Ankle bracelets that test human sweat for alcohol and wristwatches equipped with global positioning technology are about to be used to help keep convicted drunken drivers from reoffending.
The Riverside County Probation Department is the first agency of its kind to use the devices to track drunken drivers while on probation, where it is expected to fill a critical need.
"There has been virtually no supervision until now," said Michael DeGasperin, probation division director. "We feel it's a tragedy waiting to happen. We are trying to address the underserved need."
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| Ed Crisostomo / The Press-Enterprise |
| This ankle bracelet allows 24-hour monitoring of alcohol use by people on probation. | | | |
Until now, the probation department did not have enough officers to make one-on-one contact with the more than 120 convicted drunken drivers on probation in the Southwest region of Riverside County, said Dave Kroh, the department's Mid-County Division Director. DeGasperin said the grant will pay for two full-time and one part-time probation officers to supervise about 60 high-risk offenders.
About one-third of all drivers arrested or convicted of driving while intoxicated are repeat offenders, according to Mothers Against Drunk Driving's Web site.
Technology
Called "Watch Your Step," the program officially started in October but kicks into high gear this summer.
The two devices allow probation officers to monitor offenders in real time or check a computer log a day later.
The GPS device will be used on certain offenders who are under house arrest or forbidden -- as a term of probation -- from frequenting bars and other places that feed into their pattern of drinking and driving.
"The miniaturization of the GPS makes it much more affordable and reduces the stigma associated with the larger devices," DeGasperin said. "It allows them to be productive. Most DUI offenders are contributing members of their families and communities."
If a person goes into a forbidden area, the system monitors can be set up to alert a probation officer so they can respond immediately or simply note the infraction on a secure Web site that stores the data.
"Maybe they have had problems at the casinos or wine country," Kroh said.
"We are setting up zones that DUI offenders are not supposed to enter in specific time periods."
DeGasperin said the officers will be able to pinpoint a person's exact location outdoors but will be unable to get a precise reading while an offender is inside a building.
The Secure Continuous Remote Alcohol Monitor is an eight-ounce bracelet strapped onto a person's ankle that tests a person's sweat to determine their blood-alcohol content, said Kathleen Brown, spokeswoman for Alcohol Monitoring Systems Inc.
The water-resistant device is in constant contact with the skin and tests for alcohol.
Using a specialized modem, the data is sent to a network where the readings are stored, Brown said. The information is available to probation officers either instantly or in a computer log.
She said if the offender puts anything between the device and their skin -- such as a sock or plastic wrap -- to prevent a reading, the device will send a tamper alert. While emitting an alert, the device will also take samples more frequently, she said.
"We are the first probation department in the nation to try this with DUI offenders on probation," Kroh said.
A $600,000 grant from the Office of Traffic Safety pays for the equipment and personnel used in the "Watch Your Step" program, said DeGasperin. The program is funded through December 2006.
Opposition
At least one critic of the program contends a GPS device to track drunken drivers is not the best way to use $600,000.
"Put them in a program with proven success. This isn't a real solution. It's a short-term, high-cost fix," said Rose Braz, director of Critical Resistance, based in Oakland.
Critical Resistance is a national, grass-roots organization aimed at reducing the number of people in jails and prisons. It has chapters in Los Angeles; Sacramento; New York; Washington, D.C.; Atlanta; New Haven, Conn.; Gainesville, Fla.; Baltimore; and New Orleans, according to its Web site.
Kroh said the "Watch Your Step" program also provides outpatient substance abuse counseling, and offenders could be ordered to attend 12-step meetings with groups such as Alcoholics Anonymous.
Offenders on probation for drunken driving who do not comply with the terms of their release, by testing positive for alcohol or failing to attend substance abuse treatment, could be placed on house arrest to ensure that they comply with the terms of their release, Kroh said.
These sanctions could pre-empt another instance of drunken driving, he said.
The offenders are selected for the program based on the number of felony drunken driving convictions, the egregiousness of offenders' crimes and the outcome of a specialized risk-needs assessment that reveals a person's drinking and driving trigger points, probation officials said.
About 40 of the chosen 60 offenders will initially be outfitted with either a GPS device or a skin-sensing alcohol monitor during this pilot program, DeGasperin said.
The remaining 20 will be closely supervised and could be fitted with one of the two devices if merited.
The program has caught the attention of San Bernardino County probation officials, who expect to apply for the same grant this fall.
"We've sent people to look at what they are doing and talk to them about it," said Michelle Scray, deputy chief probation officer for San Bernardino County.
"We are waiting for the solicitation for the grant."
Rights
This intensive monitoring is not a violation of an offender's right to privacy, a defense lawyer said.
"Basically, you sign away your rights when you go on probation," said Gordon Cox, supervising deputy public defender at the Southwest Justice Center in French Valley.
In drunken driving cases, Cox said, that usually means a person agrees to be made subject to random drug tests, to be ordered to stay away from places where alcohol is the primary product served and to be forbidden from associating with any unrelated person who is on probation or parole.
Cox said between 42 percent and 47 percent of all inmates are incarcerated because of parole violations.
He said programs that present creative solutions as an alternative to prison are likely the wave of the future.
A private defense lawyer said he also supports a program aimed at stopping drunken driving that could keep people out of prison as well
"A person sent to prison just sits there, and the problem is not addressed," said Nic Cocis, who defends clients charged with DUI.
"Look at the big picture," Cocis said. "With this program, you are trying to prevent the guy from reoffending. It's better for the system to help prevent crime while being cheaper for the taxpayers."
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