ILNews

New portable alcohol monitoring device gains favor in community corrections

Back to TopCommentsE-mailPrintBookmark and Share

Offenders ordered to forgo alcohol in order to stay out of prison now have a powerful incentive to stay sober – they hold the key to their freedom in their hands.

Marion County and a few other Indiana localities are on the cutting edge of monitoring, having adopted a handheld, portable breath-test device that’s gaining favor among community corrections officials.

Emerge Monitoring’s RADAR – real-time alcohol detection and recognition – is a proprietary technology seen as an improvement over current monitoring that typically takes place at an offender’s home, usually on a set schedule. The new system allows community corrections to send a vibrating signal prompting a user to submit a breath test, results of which are immediately available.
 

breathtest-004-15col.jpg Brian Barton, director of Emerge Monitoring’s Indianapolis office, demonstrates the company’s RADAR portable alcohol monitoring device. (IL Photo/ Dave Stafford)

Also available immediately is the location of the user, because RADAR relays GPS data every time the device is used.

Marion Superior 18 Judge William Nelson presides in one of three Indianapolis courts where the devices are being used. He conveyed the story of a person sentenced to 90 days of monitoring who completed the program without a positive test.

“He asked me to keep him on it,” Nelson said. “He said, ‘Judge, it worked. It kept me sober for 90 days.’ He thanked me for it.”

Nelson’s court is assigned Class D felonies, so he hears a fair number of repeat operating while intoxicated cases. He said those are the bulk of people he’s sentenced to community corrections with orders they submit to alcohol monitoring. About 60 offenders in Marion County are currently using the portable devices.

Before last summer, those people would have used home monitoring. “The home unit is usually scheduled three times a day – when they get up, when they get home
from work, and before they go to bed,” Nelson said.

“With this unit, it’s going to be at least three times a day, but because of its portability, it’s going to be more random,” he said. Community corrections officers may schedule RADAR tests at specific intervals, order random tests or test on demand.

“I prefer this,” Nelson said of RADAR. He said the units are more affordable and afford flexibility and discretion for users who continue to work, for instance. The units are funded through user fees, and in Marion County that can range from $1 to $12 per day based on ability to pay. That’s the same fee arrangement as for home monitoring.

“It’s a constant reminder of their need for sobriety,” Brian Barton said of the device that program participants must carry with them. Barton was director of Marion County’s Community Corrections for a dozen years before joining Emerge as director of the company’s Indianapolis office.

“Marion County has always relied heavily on alcohol monitoring,” Barton said. Because of jail crowding and other factors, he explained, Indianapolis has one of the largest community corrections programs in the nation.

Still, Barton said, “there was a hole in the alcohol monitoring in terms of real-time monitoring.” The home-based units created lag time because results of breath tests had to be downloaded before officials would be notified of a violation.

Notice now is instantaneous. Barton said if a user presents a positive test, additional tests are taken to confirm the result, and violations can include sanctions up to revocation of community corrections and execution of a prison sentence.

At a presentation recently to Marion Superior criminal judges, some expressed concern that the device might be handed off to someone else to administer a breath test. Emerge officials explained that the device contains two independent biometric measures – a breath print and a pulse wave, both calibrated to the assigned user.


breathtest-007-1col.jpg RADAR portable alcohol monitoring device. (IL Photo/ Dave Stafford)

Someone else using the device would trigger a false test alert, Barton said. Emerge officials told judges they were aware of two cases in which a participant claimed in court that someone else had provided a positive alcohol breath test. But when told that allowing someone else to use the device was a program violation, the offenders recanted and acknowledged the positive tests were theirs, company officials told the judges.

Wells County Community Corrections Executive Director Blake Poindexter said the northeastern Indiana jurisdiction was one of the state’s first to test and deploy the RADAR device. “We were looking for a portable device we felt comfortable with,” he said.

“We’ve been very pleased with the accuracy and the ease of use for the offenders,” Poindexter said, adding that the county hopes to phase out its current in-home monitoring system. There currently are about 20 offenders using RADAR devices in Wells County.

The device also allows monitoring of offenders when they violate restrictions on their movements, for example. “Officers in the field after hours can check things out if we don’t have compliance,” Poindexter said.

Like Marion County, Wells County funds its program through user fees. The charge is $13 per day, but the county has established a fund for indigent users. “I did not have to increase that daily amount for newer technology,” Poindexter explained.

Poindexter agreed that the units are beneficial for offenders who want to embrace a change in their substance abuse. “I tell them it’s as much for their protection as it is for the confirmation of the court order.”

When Rush County set the groundwork for a community corrections program that began last July, Director Ashley Stevens said staff members tested the devices. A pilot program is monitoring two offenders with the devices.

Stevens said the device’s portability, real-time reporting and GPS features are among the most useful.

“We’ve worked with several different alcohol monitoring devices,” Stevens said. “RADAR is exciting to us and adds a lot of elements that haven’t been available in the past.”

St. Petersburg, Fla.-based Emerge is a subsidiary of Bankers Financial Corp., one of the nation’s largest providers of surety bail bonds, according to Barton. He said the Emerge technology represents part of the company’s efforts to reinvent itself.

He said RADAR offers a combination of technology that’s unique in the marketplace and easily adaptable to work with interlock devices installed on vehicle ignitions to require breath tests.

“I foresee a time that RADAR will be the device that we watch clients with,” Barton said. “It allows people to go to work, have a family and strategize to stay out of jail or prison.”•

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Applause, applause, applause ..... but, is this duty to serve the constitutional order not much more incumbent upon the State, whose only aim is to be pure and unadulterated justice, than defense counsel, who is also charged with gaining a result for a client? I agree both are responsible, but it seems to me that the government attorneys bear a burden much heavier than defense counsel .... "“I note, much as we did in Mechling v. State, 16 N.E.3d 1015 (Ind. Ct. App. 2014), trans. denied, that the attorneys representing the State and the defendant are both officers of the court and have a responsibility to correct any obvious errors at the time they are committed."

  2. Do I have to hire an attorney to get co-guardianship of my brother? My father has guardianship and my older sister was his co-guardian until this Dec 2014 when she passed and my father was me to go on as the co-guardian, but funds are limit and we need to get this process taken care of quickly as our fathers health isn't the greatest. So please advise me if there is anyway to do this our self or if it requires a lawyer? Thank you

  3. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  4. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  5. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

ADVERTISEMENT