Differences between Jail Sentences and Jail Terms Actuall Served among DUI offenders in Selected California Counties

摘要

Records of 32.7% of Californias DUI offenders convicted in 2006, who received jail or a jail alternative sentence, were used to compare jail terms at sentencing to actual jail time served, and to describe used alternative sanctions to jail. County data systems variation, tracking methods, quality and completeness of data, and lack of communication between Courts and Sheriffs Departments limited sample size and representativeness. Percentages of jail time served across participating counties ranged from 0 to 67% for 1st offenders, 0 to 47% for 2nd offenders, and 0 to 67% for 3rd+ offenders. Median percentages of jail sentences actually served across participating counties were 0%, 19%, and 38% for 1st, 2nd, and 3rd+ offenders, respectively. Alternative sentences were used more often on 1st DUI offenders, less so on 2nd offenders, and least often on 3rd offenders. The most popular alternative sentences in lieu of jail options were Sheriffs Work Program and Caltrans Work Program. Jail sentences reported to DMV greatly overstate amount of jail time actually served by DUI offenders. Further evaluation of effectiveness of jail time served by California DUI offenders is not possible at present because Californias DUI Offender Tracking System does not keep good track of offenders. Recommendations are: results from previous California DMV studies and/or studies from other states showing jail terms as ineffective in reducing alcohol-involved crashes or DUI recidivism should be taken with caution; efforts should be made so Californias DUI Offender Tracking System is consistent with NHTSAs 2006 guidelines; DMVs court abstract collection system should require jail terms keyed in, if disposition code J is present; DMVs JAG project to assess accuracy and timeliness of DUI conviction data sent to DMV should be finished, and its findings used in conjunction of this studys findings to enable the implementation of recommendations from NHTSAs 2011 California Traffic Records Assessment.