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