bocsar drug diversion research

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    NSW Bureau of Crime

    Statistics and Research

    Drug diversion programs in NSW, Australia

    Craig Jones

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    Overview

    1. About BOCSAR2. Why evaluate drug diversion programs?

    3. At what stage does diversion happen in NSW?

    4. What programs are operating?5. What does the evidence say about the

    effectiveness of diversion programs?

    6. Summary

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    About BOCSAR

    Statistical and research agency within NSW

    Department of Justice and Attorney General (est.

    1969)

    Goal: provide public and policy makers with timelyand objective information on crime and criminal

    justice

    Three main areas of activity:1. Database maintenance and development

    2. Research and evaluation

    3. Information service

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    Why evaluate drug diversion programs?

    Significant Government investment in diversion and rehabilitationprograms

    Despite good intentions, not all programs are effective

    Worst case, some programs could increase crime Often cited example: Scared Straight (Petrosino et al., 2004)

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    Why evaluate drug diversion programs?

    A recent comparative review of 18 U.S. Drug Courtsrevealed that courts which place a strong emphasis on

    research and evaluation have higher graduation rates

    and are more cost effective than courts without this

    emphasis(Carey et al., 2008)

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    At what stage does diversion happen?

    All stages: Pre-court: before the person is charged and brought

    before the courts

    Pre-plea: after the person is brought to court butbefore they enter a plea

    Pre-sentence: after a person pleads guilty but before

    they receive their final sentence

    Post-sentence: after the person is sentenced but as

    an alternative to custody

    In custody: specialist prisons for drug offenders

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    What programs are operating in NSW?

    Pre-court Cannabis cautioning: police discretion to issue written warnings

    for cannabis and other drug offences

    Young Offenders Act 1997:discretion to issue formal cautions

    or deal with offenders by way of Youth Justice Conference Pre-plea

    Magistrates Early Referral Into Treatment (MERIT)

    Adult focussed, 3-month treatment program, operates in 66+ Local Courts

    Magistrate may take treatment into consideration when sentencing

    Pre-sentence

    Youth Drug and Alcohol Court: juvenile-focussed, involving

    intensive supervision, case management & treatment

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    What programs are operating?

    Post-sentence Adult Drug Court

    Community-based alternative to prison, prison sentence wholly suspended

    conditional on compliance with treatment

    Intensive treatment, frequent urinalysis, judicial oversight Rewards & sanctions system

    In custody

    Compulsory Drug Treatment Program

    Compulsory alternative to mainstream jail Five-stage drug treatment program:

    S1: Closed detention, non-contact visits

    S2: Semi-open detention, day release

    S3: Community custody

    S4: Parole

    S5: Voluntary case management

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    What does the evidence say

    about the effectiveness ofdiversion programs?

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    Cannabis Cautioning (pre-court)

    Scheme implemented largely as planned Successfully diverting offenders from court

    Significant savings in police and court time

    Some evidence of net-widening offenders who would have been informally warned

    now receiving formal cautions

    Did not assess whether those receiving cautionsless likely to offend than those going to court

    (Baker & Goh, 2004)

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    Diversions underYOA 1997(pre-court)

    Not specific to drug offences Some evidence that Youth Justice Conferences

    more effective than court in reducing offending

    (Luke & Lind, 2002)

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    Diversions underYOA 1997(pre-court)

    (Luke & Lind, 2002)

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    MERIT (pre-plea)

    Applied rigorous statistical methods Compared all offenders accepted onto MERIT with matched

    comparison group:

    MERIT & comparison groups equally likely to commit any new offence

    4 percent fewer MERIT participants convicted for a new theft offence

    2 percent fewer MERIT participants convicted for a new drug offence

    Compared offenders who completed MERIT with matched

    comparison group:

    12 percent fewer completers convicted for any new offence

    4 percent fewer completers convicted for a new theft offence

    MERIT completers and comparison groups equally likely to be convicted for

    a new drug offence (although rare outcome may have been problematic)

    (Lulham, 2009)

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    Youth Drug & Alcohol Court (pre-

    sentence)

    No comparison group = no rigorous outcome evaluation Approximately 35 referrals per year

    40% complete the program

    60% return to court with fresh charges while on program

    Most report that their drug use is reduced while on

    program

    Improvements in mental health

    Could not assess whether drug court participants lesslikely to re-offend

    (Social Policy Research Centre, 2004)

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    NSW Drug Court (post-sentence)

    Study 1: Process evaluation Semi-structured interviews with 12 team members, 18 health

    staff and 20 offenders

    Detailed report on the structure of the program

    Major findings:

    Initial establishment problems (e.g. establishing relationship between treatment

    providers and court, identifying who would do urine screens etc) but these abated

    Immediate short custodial sanctions problematic moved to graduated sanctions

    Eligibility requirements problematic (e.g. Aboriginal under-represented)

    Positive aspects also identified (e.g. inter-sectorial approach, program intensity)

    (Taplin, 2002)

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    NSW Drug Court (post-sentence)

    Study 2: Health and well-being Face-to-face interviews with 200 participants at baseline and

    three follow-up points 4-months apart

    Major findings:

    Very poor health and social function at outset

    Significant improvements in health & well-being over time

    Self-reported weekly expenditure on drugs reduced

    High levels of satisfaction

    Low retention rates (60 per cent terminated)

    No comparison group = cant infer program caused changes

    (Freeman, 2002)

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    NSW Drug Court (post-sentence)

    Study 3: Cost-effectiveness Randomised controlled trial (treatment = 309, control = 191)

    Major findings:

    Drug Court group took longer to commit first: Theft/drug offence (although mainly drug offences)

    Shop stealing offence

    Drug offence (mainly possession of opiates)

    (Lind, et al., 2002)

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    NSW Drug Court (post-sentence)

    Any theft/drug

    0.0

    0.2

    0.4

    0.6

    0.8

    1.0

    1.2

    0 100 200 300 400 500 600

    Number of 'free' days till first theft or drug offence

    Proportion

    surviving

    treated control

    log-rank: p=0.055

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    NSW Drug Court (post-sentence)

    Shop stealing

    0.70

    0.75

    0.80

    0.85

    0.90

    0.95

    1.00

    1.05

    0 50 100 150 200 250 300 350 400 450

    Number of free days till first shop stealing

    Proportion

    surviving

    treated control

    log-rank: p=0.016

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    NSW Drug Court (post-sentence)

    Any drug offence

    0.70

    0.75

    0.80

    0.85

    0.90

    0.95

    1.00

    1.05

    0 100 200 300 400 500 600

    Number of free days till first drug offence

    Proportion

    surviving

    Treated Control

    log-rank: p=0.005

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    NSW Drug Court (post-sentence)

    Major costs: health ($3.3m), court ($2.8m),sanctions ($1.4m)

    Cost per day slightly favoured Drug Court ($144

    cf. $152)

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    NSW Drug Court (post-sentence)

    Study 4: Re-evaluation of effectiveness Compared those entering program with those

    assessed and found not eligible

    Used rigorous statistical methods to account for non-

    comparable groups Drug Court group took longer to commit any new offence

    Drug Court group took longer to commit any violent offence

    Drug Court group took longer to commit any drug offence

    No difference in time to first property offence

    (Weatherburn et al., 2008)

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    Compulsory Drug Treatment (in custody)

    Small cohort + no comparison group = norigorous outcome evaluation

    Some evidence that health improves as they

    move through program Low rate of positive drug tests

    Generally positive views about program

    Low levels of perceived coercion Could not assess whether re-offending

    decreases among those on the program(Dekker et al., 2010)

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    Summary

    Some evidence that diversion programs work toreduce offending

    Youth Justice Conferencing

    MERIT Drug Court

    Also some evidence that diversion can produce

    monetary savings Cannabis cautioning

    Drug Court

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    Contacts

    W: www.bocsar.nsw.gov.au

    E: [email protected]

    P: +61 2 9231 9190F: +61 2 9231 9187

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    References

    Baker, J. & Goh, D. (2004). The Cannabis Cautioning Scheme three years on: an implementation and outcome evaluation. NSW Bureau of

    Crime Statistics and Research, Sydney, http://www.bocsar.nsw.gov.au/lawlink/bocsar/ll_bocsar.nsf/vwFiles/R54.pdf/$file/R54.pdfCarey, S.M., Finigan, M.W. & Pukstas, K. (2008). Exploring the Key Components of Drug Courts: A Comparative Study of 18 Adult Drug Courts

    on Practices, Outcomes, and Costs. NPC Research, Portland

    Freeman, K 2002, New South Wales Drug Court Evaluation: Health, Well-being and Participant Satisfaction, NSW Bureau of Crime Statistics

    and Research, Sydney, http://www.bocsar.nsw.gov.au/lawlink/bocsar/ll_bocsar.nsf/vwFiles/L14.pdf/$file/L14.pdf

    Lind, B, Weatherburn, D, Chen, S, Shanahan, M, Lancsar, E, Haas, M & De Abreu Lourenco, R 2002, NSW Drug Court evaluation: cost-

    effectiveness, NSW Bureau of Crime Statistics and Research, Sydney,

    http://www.bocsar.nsw.gov.au/lawlink/bocsar/ll_bocsar.nsf/vwFiles/L15.pdf/$file/L15.pdf

    Luke, G & Lind, B 2002, Reducing juvenile offending: Conferencing versus court, Crime and Justice Bulletin no. 69, NSW Bureau of Crime

    Statistics and Research, Sydney, http://www.bocsar.nsw.gov.au/lawlink/bocsar/ll_bocsar.nsf/vwFiles/CJB69.pdf/$file/CJB69.pdf

    Lulham, R 2009, The Magistrates Early Referral Into Treatment program: impact of program participation on re-offending by defendants with adrug use problem, Crime and Justice Bulletin no. 131, NSW Bureau of Crime Statistics and Research, Sydney,

    http://www.bocsar.nsw.gov.au/lawlink/bocsar/ll_bocsar.nsf/vwFiles/CJB131.pdf/$file/CJB131.pdf

    Petrosino, A., Turpin-Petrosino, C. & Buehler, J. (2003). Scared Straight' and other juvenile awareness programs for preventing juvenile

    delinquency. Campbell Review Update I, Philadelphia, Pennsylvania,

    http://web.archive.org/web/20070927013116/http://www.campbellcollaboration.org/doc-pdf/ssrupdt.pdf.

    Social Policy Research Centre (2004). Evaluation of the New South Wales Youth Drug Court Pilot Program. Social Policy Research Centre,

    Sydney,

    http://www.lawlink.nsw.gov.au/lawlink/drug_court/ll_drugcourt.nsf/vwFiles/YDAC_Final%20Report%20_revised_March%2004PRINT.pdf/$fil

    e/YDAC_Final%20Report%20_revised_March%2004PRINT.pdf#target='_blankTaplin, S 2002, The New South Wales Drug Court Evaluation: A Process Evaluation, NSW Bureau of Crime Statistics and Research, Sydney,

    http://www.bocsar.nsw.gov.au/lawlink/bocsar/ll_bocsar.nsf/vwFiles/L13.pdf/$file/L13.pdf

    Weatherburn, D., Jones, C., Snowball, L. & Hua, J. (2008). The NSW Drug Court: a re-evaluation of its effect iveness, NSW Bureau of Crime

    Statistics and Research, Sydney, http://www.bocsar.nsw.gov.au/lawlink/bocsar/ll_bocsar.nsf/vwFiles/CJB121.pdf/$file/CJB121.pdf