< Previous11 AMERICAN PROBATION AND PAROLE ASSOCIATION TURNING THE CORNER ON IMPAIRED DRIVING by Mark Stodola C ommunity supervision professionals often have individuals on their caseloads who have committed impaired driving offenses. When officers and agencies seek allies and partners to help them with the unique challenges of working with this population, the National Highway Traffic Safety Administration (NHTSA) may not immediately come to mind. That needs to change. Since 2010, NHTSA has provided funding to the American Probation and Parole Association (APPA) to assist in better educating those working in the field of community supervision on the best approaches for addressing issues pertaining to high-risk impaired drivers. This has included funding to create the Probation Fellow position in 2010, the development of the Impaired Driving Assessment tool in 2012 (IDA Resource Center), and, most recently, the establishment of three Regional Probation Fellow (RPF) positions to better assist NHTSA regions in addressing impaired drivers in a more granular way. Other NHTSA-funded positions and programs are also available to help community supervision officers increase their ability to collaborate and take a more systemic approach in addressing this challenging population. The need to understand and take advantage of these NHTSA resources has never been more apparent, as will become clear by examining the “state of the state” on DWIs in the United States. The news is in, and the news is not good. From 1982 through 2019, approximately one million people a year were arrested for impaired driving, but at the same time there was a steady downward trend in the number of lives lost as a result of DWI crashes (see figure 1). However, the COVID-19 pandemic of 2020 changed all of that, creating a perfect storm for a dramatic increase of needless deaths on our roadways. A combination of quarantines, office closures, and work-at-home options meant that Americans drove millions of fewer miles on our roadways during COVID1. At the same time, just as members of the public were getting sick and facing negative impacts from the pandemic, so too were those working in law enforcement. The increased number of early retirements and resignations of law enforcement officers at that time (so significant that it has been called “the great resignation”) created a void in highway safety enforcement that is still being felt today. The result has been a dramatic drop in DWI arrests. According to the FBI, DWI arrests dropped from 820,214 in 2018 to 676,447 in calendar year 20222. At the same time, impaired driving fatalities rose by 14% to 11,654 people in 2020 and, incredibly, by another 14% to 13,617 people in 2021. In 2022, NHTSA’s most recent reporting year, the lives of 13,524 men, women, and children were cut short by impaired driving, a 100% preventable act. That represents 32% of all of traffic fatalities in the United States.12 PERSPECTIVESVOLUME 48, NUMBER 4 WINTER 2024-2025 Coupled with the troubling rise in impaired driving fatalities is the emerging issue of polysubstance use among the DWI population. After alcohol, marijuana is the second most used substance found in DWI stops,4 and it is more common for marijuana-impaired drivers to also have alcohol in their system than not.5 Research suggests that as many as 40% of impaired drivers have multiple impairing substances “on board” at the time of their DWI arrest. Research shows that about one third of individuals convicted of impaired driving are repeat offenders.7 These are the individuals most likely to be placed under community supervision. Finally, we know that impaired drivers are different in many ways than other individuals in the criminal justice system. They tend to have higher levels of education and employment as well as familial support. They may be more likely to pay their fines and fees and be more “outwardly” compliant with supervision8. The unintended consequence of these factors is that these offenders may score out as low risk/low needs using a generic (non-DWI specific) risk/needs assessment, raising the potential for a new DWI or worse. Despite what at times seem like insurmountable challenges that contribute to our present situation with the DWI population, NHTSA has a myriad of cost-free resources available to address these problems. Presented below is an overview of the above-mentioned Probation Fellow positions and their current occupants as well as of other NHTSA-funded initiatives, liaisons, and expert services. PROBATION FELLOW POSITIONS AT APPA In 2010, NHTSA provided funding to APPA to create a probation fellow position. The intent was to ensure availability of an expert who could provide training and technical assistance to probation departments, state highway safety offices, courts and treatment providers on issues surrounding high-risk impaired drivers as well as certification training on the Impaired Driving Assessment. Over the years, the demand for these services resulted in the decision by NHTSA to fund three additional Regional Probation Fellow positions to serve specific regions of the country. These individuals are currently assigned to serve NHTSA Regions 5 (MN, WI, OH, MI, Il, IN), 6 (TX, MS, NM, OK, LA), and 8 (CO, ND, SD, NV, UT, WY). These three RPFs are able to provide a more focused approach in providing training (both in-person and virtual), technical assistance, and collaboration building to their region’s probation departments, courts, treatment providers, victim advocates, highway safety offices, and DWI task forces. They are there to help in addressing the unique challenges of the high-risk impaired driving population. Mark Stodola currently serves as the lead Probation Fellow for APPA. He is available to provide training and technical assistance for those states outside of Regions 5, 6 and 8. Mark can be contacted at Probationfellow@csg.org Let’s meet the three Regional Probation Fellows. REGION 5 PROBATION FELLOW: LES SCHULTZ Les recently retired from his former position as a Probation Director in Southern Minnesota. He has been very active in the DWI/DUI world, developing several intensive supervision programs and a multi-county treatment court. Les has been participated in various InUse 20 NotInUse 65 TotalPhonesActive 85 LocationsReceived 102 Completed 14 AverageTime 2h23m17s ShadowAlertnessDashboard InstitutionsOnOvernightHospitalStays LoginReminderLevel1Level2Level3 0 5 10 15 20 BreakdownbyColorStage 05101520 Stonegate Blackwater Clearwater TransformingCorrections withAdvancedIntelligence Discoversolutionsforunmatched safetyandefficiency. ExploreOurSolutions ProvidingSolutionstoCorrectionsForOver25Years CHECK-IN AVAILABLE14 PERSPECTIVESVOLUME 48, NUMBER 4 WINTER 2024-2025 correctional associations, including APPA, where he was a Regional Representative at Large, Program Chair and Treasurer. He also has taught correctional courses at a state college. Les is eager to assist various states with education and information. He can be contacted at ProbationReg5@csg.org. REGION 6 PROBATION FELLOW: ANDREA HENDERSON Andrea earned a Bachelor of Science in Criminal Justice in 1994 and retired as a Supervisor from the Harris County Community Supervision & Corrections Department in Houston in 2022. She possesses extensive experience working with clients in Felony Substance Abuse facilities as well as those on probation for DWI and sex-related offenses. With nearly a decade of experience working directly with Harris County Criminal Courts and clients under Pretrial Bond supervision, Andrea has been a certified DWI Education Instructor for the State of Texas since 2006. She is dedicated to educating DWI offenders about the significance of applying classroom lessons to prevent further offenses and save lives. Andrea can be reached at ProbationReg6@csg.org. REGION 8 PROBATION FELLOW: PAUL HOFMANN Paul worked for Colorado’s Judicial Department in the Division of Probation Services as a probation analyst. In this role he oversaw the state’s Alcohol and Drug Driving Safety Program, supported local probation departments in staff training, conducted offender assessments, and supervised DWI offenders. Paul also collaborated with Colorado’s Highway Safety Office to secure training and funding for the establishment of the state’s first six DWI courts. He brings over 30 years of experience in training probation and parole officers, community corrections case managers, and substance abuse counselors. Paul can be reached at ProbationReg8@csg.org. WHY PROBATION FELLOW/REGIONAL PROBATION FELLOWS MATTER FOR THE FIELD OF COMMUNITY SUPERVISION Of all the criminal justice populations placed under community supervision, DWI offenders are perhaps the most inconsistently assessed, sentenced, and supervised. Their true risk can be overlooked, and, as they are often outwardly compliant, they may not receive the level of supervision and intervention needed to promote accountability and lower recidivism. The PF and RPFs can assist with training, technical assistance to better equip officers in working with this challenging population. JUDICIAL OUTREACH LIAISONS The Judicial Outreach Liaison (JOL) and Fellows program was created to provide peer-to-peer education for judges hearing impaired driving cases. The National Judicial Fellows and Regional and State Judicial Outreach Liaisons create relationships between judges with expertise in traffic cases and the judiciary handling those cases in the courtroom. Through peer-to-peer education, the JOLs and Fellows foster better understanding of the judiciary’s role in reducing impaired driving and promoting traffic safety. This highly skilled network of judges shares evidence-based sentencing, screening and assessment opportunities, expertise in understanding toxicology, and the latest research. NHTSA also supports a Tribal JOL and a Military Judicial Fellow through the American Bar Association. The Tribal Courts liaison is tasked with outreach to all 574 federally recognized Indian Tribes on issues of traffic safety and impaired driving. Additionally, the individual in this position serves as a liaison between the Tribal, state, and federal courts on methods of cooperation, collaboration, and circumnavigation of the complex jurisdictional issues and other rules affecting Tribal reservations within the United States. The Judicial Military Fellow’s role is to fill the unique opportunity to assist both the state and regional JOLs as well as the judiciary at large in navigating questions related to service members who appear in civilian courts in impaired driving cases. Additional information on the JOL program can be found at About the JOL Program WHY JOLS MATTER FOR THE FIELD OF COMMUNITY SUPERVISION While the focus of JOLs is to provide peer-to-peer judicial education, the training they provide may often include community supervision professionals. They can be especially beneficial in supporting new judges as well as those who may be inexperienced in the unique issues of impaired drivers as well as the latest research and best practices in the most appropriate sentencing of this population.15 AMERICAN PROBATION AND PAROLE ASSOCIATION WINTER 2024-2025 TOXICOLOGY LIAISONS In 2021, NHTSA provided grant funding to benefit state toxicology programs to decrease processing time for toxicology samples and increase support, resources, communications/data reporting, and criminal justice system coordination. AmyMilesis the program manager and Regional Toxicology Liaison (RTL) for NHTSA’s region 5, which includes North Dakota and South Dakota. In addition to her work with the RTL program,Amyworks closely with Wisconsin to address data modernization and harmonization needs.She is on the Association of Traffic Safety Information Professionals’ Impaired Driving Working Group, which focuses on finding data solutions for tracking the impaired driving process arrest to post-adjudication. Amyalso works closely with the Association of Public Health Laboratories to bring awareness about forensic toxicology as a public health partner. The RTL project will support the establishment of Toxicology Liaisons that support states inNHTSA regions 5, 7, and 9 to assist with training, collaboration, and the standardization of testing across state labs along with improved reporting of data to promote better understanding of the scope of drug-impaired driving problem. Additional information can be found at Regional Toxicology Liaisons WHY TOXICOLOGY LIAISONS MATTER FOR THE FIELD OF COMMUNITY SUPERVISION Much of what we know about polysubstance use among the impaired driving population stems from the research conducted by toxicologists. While much of their work focuses on assisting law enforcement and prosecutors in determining what substances, if any were “on board” at the time of an offense, this information can also be invaluable for supervising officers. Improved access to such data can assist in better understanding drug trends and new testing methodologies of impaired drivers. TRAFFIC SAFETY RESOURCE PROSECUTORS A Traffic Safety Resource Prosecutor (TSRP) facilitates a coordinated, multidisciplinary approach to the prosecution 16 PERSPECTIVESVOLUME 48, NUMBER 4 WINTER 2024-2025 of impaired driving and other traffic crimes. TSRPs are typically current or former prosecutors who provide training, education, and technical support to traffic crimes prosecutors and law enforcement personnel throughout their states. Traffic crimes and safety issues include alcohol and/or drug-impaired driving, distracted driving, vehicular homicide, occupant restraint, and other highway safety issues. TSRPs must assess the needs and demands unique to their states and work in conjunction with many agencies to meet these needs. The National Highway Traffic Safety Administration, law enforcement agencies, judicial organizations, crime laboratories (including forensic toxicologists), medical examiners, local media, Governor’s Highway Safety Offices and their victim advocate groups, and resources available from the National District Attorneys Association’s National Traffic Law Center should all be used to facilitate services for all prosecutors and law enforcement. Contact information for state TSRPs can be found at Traffic Safety Resource Prosecutor List - National District Attorneys Association. WHY TSRPS MATTER FOR THE FIELD OF COMMUNITY SUPERVISION Despite the complexity of prosecuting impaired drivers, that responsibility often goes to new, inexperienced attorneys. TSRPs assist these prosecutors in addressing the unique challenges of prosecuting DWI cases. It is often the local prosecutor who recommends pre-trial services as a condition of bond release. These services often include sobriety monitoring, Ignition Interlock Devices, house arrest, alcohol and other drug assessment, and case management services, all of which may set the foundation for good community supervision after sentencing. LAW ENFORCEMENT LIAISONS The National Law Enforcement Liaison Program (NLELP) was created by NHTSA and the Governors Highway Safety Association and has been funded by NHTSA in recognition of the need to increase the effectiveness of those in Law Enforcement Liaison (LEL) positions. The purpose of the program is to enhance communications between LELs, ensure greater coordination of LEL activities nationwide, create and support LEL training and guidance workshops to increase the knowledge and skills of LELs, and provide technical assistance. NLELP is designed to strengthen the work of a proven network of highway safety professionals with enhanced communications tools, updated training, sharing of best practices, exchanging information on new research, policies, and programs, and highlighting successes.Information on Law Enforcement Liaisons can be found at National Law Enforcement Liaison Program - Traffic Safety IS Public Safety WHY LELS MATTER FOR THE FIELD OF COMMUNITY SUPERVISION Our country is facing the perfect storm of law enforcement shortages, increased impaired driving fatalities, and the emerging issue of polysubstance use with impaired drivers. LELs assist law enforcement in being better equipped to identify impaired drivers, (often including the particular impairing substance) and providing community supervision officers a more complete picture of the offense. Improving information sharing from the arresting officers to the supervising probation officer can have positive impact on the final outcome of supervision. The more information the probation officer has about the arrest event the better. CONCLUSION Every one of the 13,524 impaired driving deaths on our roadways could have been prevented. Clearly there is no one single approach that will stop all impaired driving, but successful DWI interventions can be developed by addressing the need for education, collaboration, identification of system gaps, and determining the risk and needs of those already convicted of impaired driving. Maximal efforts by those in the criminal justice system— and the society as a whole—can surely prevent many of these unnecessary deaths, and NHTSA is a valuable partner in such efforts. For its part, APPA has engaged in a five-year assessment project to identify gaps, data limitations, training needs, and other issues that impact the ability of community supervision programs to identify the potential for offenders to drive impaired and to prevent recidivism. This project will include an evaluation of the effectiveness of each program or activity implemented and recommendations that take into account “lessons learned” so as to improve interventions and reduce recidivism. By means of such research, by building community collaborations, and by taking advantage of the resources provided by NHTSA, we can truly turn the corner and work together to make the next DWI the last DWI.AUTHOR BIO As Probation Fellow, Mark Stodola brings over 30 years of experience working in the field of court management and adult probation in Arizona. Mark worked at the Maricopa County Adult Probation Department for 18 years serving in a number of capacities including field supervisor and division director overseeing drug and alcohol treatment programs, problem solving courts and services for the mentally ill. Mark later became the Court Administrator of the Tempe Municipal Court where he served for eight years managing day-to-day activities including budget, case processing, program development (including the establishment of Arizona’s first municipal mental health court) and managing personnel. Most recently Mark served as Program Services Manager in the Adult Probation Services Division of the Arizona Supreme Court where he had oversight of treatment programs for Arizona’s Adult Probation Departments. Mark has presented training on topics surrounding high-risk drunk drivers at national, regional and state conferences throughout the country. Mark received his undergraduate degree in History from the University of Wisconsin-Madison and his master’s degree in Education from Northern Arizona University. Afterwards, Mark became a Graduate Fellow through the National Council of State Courts Institute of Court Management.19 AMERICAN PROBATION AND PAROLE ASSOCIATION APPA’S COMMITMENT TO WORK WITH TRIBAL COMMUNITIES by Mark A. Dyea, APPA Tribal Grants Manager T he American Probation and Parole Association (APPA) has long demonstrated a commitment to support Tribal communities in improving community corrections programs and outcomes—a commitment that has continued for decades. This work has included providing training and technical assistance in a variety of areas, including supervising alcohol/drug-involved Tribal members more effectively; developing and enhancing community-based programs related to pretrial, probation, reentry, and alternatives to incarceration; utilizing screening, assessment, and case planning resources to reduce recidivism; applying culturally relevant and evidence-based practices to the supervision of American Indian/Alaska Native individuals; involving families in the supervision process and case planning; implementing training and resources to uphold the Prison Rape Elimination Act in Indian Country; providing training and resources regarding the implementation of Enhanced Sentencing Authority under the provision of the Tribal Law and Order Act of 2010; and development of the Tribal Reentry Toolkit to assist those who are reintegrating into their community following a period of incarceration. Over the past five years APPA’s work with Tribes has experienced considerable changes due to the COVID-19 pandemic and staff turnover. APPA transitioned to increasing use of virtual training and worked without a Tribal Grants Manager for over seven months. Despite the challenges APPA faced during this time, we continued to provide training and technical assistance to Tribes working on creating, implementing, or enhancing reentry programs based on the Tribal Reentry Toolkit. APPA has reaffirmed its commitment over the past three years with the addition of a full-time Tribal Grants Manager to the staff. Moreover, the Tribal Reentry Toolkit has been used to provide Tribal Intergovernmental Reentry Workshop (TIRW) training nationally and for the states of Alaska, Washington, Oklahoma, and Minnesota. As reflected in the Tribal Reentry Toolkit, reentry is a process, not an event. This process begins with a person’s confinement and involves courts, corrections officials, law enforcement, community members, and a network of service agencies that provide for substance abuse and mental health treatment, job training, housing support, and other needs. In reentry programs, success depends on collaboration between Tribal agencies and local, state, and federal partners, because many incarcerated Tribal members, whether being held by Tribal, county, state, or federal authorities, are housed outside their community and must be re-integrated back into that community. Regardless of the length of time in custody, incarceration produces a disruption in the lives and routines of all involved and also impacts resource availability. This includes loss of employment and income, housing vulnerability, loss of family support and connections, increased need for substance use and/or mental health treatment, and the potential loss of access to the community in general. Tribal reentry programs should be grounded in culturally based approaches that incorporate the tribe’s history, values, and strengths and that focus on the goal of providing the clients with the services and resources needed to strengthen connections to their culture, family, and the community in general. This project was part of a Cooperative Agreement between the Bureau of Justice Assistance and APPA that ended in September 2024. Fortunately, APPA has partnered with the National Criminal Justice Training Center to continue the delivery of TIRW training through 2026. In 2024 APPA’s continuing commitment to Tribal communities was recognized by its being awarded a FY24 development grant from the Office of Juvenile Justice and Delinquency Prevention (OJJDP). That grant (Supporting Tribal Youth: Training and Technical Assistance and Youth Leadership Development Grant– Category 3 State, Local, and Tribal Partnerships to Support Justice-Involved Youth) provided resources that boost APPA’s outreach abilities in this important area. The need is clear, as American Indian/Alaska Native (AI/ AN) youth ages 10-17 account for approximately 2% of the United States population yet account for 6% of total youth arrests (OJJDP, 2020). These youth are over three times as likely to be incarcerated as their White peers and also remain in detention for longer periods. Of the approximately 25,000 youths in custody, 1,500 are AI/AN, Next >