Integrating Offender Screening Process into Specialty Court Eligibility Determination Presenter: Steven Fritz, LPC, LADC Clinical Director, Human Skills & Resources, Inc Oklahoma Specialty Court Conference Norman, OK September 3, 2015

First Things First… The Offender Screening is NOT a Drug Court Assessment. HOWEVER…

Offender Screening Law: OK ST. T. 43A § After an initial appearance, a person accused of a felony offense may submit to an approved risk, mental health and substance abuse assessment and evaluation which shall be administered and scored by assessment personnel certified by the Department of Mental Health and Substance Abuse Services. Any person lacking sufficient skills to comprehend or otherwise participate in the risk, mental health and substance abuse assessment and evaluation shall have appropriate assistance. The court, district attorney, arrested person and counsel for the arrested person shall have access to the results of the risk, mental health and substance abuse assessment and evaluation. The results of the risk, mental health and substance abuse assessment and evaluation shall not be admissible as evidence in the criminal case unless specifically waived by the defendant or for purposes of determining sentencing options for a defendant who has pled guilty and punishment is to be determined at the discretion of the court. The court and the district attorney shall consider the results of the risk, mental health and substance abuse assessment and evaluation to determine sentencing options for the person.

Offender Screening Law: OK ST. T. 43A § After an initial appearance, a person accused of a felony offense may submit to an approved risk, mental health and substance abuse assessment and evaluation which shall be administered and scored by assessment personnel certified by the Department of Mental Health and Substance Abuse Services. Any person lacking sufficient skills to comprehend or otherwise participate in the risk, mental health and substance abuse assessment and evaluation shall have appropriate assistance. The court, district attorney, arrested person and counsel for the arrested person shall have access to the results of the risk, mental health and substance abuse assessment and evaluation. The results of the risk, mental health and substance abuse assessment and evaluation shall not be admissible as evidence in the criminal case unless specifically waived by the defendant or for purposes of determining sentencing options for a defendant who has pled guilty and punishment is to be determined at the discretion of the court. The court and the district attorney shall consider the results of the risk, mental health and substance abuse assessment and evaluation to determine sentencing options for the person.

Offender Screening Growing  As of March 2015 over 5,000 offenders have been screened.  Currently Offender Screenings are being conducted in 26 Counties  Providers must be contract with ODMHSAS to conduct the Screenings

Offender Screening Components:  Ohio Risk Assessment System (ORAS) – Community Supervision Tool  Validated Criminogenic Risk Assessment developed by the University of Cincinnati.  7 Domains – Independently Predictive Criminal HistoryEmployment / Education Family / SupportNeighborhood Substance UsePeer Associations Criminal Attitudes.  Scores Range from Low-Very High Risk to Recidivate

Offender Screening Components:  TCU Drug Screen V (TCUDS V)  Developed by the Institute of Behavioral Research at Texas Christian University.  Screens for symptoms of substance use disorders, as well as provides information on the offender’s current (last 12 month) usage patterns.  Updated in 2014 to become consistent with DSM-V, and returns results ranging from mild- severe substance use disorder symptoms.  Mental Health Screening Form III (MHSF-III)  Developed in 2000 by the Project Return Foundation, to serve as a screening for patients being admitted into Substance Abuse Treatment.  18 Yes / No questions on a variety of Mental Health Symptoms. Affirmative responses require additional probing regarding onset and current severity of symptoms.  Untreated symptoms generally require additional evaluation.

Risk / Need / Responsivity Principle Chapman Journal of Criminal Justice (2009) High Risk/ High Treatment Need Intensive supervision Status calendar Intensive mh/sa treatment Pro-social rehabilitation (Criminal Thinking Curriculum) Low Risk/ High Treatment Need Limited supervision (phone check-ins, etc.) Noncompliance calendar Intensive treatment High Risk/ Low Treatment Need Intensive supervision Status calendar Minimal to no treatment Pro-social rehabilitation (Criminal Thinking Curriculum) Low Risk/ Low Treatment Need Limited supervision (phone check-ins, etc.) Noncompliance calendar Minimal to no treatment

R/N/R Application - Example High Risk/ High Treatment Need Drug / DUI Court Mental Health Court Veterans Treatment Court Community Sentencing Women in Recovery Low Risk/ High Treatment Need Community Based Supervision DA Supervision Must require/monitor Treatment Engagement High Risk/ Low Treatment Need Probation & Parole Community Based Supervision Low Risk/ Low Treatment Need DA Supervision Probation & Parole Offender Screening designed to match offender with most appropriate interventions to reduce recidivism.

WARNING!!!  Not Everyone who completes an Offender Screening will be High Risk / High Treatment Need.  Not Everyone who completes an Offender Screening will need Substance Abuse or Mental Health Treatment.  While Criminal History is significant, it is not the only thing that determines Risk.  While Substance Abuse is significant, it is not the only thing that determines Risk.  While Mental Health Needs are Significant, it is not predictive of recidivism.

NOT EVERYONE WHO DOES AN OFFENDER SCREENING NEEDS TO BE IN SPECIALTY COURTS... BUT MANY DO!!!

Determining Eligibility  Each Specialty Court / Diversionary Program maintains their own Eligibility Criteria.  Type of Crime / Automatic Exclusions  Previous Felony Conviction/Adjudication  Diagnosis  Gender  Veteran Status  Gatekeeper Role Those who are referred to a Specialty Court Program by an Offender Screening May not be eligible for that program.

FY16 Drug Court Manual 2.4 Eligibility Criteria and Referrals Prompt identification and placement of eligible offenders into the drug court program is a priority in order to enhance positive outcomes. The drug court shall prioritize offenders for admission who are addicted to drugs or alcohol (high need) and whom are a substantial risk for reoffending or failing to complete a less intensive disposition (high criminogenic risk) The drug court policy manual shall have identified eligibility criteria which:  Are objective;  Are well-defined; and  Include exclusionary criteria The drug court policy manual shall identify the process by which eligible offenders are identified and considered for the drug court program including:  Target timeline for legal eligibility review;  Target timeline for treatment eligibility review. Treatment eligibility review shall include the administration of an approved criminogenic risk assessment and substance use disorder screen by a trained clinician, if one has not been conducted in the prior six (6) months; and  Target timeline for the drug court team to review and determine eligibility.

Approved Criminogenic Risk Assessments  Level of Service Inventory – Revised (LSI-R)  Validated Risk / Needs Instrument consisting of 54 items in 10 subcomponents.  General Risk / Need is generated, however, responsivity is unaddressed.  Level of Service / Case Management Inventory (LS/CMI)  Validated Risk / Needs Instrument consisting primarily of 43 items in 8 subcomponents.  Numerous sections devoted to Responsively factors, as well as a number of sections devoted to case planning, recording progress, and documenting discharge.  Ohio Risk Assessment System – Community Supervision Tool (ORAS-CST)  Same instrument as is used in the Offender Screening. All Assessments require screener to be Certified prior to administering assessment.

Substance Use Disorder Screening Instruments:  TCU Drug Screen V (TCUDS-V)  Triage Assessment for Addictive Disorders – 5 (TAAD-5)  Substance Use Disorder Diagnostic Schedule – 5 (SUDDS-5)  Substance Abuse Subtle Screening Inventory (SASSI-III)  NIDA-Modified ASSIST  CAGE-AID (CAGE instrument modified to include drug usage) And Many More..

Remember this… The Offender Screening is NOT a Drug Court Assessment. But it has all of the parts. (Kinda)

Why High Risk…  The State is pushing Drug Court Programs to accept offenders who are High Risk / High Needs.  Ensures those resources are going to those who Need it the Most.  Ensures those resources are going to those who will Benefit the Most  This is accomplished through the Funding Model  Previous Felony Conviction  High or Moderate Risk

Mental Health Court  Programs may target both High/Moderate offenders as well as Low/Moderate offenders who are diagnosed with a Serious Mental Illness (SMI).  Risk/Need/Responsivity principles will instruct that these groups be separated into 2 different tracks to effectively address the Risk Factors.  Additional assessment will be required to obtain diagnosis and ensure that participant is appropriate and amendable to treatment.  While the Offender Screening conducts a Mental Health Screening, it is insufficient to determine diagnosis.

Arrest Initial Appearance Offender Screening is Ordered or Requested Offender Screening Returned to Court / DA / Attorney within 5 days Arraignment / Additional Hearings / Conferences Application to Specialty Court / Diversionary Program Additional Assessments, if required Mental Health Community Sentencing (LSI) Plea / Sentencing

Things to Consider…  Implementation Challenges  Eliciting support from Judiciary and District Attorney prior to implementation.  Educating stakeholders regarding benefits and limitations of Offender Screening  Collaborating with Specialty Courts / Diversionary Programs. (Finding the WIN-WIN)  Ongoing Challenges  Effective sharing of information.  Maintaining Value vs. Just another hurdle  Using the Data

Integrating Offender Screening Process into Specialty Court Eligibility Determination Presenter: Steven Fritz, LPC, LADC Clinical Director, Human Skills & Resources, Inc Oklahoma Specialty Court Conference Norman, OK September 3, 2015