Victim impact panels: Who is sentenced to attend? Does attendance affect recidivism of first-time DWI offenders?

Background: Victim Impact Panels (VIPs) have been implemented widely in the United States by judges as a deterrent to drinking and driving, but there is little evidence of their utility in preventing recidivism. Objectives: The objectives of this study were to examine judges' referral p atterns to the VIPs among a multiethnic population of convicted first-time driving while impaired (DWI) offenders and to compare 5-year recidivism rat es of those mandated and not mandated to attend the VIP. Methods: Study participants included 5238 convicted first-time DWI offender s who were referred to a screening program in Bernalillo County, New Mexico , and who completed a personal interview with a master's-level counselor be tween April 1989 and October 1995. Logistic regression analysis was used to evaluate judges' preferences in mandating offenders to attend a VIP. The p ercent of subjects reoffending in the 5 years following their referral for screening was calculated by standard life-table analyses. Cox proportional hazards analysis was used to test the effects of known independent predicto rs for recidivism. Separate models were developed for the entire population , non-Hispanic offenders, and Hispanic/Mexican national subgroups. Results: Female judges who regularly adjudicated DWI offenders were more li kely to refer offenders to a VIP. Judges were less likely to refer men and offenders with less than 12 years of education and an unknown arrest blood alcohol concentration (BAC), and of Hispanic/Mexican national or other race /ethnicity. Judges were more likely to refer unmarried offenders to a VIP. After controlling for multiple risk factors, referral to VIP was not a stro ng predictor of recidivism in Hispanic and non-Hispanic ethnic groups, with 95% confidence limits ranging from 0.8 to 1.0, compared to those not refer red. Conclusions: Female judges were more likely than male judges to refer offen ders to a VIP, and referral patterns varied by offender characteristics. Th e VIP referral did not increase rearrest rates but lowered them marginally to not at all. This study should be followed up with a randomized design to control for referral patterns and to further define the impact of mandatin g offenders to the VIP.