Creative Sentencing for Young Drivers for TSC... · Sentencing Theories Punishment Rehabilitation...
Transcript of Creative Sentencing for Young Drivers for TSC... · Sentencing Theories Punishment Rehabilitation...
Creative Sentencingfor
Young Drivers
Municipal Traffic Safety Initiatives Conference 2013
Presented byJan Blacklock Matthews
City of Wilson Municipal Judge
Creative Sentencing for Young Drivers
Municipal Traffic Safety Initiatives Conference 2013
Municipal Traffic Safety Initiatives Conference 2013
Recap relevant statutes applicable to sentencing young drivers
Discuss ethical considerations in sentencing
Identify creative sentencing options
Sentencing Theories
Punishment
Rehabilitation
Protection of the Public
Restitution
Detriment (to Society)
Municipal Traffic Safety Initiatives Conference 2013
Code of Criminal ProcedureArt. 45
Set Fine and Render Sentence
Municipal Traffic Safety Initiatives Conference 2013
Pay Fine & CostsDetermine Ability to Pay—Pay in Full—Now or Later?Payments [45.041(b-2), C.C.P.]Community Service [45.049, C.C.P.]Waiver of Fine/Costs [45.0491, C.C.P.]
Deferred Disposition?
Deferred Disposition [45.051, C.C.P.]
Except when:Construction Zone-Workers Present
[45.051(f)(1), C.C.P.]
Commercial Drivers License[45.051(f)(2), C.C.P.]
Consumption of Alcohol by Minor- 3rd
[Sec. 106.04, Alcoholic Beverage Code ]
Minor Operating Motor Vehicle/Watercraft Under Influence- 3rd [Sec. 106.041, A.B.C.]
Municipal Traffic Safety Initiatives Conference 2013
Impose Orders Authorized or Required by Law
Community Service [45.049, C.C.P.]
“only for governmental entity or nonprofit…provides services to general public that enhance social welfare and the general well-being of the community.”
Juvenile Defendants 17 YOA on School Grounds– “…or attend tutoring program”
[45.0492, C.C.P.]
Municipal Traffic Safety Initiatives Conference 2013
Municipal Traffic Safety Initiatives Conference 2013
ResearchSet RulesWritten Agreement
Other Conditions:
Bond
Restitution
Professional Counseling
Alcohol/Drug Testing
Psychosocial
Treatment Programs
Driving Safety Course
Other
PAY, PROVIDE PROOF
Municipal Traffic Safety Initiatives Conference 2013
Conditions Specific to10-17 YOA[Art. 45.057, C.C.P.]
Services under Sec. 264.302, Family Code
Special Programs, including—
Rehabilitation
Counseling
Self-Esteem
Leadership
Work/Job Skills
Self Improvement
Municipal Traffic Safety Initiatives Conference 2013
Conditions Specific to10-17 YOA[Art. 45.057, C.C.P.]
Special Programs, cont’d including—
Job Interviewing
Work Preparation
Parenting
Manners
Violence Avoidance
Tutoring
Sensitivity Training
Advocacy
Mentoring
Municipal Traffic Safety Initiatives Conference 2013
Mandatory Conditions
Sec. 106, A.B.C.
Alcohol Awareness
Community Service
Art. 45.051, C.C.P.
Drivers Safety Course
“May” OrderAdditional
Sec. 521.123, T.C.
Provisional DL-DPS Exam
Municipal Traffic Safety Initiatives Conference 2013
‐‐ Substance Abuse and Mental Health Services Administration, Results from the 2011 National Survey on Drug Use and Health: Summary of National Findings, NSDUH Series H‐44, HHS Publication No. (SMA) 12‐4713. Rockville, MD: Substance Abuse and Mental Health Services Administration, 2012.
Municipal Traffic Safety Initiatives Conference 2013
Driving Under the Influence of Alcohol Persons Aged 12 or Older 2002‐2011
Municipal Traffic Safety Initiatives Conference 2013
Current, Binge, and Heavy Alcohol Use among Persons Aged 12 to 20, by Gender: 2011
Current Binge HeavyLevel of Alcohol Use
Percent Using in Past Month
‐‐2011 NSDUH Report
Municipal Traffic Safety Initiatives Conference 2013
Young Adults aged 18 to 25
Driving Under the Influence
Alcohol – 18.6%
Illicit Drugs – 11.6%
Ethical Considerations
Uphold Integrity and Independence [Canon 1, C.J.C.]
Avoid Impropriety [Canon 2, C.J.C.]
Remain Fair and Impartial [Canon 3, C.J.C.]
Maintain Order and Decorum [Canon 3B, C.J.C.]
Municipal Traffic Safety Initiatives Conference 2013
Creative…
Municipal Traffic Safety Initiatives Conference 2013
Pictures of RoadsideMemorials
Shovel Manure?
…Or Cruel?
Municipal Traffic Safety Initiatives Conference 2013
Choose Words Carefully
Municipal Traffic Safety Initiatives Conference 2013
When Using Analogous Statements
Avoid Slurs about Race, Sex, National Origin or Socioeconomic Status when Referring to Defendants and/or Parents
Treat All Parties with Patience, Dignity and Courtesy
Sentence without Bias or Prejudice
Above All…Be Consistent and Take Notes
Municipal Traffic Safety Initiatives Conference 2013
City of Conroe
Allows 90-day Deferred, Costs payable over term View “Rearview—Looking Back” Video
[provided by State Farm]
500 Word Essay Under 17yoa, 20 trip log [State Farm “Steer Clear” packet]
Under 17 yoa, Bumper Sticker Program Alcohol Related—”Consequences” Video “Goals” Paper Copy of Report Card
City of Burleson
Municipal Traffic Safety Initiatives Conference 2013
Utilizes Teen Court
Requires Book Reports w/ Local Library Assist
Utilizes “LitterRANGERS” Program
Utilizes “Random Acts of Kindness” Program [ex: www.randomactsofkindness.org]
Hon. Markie White, Burleson Municipal JudgeConstance R. White, Director of Court [email protected] Main Number817-426-9223 Direct Number
City of Pasadena
Municipal Traffic Safety Initiatives Conference 2013
“Did the Grinch Steal Christmas?Be a Juror and Decide for Yourself!”
“Buckle Up Your Little Elves”“Don’t Text and Drive”
Hon. Lester Rorick, Pasadena Muncipal JudgeMaria Macias-Garcia, Sr. Deputy [email protected] Court Number
Tcat.infoTeen Court Association of Texas
Municipal Traffic Safety Initiatives Conference 2013
YouthCourt.netNational Association of Youth Courts
Municipal Traffic Safety Initiatives Conference 2013
AskListenLearn.com
TeensandTrucks.com
Municipal Traffic Safety Initiatives Conference 2013
KeepTheDrive.com
Municipal Traffic Safety Initiatives Conference 2013
Keep the DriveTools & Resources
Municipal Traffic Safety Initiatives Conference 2013
IKnowEverything.com
TeenAtTheWheel.com
Municipal Traffic Safety Initiatives Conference 2013
AllstateTeenDriver.com
Municipal Traffic Safety Initiatives Conference 2013
CDC.gov
Municipal Traffic Safety Initiatives Conference 2013
Teen Drinking & Driving:A Dangerous Mix
Resources, Multi Media Tools,Podcasts
www.SAMSHA.gov
Municipal Traffic Safety Initiatives Conference 2013
CollegeDrinkingPrevention.org
Municipal Traffic Safety Initiatives Conference 2013
B4udrink.com“Intended for Adults of Legal Drinking Age
to understand factors that affect their BAC.”
Municipal Traffic Safety Initiatives Conference 2013
DriveItHome.com
Municipal Traffic Safety Initiatives Conference 2013
Municipal Traffic Safety Initiatives Conference 2013
The Mission:To help young driverschoose safe driving practices, take responsibility for their behavior, and be aware of the typical driving hazards.
Saving Lives Through Education !
Municipal Traffic Safety Initiatives Conference 2013
www.TMCEC.com
Bench BookForms BookThe RecorderChartsCourse Materials… and More!
Municipal Traffic Safety Initiatives Conference 2013
Jan Blacklock MatthewsAttorney/Mediator
City of Wilson Municipal Judge
806-470-5474
Municipal Traffic Safety Initiatives Conference 2013
National Survey on Drug Use and Health (NSDUH)December 31, 2004
Municipal Traffic Safety Initiatives Conference 2013
Driving Under the Influence of Alcohol in the Past Year among Persons Aged 16 or Older, by Age: 2011