Sweat Becomes Offenders' New Snitch
Alcohol-Sniffing Anklet Saves Money but Stirs Privacy Fears

By Fredrick Kunkle and Derek Kravitz
Washington Post Staff Writers

Friday, September 25, 2009

http://www.washingtonpost.com/wp-dyn/content/article/2009/09/24/AR2009092405012_pf.html


The government has buried its nose in Bari Lynne Williams's personal business.

Almost literally.

Twenty-four hours a day, whether she's jogging, sleeping or managing a pool 
hall, Williams wears a high-tech sensor on her ankle that can detect the 
faintest whiff of alcohol in her perspiration. If she sneaks a drink, the 
device will know it -- and so will a judge, who could put her behind bars 
for violating a court order to avoid alcoholic beverages.

At $12 a day, the anklet is a bargain, compared with $150 a day to house a 
minor offender such as Williams in the Loudoun County jail, and far less 
than the $24,332 a year it costs Virginia to keep a felon in state prison.

Best of all, backers say, Williams and other offenders pay the bill.

The biometric anklet represents a recent technological breakthrough whose 
popularity is gaining as state and local governments search for ways to 
close budget deficits during the recession. More than half of all states 
have slashed spending on corrections this year, while some, including New 
Hampshire, Michigan, California and now Virginia, are closing prisons, 
releasing some prisoners early or expanding the use of electronic monitoring.

Local governments are also targeting jails for cost-savings. Loudoun, which 
began using the alcohol-monitoring device 18 months ago, introduced a pilot 
program last week using anklets with global positioning system technology 
to track juvenile offenders. Fairfax County Supervisor Pat S. Herrity 
(R-Springfield) hopes to promote the use of it for his county, and a 
Fairfax County Circuit Court judge applied it to a defendant in a domestic 
violence case.

But the gadget has also stirred "Big Brother" jitters as technological 
advances make it easier for governments and corporations to keep tabs on 
people. While law enforcement has been using satellite-based GPS to track 
offenders' whereabouts for some time, privacy advocates say the 
alcohol-monitoring device -- known as Secure Continuous Remote Alcohol 
Monitor, or SCRAM -- has taken law enforcement into the realm of 
continuously and remotely monitoring people's physical condition.

"We are at a point where no one could have even imagined 15 years ago," 
said Albert J. Lurigio, a professor of psychology and criminal justice at 
Loyola University who has written about electronic monitoring and privacy 
since a New Mexico judge, inspired by Spider-Man comics, became the first 
to sentence a defendant to home confinement with an electronic monitor.

The driver these days is money. The National Conference of State 
Legislatures lists 28 states that are squeezing savings from corrections by 
easing harsh drug laws, laying off staff workers or closing prisons. New 
Hampshire's governor has proposed using home confinement for habitual drunk 
drivers, and California lawmakers considered freeing thousands of 
nonviolent inmates and monitoring them with GPS devices before opting for 
less-controversial cuts.

Faced with such a dilemma, Virginia Gov. Timothy M. Kaine (D) announced 
more layoffs and cuts recently, including the closing of three correctional 
facilities. In Maryland, the Department of Public Safety and Correctional 
Services said last month that it would close the Herman L. Toulson 
Correctional Facility in Jessup and shift inmates out of the Metropolitan 
Transition Center in Baltimore.

People stare at Williams's chunky gray anklet when she's out and about, so 
sometimes she swaddles it in a bandage. On her daily jog around her Ashburn 
neighborhood, she hides it with Velcro ankle weights or tape. But at other 
times, wearing a skirt and heels, she almost seems to flaunt the anklet, as 
if eager to share a cautionary tale.

"Sometimes it's like being on display, but I tell them what happened, and 
they listen," Williams said.

Williams's troubles began in April 2007. After partying her way through a 
golf game, she was pulled over by Loudoun sheriff's deputies on suspicion 
of drunken driving. They also found baggies with drug residue in her car, 
according to court documents.

Williams pleaded guilty to drunken driving and drug possession and received 
two years' probation. As part of the Drug Court initiative, however, the 
judge agreed to dismiss the charges if Williams followed a rigorous program 
involving probation, therapy and compulsory attendance at Alcoholics 
Anonymous meetings. The program also requires periodic testing for 
substance abuse.

Until two months ago, Williams was doing fine. Then a sheriff's deputy paid 
an unannounced nighttime visit for a breath test. Williams said she was 
sober. The machine, however, registered a blood-alcohol level of 0.09, a 
hair over Virginia's 0.08 legal limit.

Facing six months in jail for violating the terms of the program, Williams 
instead agreed to wear the SCRAM anklet, whose development began 10 years 
ago after Michigan law enforcement officials began using GPS devices to 
track offenders' whereabouts.

"When we were coming up with this idea in the mid-1990s, we kept hearing 
from law enforcement agencies that alcohol was so difficult to test for," 
said Don White, chief operating officer of Alcohol Monitoring Systems. "You 
could be drinking at night, be at the legal limit and down to zero again in 
the morning for a urine test."

The breakthrough came in 2002 with a miniature fuel cell sensitive enough 
to detect the minute amount of alcohol that emerges from a person's skin 
after consumption. Today, there are approximately 15,000 SCRAM anklets in 
use in 46 states. A version equipped with GPS is due next month.

For Williams, the alcohol-sniffing anklet took some getting used to. In the 
shoe department at Macy's last month, she became annoyed as three women 
gawked at her anklet and whispered.

"It's Gucci," she snapped.

But she's also thankful for SCRAM, because wearing the anklet beats sitting 
in jail.

"I'm not too embarrassed by it," she said. "It keeps me from drinking, and 
it's like training wheels. Soon, I'll have it off and be on my own, 
alcohol-free."

The idea that governments could monitor its citizens' every move with 
technology has been the stuff of fiction for decades, and the technology 
that allows people to create invisible fences for other people has been 
around for almost 20 years. But in a world with E-ZPass, spyware and 
surveillance cameras, the notion that law enforcement is increasing its 
ability to monitor people's physiological states unsettles privacy advocates.

Mark Monmonier, a professor at the Maxwell School at Syracuse University 
who has written about sophisticated mapping techniques and privacy, said 
advances in microprocessors and other technology will almost certainly lead 
to more intrusive monitoring and potential abuses.

"What is really alarming people is the possible problems, and the problem's 
not just Big Brother," Monmonier said. "It's a lot of Little Brothers."


=================================================
George Antunes                    Voice (713) 743-3923
Associate Professor               Fax   (713) 743-3927
Political Science                    Internet: antunes at uh dot edu
University of Houston
Houston, TX 77204-3011         

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