Implementing SACPA:Implementing SACPA:Orange County’s Orange County’s

ExperienceExperience

October 16, 2008October 16, 2008ACJR Semi-annual ConferenceACJR Semi-annual Conference

Christie Gardiner, Ph.D.Christie Gardiner, Ph.D.California State University, FullertonCalifornia State University, Fullerton

cgardiner@fullerton.educgardiner@fullerton.edu

This research was partially funded by National Institute of Justice Dissertation Research Grant, 2007-IJ-CX-0031

How did SACPA affect drug How did SACPA affect drug offenders and the criminal offenders and the criminal justice system in Orange justice system in Orange

County?County?

Mixed Methods ResearchMixed Methods Research– Interviews, Observations, Time Series Interviews, Observations, Time Series

AnalysisAnalysis

Semi-structured interviewsSemi-structured interviews– 60+ practitioners from 14 agencies60+ practitioners from 14 agencies– Grounded theory approachGrounded theory approach

Ready… Set … Ready… Set … Implement!Implement!

Pilot Study began March 2001Pilot Study began March 2001

Dedicated “Prop36” Court modelDedicated “Prop36” Court model

Navigated confidentiality & personality issuesNavigated confidentiality & personality issues

Implementation Hurdles Implementation Hurdles

Previous collaborations were a huge benefitPrevious collaborations were a huge benefit

Unintended Unintended Consequences and Consequences and

Frustration lead Law Frustration lead Law Enforcement Officers to Enforcement Officers to

adopt strategies that adopt strategies that circumvent the lawcircumvent the law

Patrol OfficersPatrol Officers– Changes in arresting behaviorChanges in arresting behavior

Narcotics UnitsNarcotics Units– More time spent on More time spent on

surveillance, working other surveillance, working other crimescrimes

Quantitative data support and refute Quantitative data support and refute law enforcement officer’s law enforcement officer’s

testimonytestimony

SACPA changed sentences for O. C. SACPA changed sentences for O. C. offenders convicted of drug possession offenders convicted of drug possession

offensesoffenses

Estimated Number of O.C. Drug Possession Estimated Number of O.C. Drug Possession Offenders Sentenced 2001-2005Offenders Sentenced 2001-2005**, with and , with and

without Prop36 as Lawwithout Prop36 as Law

* Excluding 2004, due to data issues at the state level

More arrests More arrests more bookings more bookings

Prop36 offenders: Prop36 offenders: More violations, new crimesMore violations, new crimes

CDCR overcrowding affects OCJCDCR overcrowding affects OCJ

Orange County Orange County JailJail

““No noticeable impact.”No noticeable impact.” -- How can that be?-- How can that be?

O.C. Superior CourtO.C. Superior Court

More pleas at earlier stagesMore pleas at earlier stages

Most cases “re-handled” multiple times Most cases “re-handled” multiple times – Judges use discretion to order offenders to Judges use discretion to order offenders to

courtcourt

City Attorney’s Office adopted “letter of City Attorney’s Office adopted “letter of the law” stance the law” stance

Public Defender absorbed additional Public Defender absorbed additional workwork

Probation Probation

Department was Department was

overwhelmedoverwhelmed

45% of all new cases were Prop. 36’ers45% of all new cases were Prop. 36’ers On average, 325 new Prop. 36’ers On average, 325 new Prop. 36’ers

each montheach month Staff strain (1:100 caseloads became Staff strain (1:100 caseloads became

1:250)1:250)

Probation Dept. had to Probation Dept. had to

innovate in order to innovate in order to

copecope1.1. ““Co-locate” strategyCo-locate” strategy2.2. Department re-organizationDepartment re-organization3.3. Many offenders “banked” Many offenders “banked” 4.4. Petitioned Court to “relieve Petitioned Court to “relieve

supervision” responsibility upon supervision” responsibility upon completion of treatmentcompletion of treatment

5.5. Created “dual diagnosis” caseloadsCreated “dual diagnosis” caseloads6.6. Assigned misdemeanor cases to Assigned misdemeanor cases to

HCAHCA

Parole Agents navigate the Parole Agents navigate the system to achieve their desired system to achieve their desired

outcomesoutcomes

Agents encourage parolees to waive Agents encourage parolees to waive their rights to Prop36 their rights to Prop36

Decision to violate or “COP” is Decision to violate or “COP” is complexcomplex– Based on expected action by BoardBased on expected action by Board

Different funding streams Different funding streams complicates treatment optionscomplicates treatment options

Summary… Impacts on O.C. Summary… Impacts on O.C. offendersoffenders

≈≈3,400 O.C. drug offenders are 3,400 O.C. drug offenders are diverted diverted from incarceration and receive from incarceration and receive treatment treatment annuallyannually

Unintended ConsequencesUnintended Consequences

– Net widening effect on arrestsNet widening effect on arrests

– More offenders convicted of misdemeanor More offenders convicted of misdemeanor drug offenses after being arrested for drug offenses after being arrested for felony drug crimesfelony drug crimes

Summary: Impacts on O.C. Summary: Impacts on O.C. practitionerspractitioners

Street-level bureaucrats found ways to Street-level bureaucrats found ways to circumvent law to achieve goalscircumvent law to achieve goals

Intended and Unintended ConsequencesIntended and Unintended Consequences– Frustrated many practitioners Frustrated many practitioners – Changed the makeup & success of drug courtsChanged the makeup & success of drug courts– Spurred major innovation at some agenciesSpurred major innovation at some agencies

Inadequate fundsInadequate funds

– Expanded collaborations b/t CJS and Expanded collaborations b/t CJS and HealthcareHealthcare

Lessons from O.C.Lessons from O.C.

Prop36 is not working as intendedProp36 is not working as intended Two issues at the heart of the matterTwo issues at the heart of the matter

– a mismatch between offenders’ a mismatch between offenders’ treatment needs and the treatment treatment needs and the treatment provided by Proposition 36 fundsprovided by Proposition 36 funds

– balancing failure as a part of addiction balancing failure as a part of addiction with the incentives and sanctions that with the incentives and sanctions that are necessary components of behavior are necessary components of behavior modification programs modification programs

Suggested improvementsSuggested improvements

Additional discretion regarding Additional discretion regarding participationparticipation

Graduated sanctionsGraduated sanctions Strengthen treatment componentStrengthen treatment component Additional resources requiredAdditional resources required Improve communication b/t Improve communication b/t

practitioners at various agenciespractitioners at various agencies