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
[email protected]@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