State Alcohol and Crime Briefs

For further information on these and other initiatives, please contact Stephen K. Talpins at sktalpins@alcoholandcrime.org

State-by-State »

April 2010 State Briefs

Colorado

  • The state legislature is currently evaluating House Bill 10-1347, a new DUI bill that aims to refocus resources on treatment for DUI offenders as well as rewrite the criminal code to reflect medical marijuana laws.

Florida

  • Florida Tax Watch, a nonprofit government watch dog agency, has created a criminal justice committee that has identified ways to save the state money without diminishing public safety. Comprised of state cabinet members, former agency heads, legislators, business leaders, and academics, the committee has submitted 88 recommendations with the goal of saving the state $3 billion annually. Eleven of those recommendations specifically target reducing the state’s over reliance on prisons and expanding the use of electronic monitoring, post-adjudication drug courts, re-entry courts, and work release programs. Click here for the complete report.

Indiana

  • The Indiana Court of Appeals became the second appellate court to consider the admissibility of SCRAM testimony and evidence. In Mogg v. State, the court upheld a trial judge’s ruling that SCRAM results were admissible under Rule 702 for the purposes of showing that the wearer consumed alcohol. See 918 N.E.2d 750 (Ind. Ct. App. 2009).

Minnesota

  • A new bill, HF 2464, would establish a pilot project allowing people who qualify for the interlock program to choose to be monitored by a Secure Continuous Remote Alcohol Monitor (SCRAM), a portable breath testing device (PBT), or other monitoring device approved by the Department of Public Safety. Known as “Joey’s Law,” the legislation is named after Joey Jordan, a high school student killed by a drunken driver in 2005.

Missouri

  • State Chief Justice William Ray Price, Jr., delivered the State of the Judiciary address to the General Assembly on February 3, 2010, urging the legislature to move from punishment-based sanctioning to evidence-based sanctioning that considers costs of incarceration and the impact on recidivism. He urged increased usage of treatment programs and judicial oversight for non-violent offenders with substance misuse issues. Click here to read the text of his speech.

Montana

  • Attorney General Steve Bullock announced that Montana will pilot test the South Dakota 24/7 Sobriety Program in Lewis & Clark County, Montana.

  • Montana former Attorney General Mike McGrath has introduce the Montana Alcohol Abuse and Drug-Free Plan, a ballot initiative that would earmark $5 million per year in state alcohol taxes to pay for addiction treatment, prevention, and drug/DUI courts. The initiative would shift the money to a state special revenue account to be administered by the Montana Board of Crime Control. The initiative will require 24,337 signatures to qualify for the November ballot.

New York

  • Senator Fuschillo filed a bill. in the Senate that would establish a 24/7 Sobriety Pilot Program, based on the South Dakota model, in ten New York counties. A similar bill previously passed the Senate, but died in the House during the last session.

South Dakota

  • The South Dakota House Commerce Committee rejected a bill that would have lowered the minimum drinking age from 21 to 19 in a 10-3 vote.

Vermont

  • The Vermont state legislature is currently considering a resolution to ask for Congressional permission to lower the state’s legal drinking age to 18 without suffering a reduction in federal highway funding. The resolution does not actually seek to lower the drinking age but rather to evaluate the consequences of doing so, according to state Rep. David Zuckerman, P-Burlington, who sponsored the resolution. In 2008 the legislature killed a bill aimed at lowering the drinking age.

West Virginia

  • A legislative committee has killed a bill that would have raised the alcohol tax in West Virginia and used the revenues to pay for addiction treatment and prevention programs.

Wisconsin

  • In an effort to address some of the highest DUI rates in the U.S. and reduce jail stays, Waukesha, Wisconsin, has modified Wisconsin’s successful Pretrial Intoxicated Driver Intervention Program to include criteria-based alcohol monitoring as a condition of bond. The new program elements include referrals to alcohol/drug assessment and recommended treatment, as well as standards for 24/7 Continuous Alcohol Monitoring. Judges will have the discretion to monitor first-time OWI offenders and will monitor all OWI offenders under the age of 21, every 2nd or 3rd time offender who presents with a sample of .15 BAC or higher, and every fourth or higher offender.