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Senate Candidate Bermudez (D-Norwalk) Authored Bill That Could Make California
the 5th State to Pass Continuous Alcohol Monitoring Legislation
SACRAMENTO, Calif., June 2 /PRNewswire/ -- Already passed
unanimously by the House, the California Senate Public Safety Committee is
now considering a bill that would give judges throughout the state the option
of using a relatively new, high-tech ankle bracelet to monitor DUI and other
alcohol-involved offenders for alcohol consumption.
Passed 74-0 by the Assembly on May 4th, AB 1832, introduced
by Assemblyman Rudy Bermudez (D-Norwalk), joins several other DUI-related
bills that are currently under consideration. However, strong support to-date
by members of the judiciary and special interest groups such as MADD, as well
as the unanimous vote from the Assembly, all indicate that AB 1832 is on its
way to making California the 5th state to enact a law that specifically makes
use of this technology a sentencing option for the state's courts. Bermudez,
who is running for a Senate seat in Tuesday's election, was a parole officer
for more than 20 years before his election to the Assembly in 2002. He was
also the victim of a drunk driver.
The language of AB 1832 is cautious in that it doesn't mandate
or restrict use of the technology to specific types of offenders or offense
levels, but rather, it makes it an available tool that a court can use at
its discretion when handling alcohol-involved offenders.
Currently in use in 36 states, including California, the technology
-- known as Continuous Alcohol Monitoring -- includes a bracelet/modem combination,
similar to a home arrest system. But instead of monitoring an offender's location,
these units actually sample an offender's sweat -- as often as every 30 minutes
-- to determine whether alcohol has been consumed. Sometimes referred to as
a "breathalyzer for the ankle," courts across the country are reporting
that the technology is both effective and cost-efficient when it comes to
monitoring DUI, domestic violence, and other alcohol-involved offenders.
Alcohol and Crime: The California Picture
According to The Century Council, which publishes DUI arrest
and conviction data, there are approximately 132,000 DUI arrests each year
in the state of California. More than 25% of those are repeat offenders, and
58% are convicted of driving at a high BAC of .15 or above -- nearly twice
the legal limit of .08 BAC. The National Highway Traffic Safety Administration
reports that 28% of California's crash costs and 20% of the state's insurance
payments are for alcohol-related crashes, the combined total exceeding $6
billion each year for California residents.
Similarly, the US Bureau of Justice Statistics reports that
in two-thirds of all cases of domestic violence, the offender is drunk at
the time of the offense. "The numbers are staggering," says Pat
Verwiel, president and founder of Diversified Monitoring Services, which currently
provides Continuous Alcohol Monitoring technology in Orange County. "The
problem is drinking -- the addiction. And the courts are starting to respond
accordingly. If an offender isn't drinking, then they're not drinking and
driving -- or drinking and assaulting their spouse or children. It's that
simple."
Mike Iiams, chairman and CEO of Alcohol Monitoring Systems,
which manufactures and distributes a Continuous Alcohol Monitoring system,
agrees. "If you can effectively monitor offenders for alcohol consumption
while they're going through community-based education and treatment programs,
then you can begin to really tackle the alcohol abuse problem, and help stop
the cycle of drinking and re-offending," he says. "It's not a cure-all
for the DUI epidemic. But when combined with the other tools already available,
it can be a very valuable tool."
In addition to vocal support from judges across the state who
have been using the product since 2004, MADD-California has also issued a
letter in support of AB 1832. "We share your concern for the health and
safety needs of California drivers from DUI offenders," wrote California
State Executive Director Paula Birdsong, in a letter to Bermudez supporting
the legislation.
Who Pays for Continuous Alcohol Monitoring?
Essentially, AB 1832 will authorize a court to require a person
to be placed on a continuous remote alcohol monitoring program if the court
determines alcohol was the primary reason for the offense and the offender
is required to abstain from alcohol as a condition of probation. According
to Iiams, more than 90% of Continuous Alcohol Monitoring programs across the
country are offender-funded, where the offenders pay either all or a significant
portion of the daily monitoring fee, which averages about $12 a day.
About Alcohol Monitoring Systems, Inc.
Established in 1997, Alcohol Monitoring Systems, Inc. manufactures
the Secure Continuous Remote Alcohol Monitor®, or SCRAM,® the world's
only continuous alcohol testing system that uses Transdermal Analysis to measure
for alcohol consumption. SCRAM fully automates the alcohol testing and reporting
process, providing community corrections agencies and treatment organizations
nationwide with the ability to classify offenders and assess compliance with
sentencing requirements and treatment guidelines. Alcohol Monitoring Systems
employs 50 people across the U.S. and is a privately-held company headquartered
in Highlands Ranch, Colorado.
AMS Website: www.alcoholmonitoring.com
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Source: Alcohol Monitoring Systems, Inc.
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