Court uses wellness program to tackle Fairbanks' DUI problems
by Heather Bryant / For the News-Miner
Mar 13, 2010 | 4701 views | 27 27 comments | 23 23 recommendations | email to a friend | print
FAIRBANKS — Each Thursday, a group of DUI offenders meets in the Rabinowitz Courthouse.

The offenders check their watches and go inside the courtroom, where they await their turns before the judge.

The judge asks each if there any questions or concerns. He jokes with some. He asks about plans. “We’ll clap for you and see you next week,” Judge Raymond Funk says after each client finishes.

Court adjourns just before 4 p.m., leaving participants facing another mandatory week of clean living.

This is Wellness Court.

“We’re looking at the people who most need our intervention,” says Funk, who has invested years getting the program running in Fairbanks. “In one sense, they are the most dangerous because of their addiction.”

Despite the relaxed atmosphere, Wellness Court participants remain under scrutiny. Missteps hold consequences from tightened or extended supervision to immediate jail time. The program unfolds in three phases, requiring 18 months or longer for those incurring sanctions. Compliance with the program’s mandates is tracked weekly.

The strategy, according to Janice Lorenzen, the local Wellness Court coordinator, “is to engage all participants in the criminal justice system in the recovery of the defendant.”

Cornelia Stubblefield, of Pacific Rim Counseling, briefs the judge on each client’s progress at the weekly hearings. “This is an intensive outpatient program that is treatment heavy,” Stubblefield says.

The program

Similar court programs exist in more than 2,000 jurisdictions nationwide. Authority for the Fairbanks program rests in a 2001 law establishing therapeutic courts in Alaska. Two pilot programs were created: one in Anchorage, the other in Bethel. In addition to the one in Fairbanks, therapeutic courts now also operate in Juneau, Ketchikan and Palmer.

Funk was introduced to the idea by Anchorage Judge James Wanamaker, one of the first in Alaska to develop a therapeutic court targeting alcohol abuse.

“It was the graduates that convinced me it really had changed their lives in ways that other things couldn’t,” Funk recalls.

Placement in the program is not automatic. Individual applications are subject to review by the District Attorney’s office, public defenders, Pacific Rim counselors, probation officers, the judges and Wellness Court’s coordinator.

Information is gathered from friends and families. Applicants are given a substance abuse evaluation. Outpatient treatment might not be deemed appropriate given the offender’s addiction issues. A probation officer does a home visit to make sure the applicant would have a safe and sober living environment.

Logistics need to be considered. “Everyone in our program cannot drive,” Assistant Attorney General Sara Simpson points out.

Get caught driving and it’s 30 days in jail. Anyone caught twice is tossed from the program. Criminal records may raise flags.

“Sometimes we have an applicant that is too violent, and our probation officer doesn’t carry a gun,” Simpson said, “so we can’t have someone who is a high safety risk to her or the community.”

A third arrest for drunken driving is prosecuted as a felony, carrying a minimum punishment of 120 days in jail, a $10,000 fine and the loss of a driver’s license for life.

Wellness Court participants avoid some, if not all, of that jail time. Fines are reduced to $6,000, with further deductions given for out-of-pocket program expenses.

However, the program itself has its own system of rewards and punishments for behavior. The requirements are extensive. Mandatory counseling sessions, therapy, visits from the probation officer, frequent testing and a weekly court hearing are required. Participants also are required to work, seek work or go to school for 32 hours each week.

Michelle Bartley, the Therapeutic Courts coordinator for Alaska, estimates the Fairbanks program cost $350,000 this past year. To put that cost in perspective, Alaska spends an average of $44,000 per year per inmate in prisons, jails and halfway houses. A study on the cost of crime by the Institute of Social and Economic Research at the University of Alaska Anchorage states programs like therapeutic courts that keep people out of prison “save the state money right away, because they cost much less” than locking people up. The report also states that without intervention, about two-thirds of inmates who serve their sentences and are released commit new crimes.

The Fairbanks program is still too new to have an accurate picture of its recidivism rates. But a review of the Anchorage program by the Alaska Judicial Council in 2005 found that defendants who had participated or graduated from the program had “fewer days of incarceration, fewer remands to custody and fewer convictions after they began the program than during the two years before.”

The review also stated that the data collected supported continuation and possibly expansion of the therapeutic court systems.

“These courts are a frustration with a criminal justice system that was not working. We had a lot of people in Fairbanks supportive of trying something different,” says Funk while describing the program. His assessment is supported by a review on the transferability of the Anchorage Wellness Court Program in 2008 by the Alaska Judicial Council. It stated that therapeutic courts in Alaska were an effort by Alaska judges to respond to “extreme amounts of alcohol-driven crime, the “revolving door” of criminal justice and the failure of efforts to treat underlying substance and criminality problems.

Public sentiment

Simpson, the district attorney’s representative, said she has seen the Wellness Court “really make a difference.” However, public feedback isn’t that encouraging.

“People in the community are not big supporters. They say it’s expensive, it’s not our problem or that it is not what criminal justice is for.”

Pete Eagan, president of the local MADD chapter, says he’s supportive — “Kind of reservedly so.”

“I think it seems reasonably effective, but it’s only helping a small number of people,” Eagan says. “And they’ve been driving drunk many times and any one of those times they could have killed someone.”

That assessment is borne out by Jesse Thompson, 28, who estimates he drove drunk “well over 1,000 times” before his third arrest motivated him to apply for admission to Wellness Court. “I think it’s good because it’s actually trying to help people solve the problem.”

After seven months in the program, Thompson contends Wellness Court serves as a far better deterrent than incarceration. “Jail doesn’t alter your life. It just takes you away from it. There’s no rehabilitation.”

The burden drunken drivers place on local law enforcement is undeniable.

In 2009, the Fairbanks Police Department arrested 378 people for driving under the influence. Of that total, 34 were felony DUIs, meaning those arrested had two or more prior convictions for driving under the influence.

“It’s a problem we are continually fighting,” says police Lt. Matt Soden. The Fairbanks Police Department has a special unit for traffic and DUI enforcement. When it first started in 2005, it had two officers. It has been expanded to four.

“You have to offer a treatment option when dealing with alcohol for those who really want to break out of the cycle,” says Soden. “The Wellness Court needs to walk a fine line between the people who want help and those who are just using it.”

Successes?

The Fairbanks program accepted its first participants in September 2007. To date, 37 people have enrolled. Three were discharged for violations, three opted out, one died, nine have graduated, 20 remain active and one is awaiting approval.

Those are good results, says Margaret Dodge, a licensed addiction counselor with the Fairbanks Community Behavioral Health Center. “Alcoholism is a learned reaction. It takes a long time for the brain to become detoxified and the cravings to go away. The longer you can keep testing them and engaged in the process, the longer the brain has to relearn patterns.”

The first graduates of the program were celebrated in December. Graduates Melisa Larson and Catherine Burkhead have been working on an outreach program for second-time DUI offenders. Another, Keith Rueben, obtained his bachelor’s degree while in the program. Others have carried on with their lives outside of Fairbanks. None has reoffended.

Judge Robert Downes spoke of expansion of Wellness Courts nationwide and praises Funk’s contribution applying the approach locally.

“He has bled the black of his robe for this program,” says Downes.

Funk would like to see the local Wellness Court’s client load reach 20. With a waiting list of 10 to 15 DUI felony offenders, there’s no shortage of candidates. “It has worked out. I have confidence that this is the right thing to spend a lot of time on,” says Funk. “Just sending people to jail and telling them to get treatment doesn’t work.”

“My motivation is not as much to help them,” he adds, “but to prevent someone from getting killed by a drunken driver.”

The experience has changed his perspective as a judge.

“You’re much more detached normally. Most cases are plea bargains. You’re not involved in their lives and struggles,” he says.

“You can’t help but care deeply about these people. You hear their successes and struggles and you worry about them. You get caught up in their lives. It does provide a different level on involvement. Another judge once joked to me, ‘do I have to hug the defendant?’ In a sense, you do.”

“Repeat drunken drivers are the single-most likely batch of people to kill my children in this town,” Funk says. “This program is the best work I can do to try and save lives.”
Comments
(27)
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ColeB
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November 04, 2010
My name is Cole Brown, i was part of the wellness court in 2008. I learned a great deal in there, most of what i learned was the fact that i had more issues going on then just my Alcoholism....which i might point out is a mental disease..FACT for all you who say how can one be so stupid for drinking and driving..Dicks. Anyways i was in the program and was unable to stop drinking because i didnt get it then, on may 3, 2008 i was arrested for my fourth DUI, i was 22. Now does that sound like stupidity or someone who has a problem??? hmmm anyways since that date i have been sober, i went to a rehab center in Wasilla, AK called Nugens Ranch, i spent 13 months at this intensive impatient treatment center and i learned all about AA and my Mental Diseases. I also got my GED and i am currently going to College. Now if it wasnt for programs like wellness court and rehab centers, i GARENTEE people with the same Mental illness as me will continue to come out of jail and continue the repetitive cycle of drinking and driving..So if you wanna continue to complain about how much it cost and all that, than i truly hope you meet one of my compadres on the road...nothin personal. Now i wanna discuss these DUI laws, i have been sober for almost 3 years, thank God most of that time i have been in a facility of some sort that could provide transportation, but i am no longer in that kind of situation...so guess what is going to happen to the Drunk Driver that didnt actually hurt anyone, i will most likely die walking the street to and from work and school....i agree something needs to be done about drunk driving...but is this it??? are we to kill people that drink and drive??? does this punishment fit the crime??? the sad thing is that sometimes i wish it would just happen to me, that way there will be a death for the news to report...Man dies because he made mistakes had a mental diseases and we took his license in the coldest state in America....ya my death will be on your hands, why cant we use the interlock devices???? if someone has more than three DUI's give them the interlock device!!! it is shown that
Dove
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March 15, 2010
LostAlaskan, lets agree that drinking and driving is a serious crime, and threat to other drivers on the road. I doubt anyone is disagreeing with you or that fact.

You must admit, however, drinking is a part of our society. Drinking is promoted daily on TV, at sports events, our own local hockey games, and various social events. So, in some aspects of our society, drinking is accepted.

Alaska DMV law also misleads people by stating that the legal limit to drink and drive is 0.08. Some people think that it is legal and acceptable to have a drink and drive. It's not.

All I am suggesting is that Alaska needs to advertise and promote the law with more clarity. If Alaska openly stated that there is a zero tolerance for any alcohol, prescriptions, marijuana, etc., perhaps more people would stop having a drink or two, and driving.

Granted Alaska has an high alcoholism rate, which requires addressing and treatment for those afflicted. Still many DUI/DWIs are people thinking they are within their legal right to have a drink and drive.

I apologize for any misunderstanding between us.

Have a good day.
LostAlaskan99712
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March 15, 2010
BTW- If the constitution doesn't guarantee Americans the "right to drink & drive" then it will ALWAYS be an arrestable offense, because it's such a STUPID thing to do.

If you somehow convince yourself that it's "OK" to drive after you've had your daily few after work, or whatever excuse you use to get drunk every day, then you have a problem as bad as any crackhead, if not worse.

Alcoholism is no more a "disease" than spousal abuse or thievery, it's all about free will and choice. There is no microscopic organism living in your body, forcing you to drive drunk. You don't even need to be an alcoholic to drive drunk. All you have to be is- STUPID.



LostAlaskan99712
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March 15, 2010
Dove- if you still don't understand the difference between a "DWI/DUI" ask Judge Funk, I'm sure he'd be happy to explain it to you.

Anyone else need to be corrected or are y'all happy just being ignorant?
LostAlaskan99712
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March 15, 2010
Uh oh, I must have posted something that makes sense.

Let's see, where to start...

First off, I (myself) do not drink alcohol. It is unnecessary and quite frankly doesn't even taste good.

Second, where is the name-calling in my post? huh dove? (if anybodies post "sounds angry" it's YOURS.

Third- Apparently Dove, at least, does NOT know the difference between a Driving While Intoxicated charge and a Driving While under the Influence charge: "Example: the legal limit to drink and drive in Alaska is 0.08. Well, we continually see people arrested for driving with (for example)0.037 (recently)."- Dove.

TheAlaskaCurmudgeon
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March 15, 2010
Dove: I thin LostAlaskan90210 was drunkenly texting when he posted that. It may not be a potentially lethal as drunken driving, but it isn't a whole lot smarter either.
Dove
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March 14, 2010
Yeah, LostAlaskan. I normally ignore sarcastic, angry, name calling, rude posters. You're anger, however, seems a tad on the verge of violent, uncontrollable rage. I wouldn't want to choke on your own vomit.

We all know what DWI/DUI stand for, Lost.

Calm down.
AkOdin
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March 14, 2010
Some of posters appear to be of the opinion: "If they get charged with a DUI, throw them in FCC forever or take them out back & shoot them." Whether you like the idea or not, Alcoholism has been determined to be a DISEASE. However, this disease muddles your thought processes, and you try driving when you are too impaired to do so. Treatment will only "possibly" work for those who request it...obviously there are many out there who are in denial that they have a problem. Gene B was one of those in denial. And, yes, some will try to get into the Wellness Court in a vain attempt to "work" the system, when they have no intention of changing their lifestyle, as one poster witnessed. I know of an individual who is still in denial even tho he has been CONVICTED of 7 DUI's in the past 20 years. He has worked the system so much, that he thinks he is infallible, and continues to drive every chance he gets, even tho he has had his license revoked for life. If we even get a 20% recidivism rate, we are still ahead. 9 x $44K = $396K, and that is MORE than 350.
LostAlaskan99712
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March 14, 2010
Dove- Do you even know what "DUI/DWI" means?

Seriously- "treatment"? I think babying these dangerous criminals is about as backwards as shooting wolves from a helicopter, or gassing them in their dens, none of it makes any sense unless you have serious issues or are just plain ignorant (dumb).

"Durrr- DEATH to the Bambi killers!...

..."treatment" for the human killers..."

You people make me want to puke.
Dove
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March 14, 2010
You really have to applaud Raymond Funk. Years and years of sentencing repeat DUIs must be frustrating. This wellness program is all well and fine, but it only serves "after-the-fact".

The biggest problem with DWI/DUI in Alaska or anywhere is the poor marketing of the drunk driving law.

Example: the legal limit to drink and drive in Alaska is 0.08. Well, we continually see people arrested for driving with (for example)0.037 (recently).

Why serve any alcohol at an establishment one needs to drive to? You mean to say that everyone at any local bar, restaurant serving alcohol isn't drinking and driving? Obviously, many do take taxi cabs, but many don't.

Make the law clear: Zero tolerance for driving while under the influence of ANY alcohol, prescription meds, marijuana, etc. That is basically the law now. Quit with 0.08 legality.
TheAlaskaCurmudgeon
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March 14, 2010
Judge Funk has been dealing extensively with this problem for many years, and as he indicates in the article, he's sick of the revolving door of DUI arrests.

I have mixed feelings about this program, but given how other approaches have failed, it's worth attempting. The results in other communities where it has been tried have been positive, but one has to acknowledge that the participants are self-selecting; they're at least making the effort at getting help, and that alone increases their likelihood of success.

Regardless of how one views the program itself, Funk's closing statement sums up the dangers of drunken driving better than just about any other statement I've ever read, so I'll just repost it right here:

“Repeat drunken drivers are the single-most likely batch of people to kill my children in this town.”

Remember that the next time you're thinking about driving after drinking a few.
borninalaska
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March 14, 2010
we should set up like germany, you can drink and drive but if you hurt some one or some one property you are done. If your driving and get pulled over first time is 3 days second is 6 months the third is 1 year. every time after the 3rd you do a year no ifs and or buts, But like I said you hurt some one or something your done.
Pearl=W
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March 14, 2010
I don't know what is the intent of this program, as far as "drying people out". But *I* don't think that's the place of our Criminal Justice System. Being a sot is not illegal, and it is a personal choice we all are free to make, and have to personally deal with if we get hooked [though I would like to see society offer more, and more effective help, for all addicts who want to, and will work to, get clean].

What the Public Safety and Criminal Justice System needs to address here is people who endanger others by *driving* while intoxicated [on anything]. *THAT'S* the primary issue/concern, not the use of intoxicating substances. We need to put the moral judgements aside in regards to the 'use', and concentrate on limiting the behaviors that endanger others, as far as public policy goes.
JustWatching
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March 14, 2010
I know two people who have gone through this program. To my knowdelge they are both still in the program.

It has not stopped their drinking, they both still drink to excess on a regular basis. Its just driven them underground per se.

This program is a joke. We (the US) have some of the weakest drunk driving laws in the world. Start holding criminals accountable!
Pearl=W
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March 14, 2010
Good comment, triproad!! Excellent points, all.

Yeap, this program costs $$, but it *is* cheaper per person than incarceation. *AND* it appears to be far more effective at keeping them from continually re-offending, which incarceration, even with fines, mandatory counciling, etc *is not* doing.

Stopping the behavior has to be our primary goal. That's *far* more important than the satisfaction of punitive actions. As Judge Funk says, everyone of these guys has the potential to kill someone you know or love, if we can't find some way to get them to control their behavior, address and at least moderated their addiction.

Put them all in prison to keep them off the roads? We can't/don't even have the means to arrest any but a small % every 24hrs. Where will we find the $$$ to patrol, arrest, process and incarcerate them all, even if that did work to keep them from future DUIs?? Is this program enough to solve the entire problem? Definately not, but it seems to be working with those select few that it has under it's wing - most are not continuing to offend. Will it work, is it necessary, for every offender? Probably not. For many DUIs, the first time is all it takes to make them responsible enough to remember to call a cab or get a ride after they've been drinking.

I'd say: "It's a help, a step in the right direction, part of a complex set of solutions for a very complex and massive problem." It's not spending more $$$ to coddle DUIs; it's spending less money for better results in keeping some [chronic] DUIs off the road.

If I had my 'druthers', I'd say: 1)mandate Interlocken as standard safety equiopment on all road-legal vehicles [that will help limit the "I'm not *THAT* drunk" 1st-time offenders] 2)seriously up the penalties for driving when suspended 3)radically increase the use of this type of program when appropriate 4)make the 2nd offense a felony with mandatory treatment [emphasing controlling unacceptable behavior - even if you can't kick your addiction, you can still opt not to drive under the influence]
TheAntiClinger
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March 14, 2010
Okay, is that really Triproad or is someone impersonating you?

I couldn't agree with you more on this issue.
mrealmond
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March 14, 2010
I just like to post a comment or two. This Wellness program is a special progam to me. Everyone has their own thoughts why people are there. I am an graduate of the program and I am proud to say so. Drinking and driving is part of a disease, in which being in jail, death, or stomped on, by others cannot help. This disease is so powerful, they is takes an army of good, and knowlegeable personel to conquer. First thing is that you have to chosen to be in this program. Someone, has to see the growth in someone else. This program is not a CAKE WALK either. I found out that you have to put in (5) times as much effort to be awarded, a suscessful part of soceity again. I like to take my hat off to the staff who run this program. From the jugdes to attorney defending their clients. Keep up the good work. Because I know it takes, plenty of work on all parts to susceed. I would like to say "Hey to everyone", Eddy.

sneakyflowers
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March 14, 2010
1- Treatment is first

2- Why is the driving privilege given back so quickly? Loss of driving privileges for ninety days, Really? You can get a temporary license after your second? A mandatory bus pass for an extended period of time seems like it would help people see that driving is a privilege.

3- Harsher consequences for driving on a suspended license and actually reporting it in the paper when it happens.

4- It just seems like there is a lot of money involved in the DUI process. I understand the offender must pay the fines and requirements however; it then seems like their privileges are given right back to them to quickly. This doesn’t give enough time for them to both get the help needed and struggle without driving for a while. It appears that it gives them just enough time to do it all over again..... Resulting in more money, and again not enough time, help or consequences ect.....
triproad
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March 14, 2010
This country has the highest number of people in prison. We also have the highest percentage of total population in prison, almost 1 percent. Why is that?

One definition of insanity is doing the same thing over and over and expecting different results. The drug and alcohol problem is not going to go away by us being "tough on crime". Next time you are run over by a chronic drunk or have your valuable stuff stolen by a strung-out meth-head just console yourself with the notion that you are perfect and anyone with a problem should be locked up. See if that keeps you safe or gets you your crap back.

The answer is treatment, always has been, always will be.
kroy
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March 14, 2010
While in jail there is time to clear the brain. There is NO good to come of just letting drunks loose without manditory "help". ALmost everyone in jail will get out. How do you want them back?
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