drug offender sentencing alternative (dosa): treatment and supervision washington state institute...

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Drug Offender Sentencing Alternative (DOSA): Treatment and Supervision Washington State Institute for Public Policy A Presentation to the Sentencing Guidelines Commission December 12, 2003 Polly Phipps, Ph.D. Washington State Institute for Public Policy Bill Luchansky, Ph.D. Looking Glass Analytics

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Drug Offender Sentencing Alternative (DOSA):

Treatment and Supervision

Washington StateInstitute for Public Policy

A Presentation to the Sentencing Guidelines Commission

December 12, 2003

Polly Phipps, Ph.D.Washington State Institute for Public Policy

Bill Luchansky, Ph.D.Looking Glass Analytics

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What Is DOSA?

• Provides a drug treatment alternative for felony offenders who receive a prison sentence.

• Under DOSA, time in confinement is reduced by half if offender completes treatment.

• Between 1995–99, only first-time felony drug offenders could receive DOSA.

• In 1999, E2SHB 1006: expanded DOSA eligibility to include all felony drug

and property offenders, and made drug offenders ineligible for work ethic camp, a

non-drug treatment sentencing option.

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Who Is Eligible for DOSA?

• Offenders with a sentence greater than one year (offenses committed after July 24, 1999).

• If drug offense, must involve only a small quantity (not defined in RCW) of a controlled substance.

• Offenders are not eligible if they have a: current or prior sex or violent offense, deadly weapon sentence enhancement, or deportation order.

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Current Study

• E2SHB 1006 directed WSIPP to evaluate DOSA.

• This presentation focuses on how DOSA has been implemented. Are DOSA offenders:

receiving and completing treatment?

held accountable for behavior that violates DOSA sentence conditions through sanctions and revocations?

• The final report, due December 2004, will focus on criminal recidivism and cost-effectiveness.

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Data Sources

• Sentencing Guidelines Commission sentencing data (FY 00 and 01)

• Department of Corrections (DOC) chemical dependency treatment data

Included in DASA TARGET database

• DOC supervision violation data

• WSIPP criminal justice database

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DOSA Treatment Sample

All 2000–2001DOSA sentences:

2,117 individuals

Not Yet ReleasedFrom Prison by 2002

225

Our Sample:Admitted to andReleased FromPrison by 2002

1,883

No Prison Admission

9

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Group Characteristics*

DOSA Offenders

DOCPrison

Population

Average Age 32.7 35.8

Gender Male 79% 92%

Female 21% 8%

Race White 65% 72%

Black 29% 21%

Native American 3% 4%

Asian 2% 3%

Other 1% 1%

Ethnicity Hispanic 8% 11%

*Percents may not add to 100 due to rounding; N=1,883. Doc prison population statistics for March, 2003.

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County Characteristics*

County

Sentencing County Supervision County

DOSA Offenders

DOC Prison Population

DOSA Offenders

DOC Population

Contact Supervision

King 43% 25% 41% 24%

Pierce 17% 16% 17% 16%

Kitsap 7% 4% 6% 3%

Spokane 5% 6% 7% 9%

Thurston 4% 4% 4% 3%

Snohomish 3% 8% 4% 8%

Benton 3% 2% 2% 2%

Cowlitz 2% 3% 3% 3%

Lewis 2% 3% 2% 1%

All Other Counties 15% 29% 14% 34%*Percents may not add to 100 due to rounding. N=1,883 for DOSA sentencing county and N=16,492 for DOC resident inmates by sentencing county (March 2003); N=1,865 for DOSA supervision county with 18 unknown, and N=32,831 for DOC supervision county-offenders with contact required (2003).

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Criminal History and DOSA Offenses

• Criminal History (not including DOSA offenses)

3.5 prior felony convictions 3.7 prior misdemeanor convictions

• DOSA Offenses 65% were convicted of felony drug offenses. 26% were convicted of non-drug felony

offenses. 9% were convicted of both drug and non-

drug felony offenses.

N=1,883

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Sentence Length and Prison Stay

10.3

17.7

0 6 12 18 24

Months

WSIPP 2003

Average Length ofConfinement

DOSA Sentence

Average Prison Time Served

N=1,883

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34%Metham-

phetamines

24%Cocaine

17%Marijuana

15%Heroin

8%

Drug Use Characteristics, DOSA Offenders

78%Severe

20%Moderate

1.5% Mild

.5%No

Addiction

WSIPP 2003

2% Othe

rAlcohol

Primary Drug Use Stage of Addiction

N=1,767; 116 missing

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DOC DOSA Policy

• All DOSA offenders receive a chemical dependency assessment in prison.

• Chemically dependent offenders receive treatment per DOC policy.

DOSA offenders receive priority for treatment. Addiction severity, custody level, risk classification, sentence length,

and treatment capacity are factors in determining treatment modality and duration.

• Upon prison release, offenders must continue to participate in outpatient treatment programs a minimum of three months.

• Sentence revocation procedures are in place for DOSA offenders who:

Fail to complete treatment continuum, violate court- or department-imposed release conditions, are convicted of a new felony, or are subject to an INS department order.

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DOSA Treatment Continuum

• Initial Treatment Modes Intensive Outpatient

A 5, 6, 9, or 12 week program providing up to 72 hours of treatment

Available in confinement and community Intensive Inpatient

30 days in length Discontinued in 2000

Long Term Residential 6 to 12 months

• Continuing Outpatient Treatment Weekly sessions for a minimum of 3

months

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Did DOSA OffendersReceive an Assessment?

No Assessment

WSIPP 2003

96%Received

Assessment

N=1,883

4%

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Did DOSA OffendersReceive the Initial Treatment?

WSIPP 2003

56%Intensive

Outpatient

N=1,883

12%No Treatment

88% Received Treatment

12%Long Term Residential

20%Intensive Inpatient

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Did DOSA Offenders Complete the Initial Treatment?

WSIPP 2003

75% Completed Treatment

11%Did Not

Complete

Still inTreatment

N=1,883

12%No

Treatment

46%Intensive

Outpatient

19%Intensive Inpatient

10% Long Term Residential

2%

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Type of Initial TreatmentReceived and Completed

1,059

378

216

864

365

178

0

200

400

600

800

1,000

1,200

IntensiveOutpatient

IntensiveInpatient

Long TermResidential

Received

Completed

82%

97%

82%2%

WSIPP 2003

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Average Treatment Time Span for Initial Treatment Mode

Treatment ended an average of four months prior to prison release.

WSIPP 2003

8.6

2.4

0.9

0 1 2 3 4 5 6 7 8 9 10 11 12

Months

Intensive Inpatient

IntensiveOutpatient

Long-TermResidential

N=1,653 receiving treatment

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Stage of Addiction by Initial Treatment Mode

WSIPP 2003

66%58%

21%30%

13% 12%

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

Severe Addiction Moderate Addiction

Intensive Outpatient

Intensive Inpatient Long Term Residential

N=1,653 receiving treatment

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Did DOSA Offenders Receive Continuing Outpatient Treatment?

WSIPP 2003

25%Confinement

34%Community

N=1,883

15%Confinement& Community

37%No Treatment

49% Received Treatment in the Community

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Did DOSA Offenders Complete Outpatient Treatment?

WSIPP 2003

11%Still in

Treatment

N=1,883

20%Community

29%Did Not Complete

Confinement

37%Did Not Receive

Treatment

4%

20% Community Completions

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DOSA Community Supervision

• Stipulated Agreement Violations and Sanctions 28% of DOSA offenders had at least one stipulated

agreement violation. A DOC study currently underway has found that 17% of all

offenders under DOC or OAA jurisdiction in FY01 had at least one stipulated agreement violation.

• Supervision Violations and Sanctions 50% of DOSA offenders had at least one supervision

violation for which they were found guilty. A DOC study currently underway has found that 32% of all

offenders under DOC or OAA jurisdiction in FY 01 were found guilty of a violation.

• DOSA sentence revocations 19% of DOSA offenders had their sentences revoked.

6% DOSA offenders had their sentenced revoked due to a new felony offense.

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DOSA Stipulated Agreement Violations

WSIPP 2003

35%Failure to

Pay/Report

49%Alcohol/

Substance Use

10%

Treatment-related

5%

UnapprovedMovement

1% Escape

Offenders: 508 (28%)

Violations: 2,111

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Stipulated Agreement Violation Sanctions

WSIPP 2003

44%Enhance

Supervision27%OutpatientTreatment

16%DOC

Programming

10%Other

Offenders: 508Sanctions: 1,702

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DOSA Supervision Violations

WSIPP 2003

41%Failure to

Pay/Report

23%Alcohol/

Substance

19%Treatment-

related

11%Unapproved Movement

6%

Escape

Offenders: 943 (50%)

Violations: 4,818

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Sanctions for Violations

WSIPP 2003

20%Confinement,County Jail

23%Confinement,DOC Facility

15%DOSA

Revocation

15% CD Evaluation/Follow-up

7%Day Reporting

4%IncreasedReporting

5%

10%Other

Intensive In- or Out-patient

Treatment

Offenders: 920 Sanctions: 2,463

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Comparing County Revocations and Violations

Supervision County

Number of DOSA

Offenders

Percent of Offenders With at

Least One Violation

Percent of Offenders

With Revocation

King 768 53% 18%

Pierce 311 50% 20%

Spokane 136 59% 26%

Kitsap 108 45% 14%

Thurston 81 28% 11%

Snohomish 77 55% 25%

Cowlitz 50 32% 16%

Benton 45 33% 18%

Grays Harbor 40 50% 28%

Clark 38 42% 11%

Lewis 34 35% 18%

Whatcom 33 64% 30%

Yakima 28 64% 25%

All Other Counties 116 48% 18%

Total 1,865 50% 19%Bolded numbers indicate statistically significant differences; 18 missing.

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DOSA Violations and Revocations by Community Outpatient Treatment Status

WSIPP 2003

32%

8%

63%

29%

19%

50%

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

% with Violations % with Revocations

Completed Treatment

Did Not CompleteDid Not ReceiveN=1,883

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Summary• Are DOSA offenders receiving and completing

the initial treatment?■ 88 percent of all DOSA offenders receive the initial

treatment.

■ 75 percent of all DOSA offenders complete the initial treatment.

• Are DOSA offenders receiving and completing continuing outpatient treatment in the community?

49% of all DOSA offenders receive outpatient treatment in the community.

20% of all DOSA offenders complete outpatient treatment in the community.

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Summary (continued)• Are DOSA offenders held accountable for behavior that

violates DOSA requirements? Approximately 50% of DOSA offenders received a

supervision violation. Nearly 60% of all supervision violation sanctions

involve confinement time; 20% of all supervision violation sanctions are treatment-related.

Violations and revocations vary slightly across counties, with a few significant differences.

King and Spokane have significantly higher violations, while Thurston and Cowlitz have significantly lower violations.

Spokane has significantly higher revocations.

Offenders who complete community outpatient treatment have the lowest violation and revocation rates.

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Final DOSA Evaluation

• Did the new DOSA legislation change sentencing practices?

• Are drug treatment services effective?

• Does DOSA reduce criminal recidivism?

• Does DOSA save state resources?

In the final DOSA evaluation (due to the Legislature December 2004), a pre-post study design with a treatment and a comparison group will be used. The evaluation will address the following questions: