding implementation. The Drug Policy Alliance is advertising and airing commercials in Southern California, in support of NORA. They are also continuing to conduct polls and claiming a 65-70% approval rate. Gray Davis, Pete Wilson, and others have filed a lawsuit stating that NORA is unconstitutional because the commission it creates usurps state department authority. If NORA passes in November, she expects the lawsuit will be filed again, imposing an injunction on implementation. She stated that there has been bi-partisan opposition. One problem is that no money is set aside for judiciary, but the measure requires a lot of judges and hearings. DOCR is also concerned with another proposition on the ballot that directly contradicts NORA. If both measures pass, which change the same penal codes, it will create a mess.

Mike Wood stated that draft language prepared by the Committee regarding county fees did not appear in the proposed regulation changes. Lori stated that after much discussion, the committee decided not to include the changes. Millicent stated that she will research if the language was omitted by the department, and if so, why.

Kevin Wortell, Assistant Deputy Director, OCJC, distributed a draft of the Cultural and Linguistically Appropriate Services (CLAS) standards for services developed by the Office of Minority Health, as the guiding document to develop a Cultural Competency Quality Improvement Strategic Plan to support services in our service delivery system. He stated that the workgroup that developed the draft strategic plan has now disbanded, but that the Department’s, Program Services Division is continuing to work on it, and is accepting feedback and comments. He stated that comments can be sent to him at Kwortell@adp.ca.gov and he will forward them to the appropriate staff. Teri asked for a definition of “cross cultural complaints”, as stated on page 9.

View the Cultural Competency Quality Improvement Strategic Plan

Millicent stated that the 2001 UCLA Proposition 36 study found that service delivery to certain cultural groups has gaps that need improvement and that some groups have less successful outcomes. The director believes that these gaps cross over to other programs, not just Proposition 36, and that she is very interested in improving the quality of services. Millicent stated that the CLAS standards are guidelines, and would like programs to take them into consideration. Lew stated that DUI programs do not receive state or federal funds and these guidelines could be difficult to implement. His program is implementing a new educational curriculum, and is bearing a huge cost to train staff. Lori stated that Spanish speaking clients are receiving all forms, letters, and services in Spanish. Rudy stated that San Francisco County is implementing these standards and providers are developing plans for cultural competency and providing services in multiple languages. He will keep the department updated on the issues they encounter trying to develop plans for specific populations, e.g., African Americans, Asian Americans, etc. Domingo stated that issues are different in rural areas because it is not cost effective to provide a full Spanish program for two to three people. Kevin stated that Alameda County has identified 118 dialects spoken in that county alone. He stated that the document is in the beginning stages for the department and is not yet ready to be implemented by providers.

4. DMV Update

Patrick Barrett reported that DMV is tracking the following pending legislation:

• AB 1165 - effective January 1st provides zero tolerance for those who have had a DUI in the past 10 years. Allows an officer to seize an individual’s license upon arrest and is a mandatory one year suspension. Refusal to take a test provides a two year suspension. No restricted license is allowed.
• SB 1388 - requires DMV to impose a mandatory IID for those driving on a suspended license. DMV will order the IID, even if the court does not. This bill has been enrolled and sent to the Governor.
• SB 1361 - shortens the mandatory suspension for 2nd and 3rd offenders if they opt for an IID restriction. Suspension will be 90 days for 2nd offenders and six months for 3rd offenders. This bill is in conflict with the statute for mandatory APS laws. This bill has been enrolled and sent to the Governor.
• SB 1190 - lowers the BAC for a court ordered 9-month from .20 and above to .16 and above.
• SB 2802 - chaptered – requires a 2nd wet reckless conviction in 10 yrs to a 9-month program.

Len Marowitz provided an update on the DUI Court project in Fresno. He stated that they are on the verge of including the use of a subdermal implantable form of naltrexone, as an option. Currently, participants are taking oral tablets. The implant will ensure a steady dose of the medication. Studies indicate different outcomes for participants being given naltrexone as to those actually taking it. The program will continue for a couple more years.

Other beginning stage projects for DMV are to look at DUI conviction rates among counties, including the higher convictions of wet reckless. Another study is to analyze the accuracy of conviction information being sent to DMV from the courts. They estimate that about ten percent of DUI arrests are never being reported to DMV.

Len reported that only 30-40% of drivers with suspended and revoked licenses, who are eligible for renewal, are reinstating their licenses. If people decide not to be licensed, DMV cannot monitor them. DMV wants to bring these people back into compliance, and reduce the number of unlicensed, uninsured motorists. Luky stated that a survey indicated that cost was the number one reason people did not re-license. Patrick stated that IID requirements are adding another barrier, and judges have had the discretion to order IID’s. Courts ordered 11,500 IID’s for those caught driving under-the-influence on suspended licenses. Research shows 25% were court ordered, but some people don’t have cars, financial resources, etc. Blanket requirements remove judicial discretion. He further stated that DUI laws are difficult to understand, and might be a contributing factor. Patrick Zarate stated that most junior district attorneys are assigned to DUI cases, and do not understand the complex laws. Patrick Barrett stated that actual jail time also has an impact on DUI offenders, but even though courts sentence offenders to jail, some counties never enforce it. They will also look at the impact of actual time served. He stated that the State Highway Safety Plan identifies 16 areas to be addressed to reduce traffic fatalities and suggested that Patrice Rogers be invited to a meeting to discuss DUI efforts in this area.

Lori Sanjuan asked how naltrexone is currently being administered. Len stated that people are monitored taking the tablets. Butte County is doing it in pharmacies, with people coming in three times a week. However, larger counties cannot do that. The implant will require a monthly visit and hopefully, the drug company will donate them.

5. Potential Statewide Standards for Court Referral System

San Joaquin County DUI Court Judge Vlavianos provided an overview of the new DUI Court that is being funded by a grant from the Office of Traffic Safety. The model focuses on repeat offenders in the Stockton district, which mandates program completion and holds offenders accountable. It requires offenders to go back to court three times to allow the judge to review their progress. A similar program in Minnesota has shown a 50% reduction in recidivism.

The program has two case managers and two probation officers available to follow-up with individuals throughout the course of their program. The program uses the drug court model that if people are not performing, they will go to jail. DMV reported that in 2005, 27% of offenders were being enrolled in programs. Now, the enrollment rate is 77%. The accountability piece is keeping people in the program longer and the recidivism rate has been reduced from 10% in 2005, to 1.5% now. Len stated that many courts are not reporting, and that’s why there isn’t a 100% referral rate.

Judge Vlavianos stated that judges do not receiving any training on behavior modification. The judicial college is now trying to include this training, but there is resistance from judges due to time and overloads. He stated that probation violations also cause additional workload.

Candi asked if jail sentences are actually being served. Judge Vlavianos stated that most offenders do not receive jail time, however, home detention has proven effective and the whole sentence is actually served, and most people complete two-thirds of their work project sentence. He does not want to overburden individuals due to the cost of the program and work project. Sam Beasley stated that the case managers have been really effective for the programs, because programs can call them regarding client absences, etc., and they will work with the individuals. He stated that terminations are now extraordinarily low. Sam also stated that the Judge congratulates them for the progress they make, and if necessary, grant them more time to complete all requirements. Judge Vlavianos stated that people with the most successful outcomes have been surveyed and reported that the single most important reason they succeeded, was because of their relationship with the judge. He stated that it is extremely important to “pat them on the back”. For further information, please contact the Collaborative Court Manager at (209) 468-8628.

6. 6. Court Referral Tracking System Recommendations

Teri Kerns reported that the subcommittee has completed the court referral tracking system to be presented to the Department for distribution to county administrators. She stated that the subcommittee analyzed the counties that have solid referral tracking systems in-placed. They also looked at the Health and Safety Code, Title 9, and DMV research materials. They developed and distributed the referral form and a sample cover letter to be distributed. The form is developed in both English and Spanish languages, using the Orange County model. Maleah Novak stated that counties having a standardized referral and tracking process have higher completion and lower recidivism rates. Further, referrals have improved significantly since implementing this process.

Teri stated that the subcommittee is asking the Department to support this process and issue it to all county administrators, as a sample that they can use to implement a referral tracking system. She stated that the process does not conflict with any laws or regulations. The process helps ensure accountability of DUI offenders in getting appropriately referred to a DUI program and also has all of the necessary information needed for enrollment. It will also help individuals who are referred to another county. Teri explained that the form developed is a sample that can be customized by individual counties to meet their needs. Candie Smith made a motion to send the package to the Department with a recommendation for endorsement and distribution statewide. The motion was seconded by Lori Sanjuan and passed unanimously.

7. Public Comment

David Del Rio stated that El Dorado County has recently stopped using the referral system and his program has experienced a 17% decrease in enrollments, in four weeks.

Linda Bridgeman-Smith distributed a handout Place of Last Drink Survey – Shapshot: DUI Program Participants in san Diego County, Moving Towards Informed Prevention Policies. The pamphlet is the result of collaboration between DUI and prevention providers. It will be updated every 18 months. Further information is available online at the Prevention Information Resource Library, www.pirlsandiego.net.

8. Adjournment

The next meeting date is scheduled for November 13th, at the Safety Center. Mike Wood made a motion to adjourn the meeting , seconded by Teri Kerns, and passed unanimously.