Date: February 26, 2025
To: Senator Schroer, Chairman, and Members of the Senate Committee on Judiciary and Civil and Criminal Jurisprudence
From: Gwen Smith-Moore, Criminal Justice Policy Manager, Empower Missouri
Re: Support for SB 353 and SB 434
As the largest and oldest anti-poverty non-profit in our state, Empower Missouri is committed to improving the quality of life for all Missouri residents through advocacy. Since our inception, Empower Missouri has focused on the criminal justice system and its impacts. Our Community Justice Coalition consists of community advocates and organizations from across the state who work with those who have been impacted by the criminal justice system. Many coalition members are formerly incarcerated or have currently incarcerated loved ones, and all are connected by a vision for a future without mass incarceration.
We are providing testimony today in support of SB 353 and SB 434. These bills would create a DWI diversion program, giving judges the authority to divert criminal DWI cases to a diversion program if the defendant meets certain criteria, including having no previous intoxicated-related traffic offenses. Program requirements include the installation of a breathalyzer in the participant’s vehicle for a minimum of one year.
Diversion programs are an effective method of reducing the number of individuals sent to jail or prison while also providing community-based programming to participants that supports their recovery process or otherwise improves their quality of life. A criminal record carries with it numerous collateral consequences that can make it difficult for an individual to obtain employment, access educational opportunities, and secure safe and stable housing. These bills offer an alternative path for certain individuals who are committed to changing their behavior. Cases are only dismissed following the successful completion of the diversion program, ensuring that individuals are still held accountable for their actions.
Diversion programs can significantly decrease recidivism rates, reducing the likelihood that participants will reoffend. A estudio reciente of Texas diversion programs found that defendants without a prior felony conviction who participated had an immediate and dramatic reduction in subsequent offending: the total number of future convictions fell by 75 percent over a 10-year follow-up period, compared to similar defendants who did not receive diversion. This will lead to improved public safety in Missouri communities.
In addition to these benefits, diversion programs can also save states money. Research shows that for every dollar invested in drug treatment, $12 is saved through the reduction of future crime and health care expenses. In 2019, arrest data shows that over 14,000 individuals were arrested for suspicion of drunk driving in Missouri. By addressing the root causes of this crime through community-based treatment, our state can save money while reducing the strain on the criminal legal system. We hope that these bills will be a catalyst for further development of diversion programs for other types of offenses.
There is language being added via Committee Substitute to these bills that would establish the Missouri Survivors’ Justice Act. This Act would recognize the unique realities of survivorship by giving judges the discretion to impose fair sentences for domestic abuse survivors convicted of offenses directly linked to their abuse, promoting fairness and ensuring the flexibility needed to address survivors’ unique circumstances. Versions of the Survivor’s Justice Act already exist in other states, including Oklahoma which passed
the bill in 2024, demonstrating that modernizing our sentencing system is a safe, practical, and widely accepted approach. This smart approach considers important context when making sentencing decisions and we fully support its addition to these bills.
Empower Missouri urges this committee to take action to pass SB 353 and SB 434 into law. Thank you for your time and consideration of this matter.
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