A simple but remarkable repeat DWI sentencing model has arisen in recent years. This model not only works to reduce the next DWI (50 percent reduction in repeat offenses, according to Minnesota House Research) but has already saved hundreds of thousands of dollars by reducing county jail stays. Staggered sentencing, in existence since 1998, has been called many things. Time Magazine described staggered sentencing as "jail on the installment plan." Other terms used are split sentencing, structured sentencing, sentencing by thirds or drug court on a dime. Isanti County Judge James Dehn, the originator of the program, likes to call it the "Volkswagen program," because of its incredibly low cost as he compares it to the effective drug court-DWI court model that he calls the "Cadillac Program." Simply put, staggered sentencing divides a standard jail sentence into thirds or segments, as the court extends the executed jail segments out over a couple years rather than all of it up front. Only the first segment is served up front. If the offender can prove that they are actively sober, involved in a structured sobriety group, have no other alcohol-drug related crimes and have the support of their probation officer, they may bring a motion before the same sentencing judge and have the next segment suspended. As part of the motion the offender must write a letter to the judge in which they identify their "triggers" that traditionally cause them to drink, how they are dealing with those triggers and supplement their letter with at least three letters from individuals who are "more concerned with that individual’s sobriety than they are with their friendship". The burden of persuasion rests solely on the offender to convince the sentencing judge they are staying sober. If the offender re-offends by getting a new DWI at any time during their probation period all remaining time over the offender’s head is executed by the court. In many cases it is the remainder of a full year (gross misdemeanor DWI) or the remainder of a prison sentence (felony DWI). For judges who do handle large numbers of sentencings and staggered motion requests, the court dates for the future hearings are pre-set in advance and the offender is given notice of the future dates along with their motion papers before they leave the courtroom. Staggered sentencing works best for repeat offenders where the jail segments are at least 10 days or greater (30-day executed sentence divided into three 10-day segments). Less than 10-day segments, according to Dehn, tends to reduce the incentive to stay sober. A second feature of staggered sentencing that may be incorporated along with the jail segments is home electronic alcohol monitoring. The monitoring may be ordered at the initial sentencing, typically in segments of 30 days per year. HEAM is a non-house arrest program that allows the offender to carry on normal daily activities. Three times a day, (early morning, an hour after work, and late at night) the offender must be home to provide a breath sample into the video monitoring unit, connected to their phone line. If the offender tests positive for alcohol usage or fails to provide a test at the designated time their probation is violated and they are brought before the sentencing judge. The sentencing judge may wish to tailor the frequency and timing of the monitoring to the specific circumstances of the offender. For example, some offenders require closer monitoring during the Christmas-New Year’s holiday period while other offenders need monitoring during periods of employment layoffs. The monitoring results are weighed heavily in the later hearing requesting a stay of the next pending segment of incarceration. However, if offenders can demonstrate their alcohol abstinence by letters, the support of their probation officer, and in other ways, they may also petition the court, by motion, to stay the next HEAM segment. The process for reviewing the staggered sentencing HEAM periods is the same as the staggered sentencing jail periods and is listed on the notice to the defendant as well as the motion papers. An offender who does not file the required motion papers to request a hearing must report to serve the next incarceration segment or serve the next segment of HEAM as scheduled. No hearing is required. The offender simply shows up to serve the previously imposed incarceration segment or go on the electronic alcohol monitor. A failure to appear to serve an incarceration segment or go on the monitor at the designated time will result in a probation violation, which can result in additional jail sanctions being imposed. I’ve suspended over 4,400 days of executed jail for successful staggered sentencing offenders in the last four years in Isanti County, saving that county over $200,000 in actual jail bed savings. At the same time, those repeat offenders, who have averaged 3.6 DUIs per offender (one successful offender had 13 prior DUIs), have had repeat offenses at half the rate of those offenders handled in the traditional court system. Judges all over Minnesota and several states across the country are reporting similar results.
Judge James Dehn of the Tenth Judicial District is chambered in Cambridge.Wright County District Court Judge Steve Halsey and other judges in the 10th District contribute occasional articles to this column. The district includes Wright County.
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