Continuous Alcohol Monitoring Programs:
Elements, Features, and Requirements
Counterpoint Volume 8; Issue 4 - Article 5 (Feb 2025)
An article in the upcoming Mastery Skills II Course
Jan Semenoff, BA, EMA
Forensic Criminalist
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Article information:Article - 1460 words (approximately 8-10 minutes)
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In recent years, Continuous Alcohol Monitoring (CAM) programs have become a component of many criminal justice systems around the world, serving as a means of monitoring individuals accused or convicted of alcohol-related offences. At its core, Continuous Alcohol Monitoring refers to the use of technology to detect and record alcohol consumption in real time.
These programs are frequently used as an alternative to incarceration, as part of a probationary sentence, or as a condition of pre-trial release. This article provides an overview of CAM programs, exploring their elements, features, and mandates.
Elements and features of Continuous Alcohol Monitoring programs
CAM programs are intended to track alcohol consumption 24/7 using ignition interlock devices installed in vehicles, handheld alcohol testers similar to police PBTs, or transdermal alcohol detectors. They often have cellular connections for reporting data and may be equipped with a camera to ensure the person providing the sample is the designated subject. Some devices also have GPS locator capabilities.
More sophisticated monitoring programs may involve hair segmentation or follicle testing, urinalysis or routine blood sampling, particularly when drug use of involved.
TAC Monitoring Devices
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One device used in these programs is a transdermal alcohol monitor, which is worn on the individual’s body, typically on the ankle. This device functions by measuring alcohol levels through the skin, often at 30-minute intervals throughout the day.
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The device works by detecting alcohol that is expelled through the skin due to the body’s metabolic process. See the Counterpoint article on the “Elimination and Metabolism of Alcohol”. They use a simple fuel cell sensor embedded in the device which measures the amount of alcohol off-gassing through the skin, suggesting an indicator of whether the individual has consumed alcohol.
These devices continuously collects data, providing an uninterrupted record of the person’s alcohol consumption. However, they are also subject to external contamination or other outside influences.
Breath Alcohol Monitoring Devices
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Produced by various manufacturers, breath alcohol monitoring devices include the ignition interlock devices used to disable vehicles if alcohol is present, and handheld devices that often make random demands of the test subject to establish program compliance. They are typically calibrated to accept a sample only from the intended individual and may be equipped with cameras that monitor the sample taking.
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Data Collection and Reporting
CAM devices are equipped with technology that allows data to be collected continuously and transmitted to a monitoring agency or court-appointed authorities. This data may be stored in a central database, where it can be analyzed in real time or at scheduled intervals. The frequency of alcohol testing can vary, with some programs performing continuous monitoring, while others may allow periodic checks throughout the day. The results are usually presented in a digital format, offering a log of alcohol consumption patterns.
It is important to know that the results may be conveyed to you and your client through a Non-Compliance Report issued some time, often many months, after the logged event. As such, it may be important for your client to keep detailed records to provide evidence to the contrary regarding reported consumption.
More on issues with CAM programs in the next article in this series.
Compliance and Consequences
One of the key aspects of CAM programs is their ability to establish compliance. Non-compliance with the program’s rules, such as consuming alcohol or tampering with the monitoring device, may lead to immediate consequences. This can include a return to jail or prison, an extension of probation, or the imposition of additional penalties. The monitoring devices are designed to be tamper-resistant, with alert systems in place to notify authorities if the individual attempts to remove or interfere with the device.
Program Duration
The length of time an individual is required to participate in a CAM program varies depending on the specific case. Some individuals may be enrolled in the program for a few weeks, while others may remain in the program for months or even years. Often, the program is part of a larger rehabilitation or probationary process, which may also include substance use treatment or counseling.
Requirements for Continuous Alcohol Monitoring programs
The use of Continuous Alcohol Monitoring programs is generally determined by the court system, probation officers, or parole boards. CAM is often required as part of a sentencing plan for individuals convicted of alcohol-related offenses, particularly driving under the influence (DUI) or similar violations. Courts may decide to use CAM programs in lieu of traditional incarceration or as a condition of probation.
Court-Mandated Programs
Courts may require the use of CAM for individuals who are convicted of alcohol-related offenses. The decision to mandate CAM is often based on the individual’s criminal history, the severity of the offense, and the risk of recidivism. For example, repeat offenders or individuals with a history of alcohol abuse may be more likely to be sentenced to participate in a CAM program. Additionally, some jurisdictions may allow for a reduced sentence or a more lenient probationary term if the individual agrees to participate in continuous alcohol monitoring.
Probation and Parole Conditions
CAM programs are often used as part of a probationary or parole sentence. For individuals who have been convicted of alcohol-related crimes, the court may incorporate continuous monitoring as a condition for their release or continued freedom. Participation in a CAM program can be seen as a way to promote accountability, rehabilitation, and public safety. It provides authorities with the tools to monitor an individual’s alcohol consumption, reducing the risk of further offenses.
Alternative to Incarceration
In certain cases, CAM can serve as an alternative to traditional incarceration. This is particularly useful for individuals who might otherwise face lengthy jail or prison sentences for alcohol-related offenses. By using CAM as part of a rehabilitation-focused approach, the justice system aims to reduce overcrowding in correctional facilities while also providing offenders with an opportunity for rehabilitation outside of jail.
Family and Domestic Court Mandates
In some instances, CAM may be ordered by family or domestic courts, especially in cases involving alcohol-related violence or allegations of alcohol use issues by one party against the other. The device helps to ensure that individuals comply with restrictions designed to protect the well-being of their families or the public. For example, a parent accused of alcohol use disorder might be required to participate in CAM as a condition for maintaining custody of (or visitation with) their children.
The number of people in Continuous Alcohol Monitoring programs
The use of Continuous Alcohol Monitoring programs has been growing steadily over the years, particularly in states that have implemented “sobriety court” programs. These courts focus on rehabilitation and are designed to help individuals break the cycle of alcohol dependency while holding them accountable for their actions.
Annual Enrolment Numbers
There currently is no hard data on CAM program usage in either the USA or Canada, but it is estimated that hundreds of thousands of individuals participate in CAM programs annually across the United States. Similar programs are employed internationally in Canada, the UK, Australia and New Zealand.
In December of 2023, SCRAM Systems announced they had surpassed one million clients monitored in their 20-year history.
State-by-State Variation
The number of individuals in CAM programs can vary greatly from state to state. In the US, 48 states states have embraced CAM as a central part of their criminal justice reform initiatives, while others use it more selectively. For example, states like California, Texas, and Florida have large numbers of participants due to the high rates of alcohol-related offenses in those regions. In other states, CAM programs may be less common but are still utilized for certain offenders.
Trends in Alcohol Monitoring
The trend toward increased use of CAM programs is likely to continue as the criminal justice system seeks more effective alternatives to traditional incarceration. With the growing emphasis on rehabilitation and public safety, more courts are turning to CAM programs as a way to monitor alcohol consumption, reduce recidivism, and promote long-term sobriety. Furthermore, the increasing availability and sophistication of monitoring technology have made it more feasible for jurisdictions to adopt CAM programs on a larger scale.
Conclusion
Continuous Alcohol Monitoring programs have become a common component of alcohol-related criminal justice practices, offering a method for tracking offenders' alcohol consumption and ensuring compliance with court orders. With elements like real-time data collection, tamper-resistant devices, and the ability to enforce consequences for non-compliance, CAM programs provide an alternative to traditional incarceration, while also helping to reduce the risk of recidivism.
The number of people participating in CAM programs continues to rise each year, with hundreds of thousands currently enrolled in these programs. As technology and public attitudes toward rehabilitation continue to evolve, CAM programs are expected to play an increasing role in the justice system.
CLICK HERE for Part 2 in this series of articles on Continuous Alcohol Monitoring programs.
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