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Drug Offender Sentencing Alternative (DOSA): Treatment and Supervision

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Presentation on theme: "Drug Offender Sentencing Alternative (DOSA): Treatment and Supervision"— Presentation transcript:

1 Drug Offender Sentencing Alternative (DOSA): Treatment and Supervision
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 Washington State Institute for Public Policy

2 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.

3 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.

4 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.

5 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

6 DOSA Treatment Sample

7 Group Characteristics*
DOSA Offenders DOC Prison Population Average Age 32.7 35.8 Gender Male 79% 92% Female 21% 8% Race White 65% 72% Black 29% Native American 3% 4% Asian 2% Other 1% Ethnicity Hispanic 11% *Percents may not add to 100 due to rounding; N=1,883. Doc prison population statistics for March, 2003.

8 County Characteristics*
Sentencing County Supervision County DOSA Offenders DOC Prison Population DOC Population Contact Supervision King 43% 25% 41% 24% Pierce 17% 16% Kitsap 7% 4% 6% 3% Spokane 5% 9% Thurston Snohomish 8% Benton 2% Cowlitz Lewis 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).

9 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

10 Sentence Length and Prison Stay
Average Length of Confinement DOSA Sentence Average Prison Time Served N=1,883 WSIPP 2003

11 Drug Use Characteristics, DOSA Offenders
2% Other Alcohol Primary Drug Use Stage of Addiction WSIPP 2003 N=1,767; 116 missing

12 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.

13 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

14 Did DOSA Offenders Receive an Assessment?
No Assessment 4% 96% Received Assessment N=1,883 WSIPP 2003

15 Did DOSA Offenders Receive the Initial Treatment?
88% Received Treatment 12% Long Term Residential 56% Intensive Outpatient 12% No Treatment 20% Intensive Inpatient N=1,883 WSIPP 2003

16 Did DOSA Offenders Complete the Initial Treatment?
75% Completed Treatment 12% No Treatment 11% Did Not Complete 46% Intensive Outpatient Still in Treatment 2% 10% Long Term Residential 19% Intensive Inpatient N=1,883 WSIPP 2003

17 Type of Initial Treatment Received and Completed
WSIPP 2003

18 Average Treatment Time Span for Initial Treatment Mode
Intensive Inpatient Intensive Outpatient Long-Term Residential WSIPP 2003 Treatment ended an average of four months prior to prison release. N=1,653 receiving treatment

19 Stage of Addiction by Initial Treatment Mode
Intensive Outpatient Intensive Inpatient Long Term Residential WSIPP 2003 N=1,653 receiving treatment

20 Did DOSA Offenders Receive Continuing Outpatient Treatment?
49% Received Treatment in the Community 34% Community 37% No Treatment 15% Confinement & Community 25% Confinement N=1,883 WSIPP 2003

21 Did DOSA Offenders Complete Outpatient Treatment?
20% Community Completions 11% Still in Treatment 20% Community 37% Did Not Receive Treatment 4% Confinement 29% Did Not Complete N=1,883 WSIPP 2003

22 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.

23 DOSA Stipulated Agreement Violations
Unapproved Movement 1% Escape Treatment-related 5% 10% 49% Alcohol/ Substance Use 35% Failure to Pay/Report Offenders: 508 (28%) Violations: 2,111 WSIPP 2003

24 Stipulated Agreement Violation Sanctions
10% Other 16% DOC Programming 44% Enhance Supervision 27% Outpatient Treatment Offenders: 508 Sanctions: 1,702 WSIPP 2003

25 DOSA Supervision Violations
Escape 6% Unapproved Movement 11% 41% Failure to Pay/Report 19% Treatment-related 23% Alcohol/ Substance Offenders: 943 (50%) Violations: 4,818 WSIPP 2003

26 Sanctions for Violations
Intensive In- or Out-patient Treatment 10% Other 20% Confinement, County Jail 5% Increased Reporting 4% Day Reporting 7% 23% Confinement, DOC Facility 15% CD Evaluation/ Follow-up 15% DOSA Revocation Offenders: 920 Sanctions: 2,463 WSIPP 2003

27 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% Grays Harbor 40 Clark 38 42% Lewis 34 35% Whatcom 33 64% 30% Yakima 28 All Other Counties 116 48% Total 1,865 19% Bolded numbers indicate statistically significant differences; 18 missing.

28 DOSA Violations and Revocations by Community Outpatient Treatment Status
Completed Treatment Did Not Complete Did Not Receive WSIPP 2003 N=1,883

29 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.

30 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.

31 Final DOSA Evaluation 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: Did the new DOSA legislation change sentencing practices? Are drug treatment services effective? Does DOSA reduce criminal recidivism? Does DOSA save state resources?

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