06 Mark Kleiman Altern Encarcelamiento

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Mandated Treatment and Mandated Abstinence: Diversion, Drug Courts, and Swift-and-Certain Sanctioning Mark A.R. Kleiman OAS July 12, 2013


THE TREATMENT GAP Problem Most dependent drug users aren’t in treatment Solutions Supply-side Availability, quality, acceptability Demand-side Persuasion, coercion


THE PROMISE OF OFFENDER DEMAND REDUCTION  Drug-abusing criminals persist in crime if they persist in drug use.  Drug abusers in treatment reduce drug use while in treatment.  Reducing drug use tends to reduce crime.  User-offenders in consumer countries account for most illicit drug demand.


ALTERNATIVES TO TREATMENT • Most problem users recover without formal treatment: “spontaneous desistance” • Self-help groups (Twelve-Step programs) are as effective as formal treatment for those who persist in the programs. • Abstinence mandates consistently out-perform treatment mandates


MANAGING DRUG-INVOLVED OFFENDERS JUDGE INVOLVEMENT TREATMENT Standard MANDATE drug court DESISTANCE DC Drug Court MANDATE Sanctions Track HOPE

NO JUDGE Treatment diversion WISP


MANDATED TREATMENT • Diversion programs – “Assess and treat” spreads treatment thin – Compliance problem

• Drug courts Judicial involvement can Improve compliance


DESISTANCE MANDATE PROGRAMS • • • •

DC Pretrial DC drug court (randomized trial) HOPE (randomized trial) WISP (randomized trial)


DESISTANCE MANDATES • • • •

Warning to probationers in open court. Required abstinence from illicit drugs. Randomized drug testing using a “hot line.” Short jail stays (days) for each violation. (Mean 6 days for a first violation, 14 days for a second violation.) • Prompt and reliable sanctions delivery. • Formal treatment only on request or as a last resort before incarceration.


PRINCIPLES OF EFFECTIVE DESISTANCE MANDATES • • • •

Clear warning Required abstinence from illicit drugs Randomized drug testing using a “hot line” Short jail stays (days) for each violation. Prompt and reliable sanctions delivery. • Formal treatment only on request or as a last resort before incarceration.


THERAPEUTIC PRINCIPLES • • • • • • •

Transparent fairness and goodwill. Respect for client as a responsible adult. Contingency management. Establishing internal locus of control. Predictable environment. Breaking through denial. Creating a therapeutic alliance.


3-month followup outcomes 100%

Missed Appointments 76.5%

80% Change over 3 month baseline

Dirty Urinalysis

60% 40% 20.6%

20% 0% -20% -40% -60% -80%

-70.3% -85.4%

-100%

HOPE (n=595)

Comparison (n=72)


Percentage of probationers revoked

Revocations 35% 30.6%

30% 25%

20% 15%

10%

8.8%

5% 0%

HOPE

Comparison


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