Convictions for Drug Court Participants

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Convictions for Drug Court Participants NW HIDTA/DASA Drug Court Evaluation Alcohol and Drug Abuse Institute University of Washington February 20, 2001 Issue. Convictions are another component of criminal justice system involvement (the others have been arrests, court filings and time incarcerated). Jointly they give a detailed picture of the patterns and seriousness of offenses for the various drug court participant outcome groups. Conclusion. Offenders who graduate from drug court are less likely than offenders in any other groups to be re-convicted in the three years following referral to drug court. Drug Court Outcome Groups. Subjects are grouped as follows: s are persons who passed an initial legal screen and were referred to the court, but on closer examination were found to be ineligible on either legal or clinical grounds. Opt Outs are persons who met all criteria, and were offered entry to the court, but who personally declined to participate. Graduates are individuals who graduated from a drug court. Did Not Finish (DNF) are individuals who were admitted to a drug court program and either failed or dropped out. Active cases are those remaining in the drug court program at the time of data collection, but they are not included in this analysis. Method. Data for these analyses were obtained from the Office of the Administrator for the Courts, by way of the Washington State Institute for Public Policy. The data included the outcomes for all court filings from January, 1992 through September, 1999. These data were analyzed to determine the per cent of each subgroup that committed a crime for which they were subsequently convicted, in each month in the three years prior to and three years following the offenders' referrals to the drug courts. The date graphed is the month in which an offense occurred that led to a conviction (i.e., not the month of the conviction). The last year of each subjects data is used only to allow for convictions of earlier offenses, not for identifying offenses which might lead to convictions. Thus each offender is represented in these data for one year less than the total span of their data. For example, anyone with less than one year of data following referral to drug court will only have data in the pre drug court period. This leads to the odd result that group sizes are maximized well before the drug court referral month. Convictions Report 2-20-01.doc

This technique conforms to the definition of recidivism used by the Washington State Institute for Public Policy. These results are presented in graphs for King, Pierce and Spokane counties. As indicated above, because offenders enter the programs at different times, the durations of pre and post referral data varies across subjects. For each county tables are included giving the numbers of subjects with data at three month intervals through the pre and post periods. Thurston, Skagit and Kitsap counties do not have enough subjects with a year or more of data to make their results reliable, however tables of their sample sizes are included following the graphs and tables for King, Pierce, and Spokane. Following these tables of sample sizes is a second set of graphs for King, Pierce and Spokane counties showing the cumulative per cent of each group convicted by each month after the point of referral. Statistical analyses were performed on the changes in the numbers of convictions before and after referral to drug court. Outcome groups within each of the three counties were compared to each other, to determine whether the Graduates were different from the other groups. Results. Across King Pierce and Spokane counties, the graphical analysis shows: Conviction rates for all groups except the Graduates peak sharply around the time of referral. Generally the per month rates of convictions are in the range of about 3% to 10%. Exceptions to this are (1) the Graduates, whose post referral conviction rates are often in the 0% to 3% range, (2) the peak rates occurring around the time of referral, which are much higher, and (3) occasional other spikes above 10% in Pierce and Spokane counties, primarily in the DNF groups. The Graduates have the lowest rates of convictions across the 6 year period, and lower in the post than in the pre period. The DNFs have the highest conviction rates pre-referral, and the s the second highest, in all three counties. Post referral, the s have the highest conviction rates in King and Spokane counties. The DNFs have the highest rate in Pierce and the second highest in King and Spokane. All groups except Graduates have higher rates of convictions post referral than pre, with the lone exception of the s in Pierce, who showed a very slight overall decline in convictions from pre to post referral Month to month, pre referral conviction rates tend to be fairly stable. In all three counties the month to month rates are more variable in the post referral period. Cumulative conviction graphs. One graph is presented for the data from all three counties combined, and each county has its own graph, In all cases the Graduate group shows lowest rate of recidivism, the DNFs and s highest, and the Opt Outs between the two extremes. By the end of the three year follow-up period, Graduate group conviction rates are around 20% (highest in King, lowest in Spokane), DNF and rates around 60%, and Opt Out rates around 45%. 2

The statistical analysis for groups controlled for group differences in pre referral conviction rates by analyzing the amount of change in conviction rate between the pre and post referral periods. Group means confirmed the graphical impressions that the Graduates have the lowest conviction rates both pre and post in all three counties. The DNFs are highest pre and highest or second highest post drug court referral. The Graduate groups all show a decline (improvement) in conviction rates from pre referral to post referral. All other groups show an increase, except the s in Pierce show a slight decline. If data from the three counties are combined, the DNFs have the highest conviction rate post as well as pre referral, and the s show the greatest increase in conviction rate from pre to post. When the Graduates are compared with the other groups one at a time on the amount of change in conviction rates, the Graduates show a significantly better score than each of the other groups in all three counties. The Graduates also do better than the other groups when data are merged across the three counties. In King and Pierce Counties, the overall statistical test showed an effect size in the medium range, in Spokane the effect size was in the small range. "Effect size" is an index of the magnitude of the effectiveness of treatment independent of sample size. Medium effect sizes are generally about the best to be found in most social service programs. These results appear to be influenced significantly by selection effects resulting from how the groups are defined. In particular, s may be deemed ineligible because they have an offense other than the incident offense pending, and DNFs may be categorized as such because they are re-arrested for a serious crime while still in drug court. Thus the same events that are being used to define outcomes are being used, in part, to define outcome group membership, which automatically leads to significant group differences. The problem this creates has nothing to do with the desirability or appropriateness of the drub courts' admission or retention policies, which we assume are perfectly reasonable. The problem is that when outcomes among groups are biased in this way, it is extremely difficult to interpret the evaluation results in order to determine whether the drug court programs are effective. 3

King County 20% Peak @ 66% 15% 10% 5% Graduated DNF 0% -36-30 -24-18 -12-6 DC 6 12 18 24 30 36 Percent of participants arrested and eventually convicted, by month, for three years before and after Drug Court referral. 5

King County Number of Participants With Complete Data Months Before And After Referral to Drug Court Group -36-33 -30-27 -24-21 -18-15 -12-9 -6-3 0 3 6 9 12 15 18 21 24 27 30 33 36 Graduated 313 313 313 313 313 313 313 313 313 313 313 309 300 284 271 255 240 230 219 200 172 155 148 138 121 DNF 795 795 795 795 795 795 795 795 792 783 767 751 724 698 669 614 585 542 517 467 427 376 352 328 278 2349 2349 2349 2349 2349 2349 2349 2346 2273 2126 2041 1977 1890 1815 1735 1632 1561 1458 1393 1319 1101 952 862 784 637 513 513 513 513 513 513 513 510 489 441 394 356 326 280 254 230 213 188 170 152 135 117 110 102 91 6

Pierce County 20% Peak @ 59% 15% 10% 5% Graduated DNF 0% -36-30 -24-18 -12-6 DC 6 12 18 24 30 36 Percent of participants arrested and eventually convicted, by month, for three years before and after Drug Court referral. 7

Pierce County Number of Participants With Complete Data Months Before And After Referral to Drug Court Group -36-33 -30-27 -24-21 -18-15 -12-9 -6-3 0 3 6 9 12 15 18 21 24 27 30 33 36 Graduated 285 285 285 285 285 285 285 285 285 285 285 282 268 251 236 215 200 171 153 132 110 87 74 55 46 DNF 471 471 471 471 471 471 471 471 471 451 432 413 403 365 348 321 296 269 244 206 169 116 88 59 47 426 426 426 426 426 426 426 425 423 409 402 399 394 388 372 354 333 311 292 279 267 255 243 226 223 868 868 868 868 868 868 868 864 857 833 817 803 784 766 751 739 723 696 683 676 665 656 639 620 600 9

Spokane County 20% Peak @ 36% 15% 10% 5% Graduated DNF 0% -36-30 -24-18 -12-6 DC 6 12 Percent of participants arrested and eventually convicted, by month, for three years before and after Drug Court referral. 18 24 30 36 10

Spokane County Number of Participants With Complete Data Months Before And After Referral to Drug Court Group -36-33 -30-27 -24-21 -18-15 -12-9 -6-3 0 3 6 9 12 15 18 21 24 27 30 33 36 85 85 85 85 85 85 85 85 85 85 85 79 73 69 64 61 51 43 37 34 27 21 15 8 DNF 118 118 118 118 118 118 118 118 116 114 112 108 104 99 96 84 77 72 62 55 46 37 29 23 13 Graduated 85 482 482 482 482 482 482 482 476 460 425 407 363 346 319 294 271 242 198 163 124 107 85 52 35 20 1895 1895 1895 1895 1895 1895 1895 1847 1698 1561 1441 1291 1182 1055 947 860 764 651 558 451 370 279 223 155 85 11

Thurston County Number of Participants With Complete Data Months Before And After Referral to Drug Court Group -36-33 -30-27 -24-21 -18-15 -12-9 -6-3 0 3 6 9 12 15 18 21 24 27 30 33 36 Graduated 33 33 33 33 33 33 33 33 33 33 33 31 27 19 11 5 0 0 0 0 0 0 0 0 0 DNF 96 96 96 96 96 96 96 96 96 93 86 76 62 49 26 8 0 0 0 0 0 0 0 0 0 273 273 273 273 273 273 273 273 247 221 181 152 99 63 33 13 1 1 1 0 0 0 0 0 0 8 8 8 8 38 38 38 38 34 32 30 28 23 5 11 9 0 0 0 0 0 0 0 0 0 3 3 3 3 1 Skagit County Number of Participants With Complete Data Months Before And After Referral to Drug Court Group -36-33 -30-27 -24-21 -18-15 -12-9 -6-3 0 3 6 9 12 15 18 21 24 27 30 33 36 Graduated 31 31 31 31 31 31 31 31 31 31 31 31 27 19 16 12 9 5 0 0 0 0 0 0 0 DNF 24 24 24 24 24 24 24 24 24 24 22 20 18 15 11 9 7 4 1 1 1 1 0 0 0 2 2 2 2 2 2 2 2 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Kitsap County Number of Participants With Complete Data Months Before And After Referral to Drug Court Group -36-33 -30-27 -24-21 -18-15 -12-9 -6-3 0 3 6 9 12 15 18 21 24 27 30 33 36 Graduated 6 6 6 6 6 6 6 6 6 6 6 6 3 0 0 0 0 0 0 0 0 0 0 0 0 DNF 16 16 16 16 16 16 16 16 15 11 9 7 5 1 1 0 0 0 0 0 0 0 0 0 0 2 2 2 2 2 2 2 2 2 1 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 3 3 3 3 3 3 3 3 2 1 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 12

All Counties Cummlative Percent 100% 80% 60% 40% 20% 0% Active Graduates DNF 1 5 9 13 17 21 25 29 33 37 Months After Referral King County Cummlative Percent 100% 80% 60% 40% 20% 0% Active Graduated DNF 1 5 9 13 17 21 25 29 33 37 Months After Referral

Pierce County Cummlative Percent 100% 80% 60% 40% 20% 0% Active Graduated DNF 1 5 9 13 17 21 25 29 33 37 Months After Referral Spokane County Cummlative Percent 100% 80% 60% 40% 20% 0% Graduated DNF 1 5 9 13 17 21 25 29 33 37 Months After Referral 14