Clerk, judges plan for DUI Court
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POLSON — With numbers of arrests for driving under the influence of alcohol or drugs rising nationwide, Justice Court Judge Chuck Wall, Polson City Court Judge Doug Olson and Polson Police and Court Clerk Joan Hart have a plan for dealing with the issue in Lake County. The plan would also relieve some of the congestion in the Lake County Jail
The program keys on people with major substance abuse, Wall explained.
“The goal is basically to reduce or stop the amount of recidivism on DUIs,” he said.
Wall heard about the program about a year ago in judge’s training. One of the training sessions allowed judges from around the state to observe a currently running court, Judge Knisely’s Adult Misdemeanor DUI court in Billings. Inspired, Wall discussed the court with Hart and Olson.
Wall credits Hart with a real passion for the DUI court and for her work in the trenches.
Funds for the court come from the Montana Department of Transportation, and budgets are tight so funding for start-up of the DUI court might be difficult. Wall said his understanding is that the DUI Court might begin in the spring.
Hart, Olson and Wall traveled to Athens, Ga., for training. Their instructor was from New Mexico and had set up the original DUI court.
Since each court can do things its own way, Wall’s idea is to set up the program for people who have been found guilty of their second or third DUI. They could choose to go through the alternative program for a year and a half or go the regular route of fines and/or jail.
Participants would attend counseling once a week at Western Montana Addiction Services. In addition, they would be required to take drug and/or alcohol tests one or two times a week. A misdemeanor probation officer, a new position for Lake County, would drop in on the participants at any time to see how they’re doing or “if they have a beer in the fridge.”
A DUI court team, consisting of the judge, a member of the prosecution, a defense attorney, a treatment provider, a probation officer and the court coordinator, will meet weekly so the judge “will have a little overview of the way a person has been behaving.”
“Statistics show this program is 70 percent effective in reducing recidivism,” Wall said.
Wall and Olson have not decided whether the counseling/drug test program would be an alternative to sentencing or would lessen the actual sentence. They are still researching courts around the country.
Program participants who violate rules are subject to more fines and more jail time, however.
Another alternative to jail time and fines would be a Secure Continuous Remote Alcohol Monitor bracelet. SCRAM bracelets are the most effective way to monitor alcohol intake, Wall explained, since they register when a person takes even one drink. The bracelets are expensive, though. At $400 per month, many people can’t afford them. Wall said his court hopes to get a discounted rate for people in drug and alcohol program or maybe even purchase some bracelets if they receive a grant.
“Most of these DUI courts, people are knocking on the door to get into it,” Wall explained.
He estimated drugs and alcohol are accountable for probably 90 percent of all violent crimes and 70 percent of all major crimes.
