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Facts

The pregnant drug-dependent woman subjects her developing infant to a host of problems. When assessing the effects of drugs, especially illicit drugs, on newborn infants (neonates) and young children, two factors must be considered: (1) the duration and concentration of the drug exposure on the developing fetus, and (2) any preexisting medical complications in the mother. These factors are interactive and together will influence, in varying ways, the eventual capabilities of the child. Therefore, the long-term outcome of children exposed to drugs during fetal development should be assessed.
The side effects of Ecstasy can also be fatal. Abusers at clubs often dance to the point of dehydration, which can lead to death due to failure of the kidneys and the cardiovascular system. Ecstasy use has also caused seizures, strokes, and heart attacks. The drug has contributed to at least ten deaths in Maryland and eight deaths in Miami. Also dangerous is counterfeit Ecstasy (paramethoxyamphetamine and paramethoxymethamphetamine), which has been linked to deaths in Florida and Illinois. In addition, Ecstasy pills are often laced with cocaine, PCP, or other drugs, which can increase the drug’s risks. It is therefore not surprising that Alan Leshner, the director of the National Institute on Drug Abuse, has stated, “MDMA is not a benign drug. In fact, all of the studies conducted to date in both animals and more recently in humans, confirm that club drugs, particularly MDMA, are not harmless ‘fun party drugs’ as they are often portrayed.”
Injection drug use. People typically associate drug abuse and HIV/AIDS with injection drug use and needle sharing. HIV can be transmitted between users when injection drug users share "equipment"-such as needles, syringes, and other drug injection paraphernalia. Other infections-such as hepatitis C-can also be spread this way. Hepatitis C can cause liver disease and permanent liver damage.
The use of alcohol and cigarettes typically—but not always—begins at an earlier age than does the use of illegal drugs. Adolescents who progress to illicit drugs, such as crack, generally begin smoking and drinking earlier than those who do not. Research indicates that a person who begins using drugs before the age of 15 is very likely to abuse drugs and alcohol as an adult.

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South Dakota



Hardcore drunk drivers can be defined as individuals who drive with a high blood alcohol concentration (BAC) of .15 or above, who do so repeatedly, as demonstrated by having more than one drunk driving arrest, and who are highly resistant to changing their behavior despite previous sanctions, treatment, or education efforts.

Listed below are the terms most closely matching the definition above which could be used in South Dakota to identify these offenders:

"Multiple offender."
Multiple offenders are defined in statute by 2nd, 3rd 4th or subsequent offense within 5 years.
DUI becomes a felony on the 3rd offense.

DWI REPORTING


Records on repeat offenses are one of the primary means of tracking the problem of hardcore drunk drivers.

The following are key aspects of South Dakota records:

New licensees are reviewed for outstanding suspensions/revocations in other states before a license is granted, and DUI convictions from other states are considered prior offenses in South Dakota, within the limits of the law.
The approximate number of licensed drivers is 500,000.
The average BAC level of offenders arrested is: Information Not Available.
Statistics kept on repeat offenders are based on court filings and convictions. According to the most recent information available, in 1996, there were 2,691 court filings for charges of 2nd and subsequent DUIs. During that same period, there were 1,552 convictions for 2nd or greater offenses.
In 1996, there were 2,291 persons who served terms of incarceration for felony DUI offenses in South Dakota penitentiaries.

IDENTIFICATION AND ASSESSMENT


Identifying those drivers who are likely to repeatedly drive drunk and assessing the nature of their underlying problems is essential in order to keep hardcore offenders off the road.


In South Dakota identification of multiple offenders occurs most frequently pre-trial.
In South Dakota offenders with a high BAC at the time of arrest are treated as follows:
1st offenders with a BAC of .17 or higher are required by law to have an alcohol assessment.
In South Dakota following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
1st offenders with a BAC of .17 or higher and subsequent offenders at the discretion of the court.
In South Dakota the assessment is conducted either pre- or post-trial but pre-sentencing, and the individual returns to court for final sentencing based on the assessment.
In South Dakota assessments are conducted by a state-certified private agency at the direction of the court. The cost ranges from $75 to $150 and is usually borne by the offender, unless poverty guidelines are met.

TREATMENT


Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.


In South Dakota results of the assessment are provided to the offenders attorney, the judge/administrator presiding over the case, the prosecutor or the treatment agency, as requested. The offender is referred to treatment on the basis of the assessment by order of the court.
In South Dakota treatment is not mandated for any offenders. However, there is a statewide structure of education and treatment available to judges according to the following progression for repeat offenders: Education; outpatient; day-treatment; residential; prison institution.
In South Dakota offenders failing to comply with the terms of their program may be returned to the court for further action.
In South Dakota the following treatment facility or program specifically targets the hardcore drunk driver: The Department of Corrections has an inside-the-walls program for DUI felons operating in 3 correctional facilities for men and 1 for women. The approach focuses on criminal thinking in the attempt to change behavior through 100 hours of primary treatment with continuing care until release. After-care during parole occurs in community facilities.

ENFORCEMENT


While law enforcement works against drunk driving across the board, it is central in the battle against hardcore drunk drivers.

The following enforcement techniques are used in South Dakota to detect and apprehend drunk drivers:

Sobriety Checkpoints, Blanket Patrols, Media Blitzes with Enforcement Campaigns, Standardized Field Sobriety Testing, Mobile Video-taping.

PROSECUTION AND SENTENCING PRACTICES


A number of factors influence the sentence a drunk driver receives.


In South Dakota there is no Anti-Plea Bargaining Statute for DUI, but illegal (per se) charges may only be reduced or dismissed when written reasons have been filed with the court. Generally speaking, plea agreements are only used for 1st offenders.
In South Dakota the period of time in which a judge or administrator can review an offenders record (the "look-back" period) is 5 years.
In South Dakota at the time of sentencing, an individuals arrest and conviction records are available for consideration by the court. This information will include his or her entire criminal record.
In South Dakota the Criminal Justice Information System and the Judicial Accounting System provide a fully automated and integrated database within the courts for judges and clerks. This system allows complete, up-to-date information on an offenders court history, including payment of fines, during trial.
In South Dakota there are graduated penalties for DUI based on number of offenses.

SANCTIONS


Sanctions against the offender may be derived from criminal action, i.e. court-ordered, or administrative action by the licensing authority as a condition of license reinstatement. Many are aimed at preventing or limiting the opportunity of the hardcore offender to drink and drive. The purpose of others is rehabilitation.

In the State of South Dakota, the following sanctions may only be ordered by the court:

Fines: $1000 to $5,000 with no mandatory minimums.
Incarceration - Mandatory minimums: 2nd offense - 3 days; 3rd offense - 10 days; 4th or subsequent offense - 20 days. Note: These mandatory minimums apply only if the offender was operating a vehicle without a license at the time of arrest.
Community Service: May serve as a condition of probation.
Home Confinement with Electronic Monitoring: At the discretion of the court.
Intensive Supervision Probation: At the discretion of either the court or the Office of Probation.
Victim Impact Panel: At the discretion of the court.
Action Against Offenders Vehicle: Suspension of registration for any offense where a persons license is suspended or revoked; applies to all vehicles owned by the offender.
Vehicle Immobilization, Vehicle Impoundment, Vehicle Forfeiture, Plate Seizure: None.
Other Special Assessments/Surcharges: Victim Restitution.
The following sanctions may be ordered by the court or by the licensing authority:

Licensing Action:
Suspension/Revocation: South Dakota has post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: Information Not Available.
Conditional Licensing: At the discretion of the court, a 2nd offender who has successfully completed an alcohol treatment program may be granted restricted driving privileges. In other circumstances, a hardship license may be available. Fee: Information Not Available.
Alcohol Ignition Interlock, Autotimer, Fuel Lock, Special Plate Markings: None.
Rehabilitation:
Education: (1st offenders) - 8 hours of classroom instruction $150.
Treatment: Outpatient - 12 hours per week for 5 weeks costing $840; Day-treatment - 7am to 8pm in a controlled community costing $91.90 per day; Residential - 90 hours of treatment in a secure environment costing $156.00 per day. All costs are normally paid by the offender.
Intensive Weekend Intervention: None.

Drug Rehab and Treatment Facts South Dakota

  • In 2008, 72.7% of those in addiction treatment located in South Dakota were male.
  • 27.3% of the individuals in drug addiction treatment residing in South Dakota during 2008 were female.
  • The largest age group admitted into to drug rehab during 2008 in South Dakota was between the ages of 21-25 (17.8%).
  • The second largest age group attending drug rehabilitation in South Dakota during 2008 were between the ages of 18-20 (16.7%).
  • 66.8% of the individuals in drug treatment located in South Dakota during 2008 were Caucasian.