Getting the Right People in the Right Program Urban & Rural Approaches to Offender Screening

Problem  Oklahoma’s incarceration rate is among the highest in the nation.  Spending on corrections has increased 41% over the last decade.  Crime rates have fallen less than most other states. From jrioklahoma.com

History  January 2011: Governor Mary Fallin, Speaker of the House Kris Steele, Senate Pro Tempore Brian Bingman, and Supreme Court Justice James Edmondson requested technical assistance from the Bureau of Justice (BJA) and the Pew Center on the States (PEW) to provide a comprehensive analysis of Oklahoma’s criminal justice system.

History  In response, the Counsel of State Governments (CSG) was retained to work with several state agencies, including ODMHSAS.  May 2011: HB 2131 was signed into law which among many things, increased the eligibility for early release from prison. It also created a JRI workgroup to further assess the state’s sentencing codes.

History  Throughout the months that the Legislature was not in session, the JRI workgroup continued to work with CSG conducting an in depth review of sentencing programs and policies creating a framework of recommendations.  Within those recommendations was the need for a statewide screening program for offenders to better identify sentencing alternatives.

History  May Governor Fallin signed into Law HB3052.

HB 3052 Any person found guilty of a felony offense shall, prior to sentencing be required to submit to an approved risk, mental health, and substance abuse assessment and evaluation which shall be administered and scored by assessment personnel certified by the Department of Mental Health and Substance Abuse Services. Any person lacking sufficient skills to comprehend or otherwise participate in the risk, mental health, and substance abuse assessment and evaluation shall have appropriate assistance. The court, district attorney, arrested person, and counsel for the arrested person shall have access to the risk, mental health, and substance abuse assessment and evaluation. The risk, mental health, and substance abuse assessment and evaluation shall not be admissible as evidence in the criminal case unless specifically waived by the defendant or for purposes of determining sentencing options for a defendant who has pled guilty and punishment is to be determined by the court. The court and the district attorney shall consider the results of the risk, mental health, and substance abuse assessment and evaluation to determine sentencing options for the person.

HB2254  Trailer bill which repealed parts of HB3052  Changed the shall to may

HB2254  Any person found guilty of a felony offense may, prior to sentencing be required to submit to an approved risk, mental health, and substance abuse assessment and evaluation which shall be administered and scored by assessment personnel certified by the Department of Mental Health and Substance Abuse Services. Any person lacking sufficient skills to comprehend or otherwise participate in the risk, mental health, and substance abuse assessment and evaluation shall have appropriate assistance. The court, district attorney, arrested person, and counsel for the arrested person shall have access to the risk, mental health, and substance abuse assessment and evaluation. The risk, mental health, and substance abuse assessment and evaluation shall not be admissible as evidence in the criminal case unless specifically waived by the defendant or for purposes of determining sentencing options for a defendant who has pled guilty and punishment is to be determined by the court. The court and the district attorney shall consider the results of the risk, mental health, and substance abuse assessment and evaluation to determine sentencing options for the person.

HB2254  Effective November 1, 2012  New section of law was placed in: OK ST T. 43A 3-704

May 2013  Any person found accused of a felony offense may, prior to sentencing submit to an approved risk, mental health, and substance abuse assessment and evaluation which shall be administered and scored by assessment personnel certified by the Department of Mental Health and Substance Abuse Services. Any person lacking sufficient skills to comprehend or otherwise participate in the risk, mental health, and substance abuse assessment and evaluation shall have appropriate assistance. The court, district attorney, arrested person, and counsel for the arrested person shall have access to the risk, mental health, and substance abuse assessment and evaluation. The risk, mental health, and substance abuse assessment and evaluation shall not be admissible as evidence in the criminal case unless specifically waived by the defendant or for purposes of determining sentencing options for a defendant who has pled guilty and punishment is to be determined by the court. The court and the district attorney shall consider the results of the risk, mental health, and substance abuse assessment and evaluation to determine sentencing options for the person.

Screening Goal Determine:  Likelihood to Reoffend (risk screening)  Substance Dependence vs. Substance Abuse  Potential Mental Health Concerns

Risk and Treatment Need  Why is it important to know?  Two parts: Level of Treatment Offender’s risk to reoffend Research shows that matching levels of supervision and treatment with risk and needs levels results in significantly better outcomes. (Risk-Need Responsively Model) Offender recidivism can be reduced if the level of treatment and supervision services provided to the offender is proportional to the offender’s risk to reoffend.

Information Needed  Risk Screening  Substance Abuse Screening  Mental Health Screening

Risk Assessment  Ohio Risk Assessment System- Community Supervision Tool (ORAS- CST)  Training was provided by the University of Cincinnati

Mental Health Screening Mental Health Screen Form lll Initially designed by the Project Return Foundation, Inc. Recommended by SAMHSHA for use in criminal justice populations. Screens for both mild and serious mental health issues.

Substance Abuse Screening Texas Christian University Drug Screen ll (TCUDS-ll)  Validated for use in correctional settings to determine eligibility for substance abuse treatment services.  Recommended by SAMHSA.

Administration  Total time for the administration of these tools is approximately 45 minutes.  User friendly  Computer based

Training Required Certification is required to be able to provide offender screenings Trainings are available free of charge through ODMHSAS

History of Offender Screenings Programs Pontotoc & Tulsa Counties Pontotoc  Awarded grant to AACDC October 2012  3 staff attended OS training in October 2012 and received certification  November 2012 began planning and implementation of screenings Tulsa  Awarded grant to F & CS December 2012  3 staff attended OS training in February 2013 and received certification  March began planning in conjunction with various organizations: Court Services, PDs office, DA’s office, Judges, Com. Sentencing  April began pilot program

Pilot Program Pros Ada  Established tx center in the community  Jail Diversion programs viable in community  Small town connections Tulsa  Jail Diversion program in place for 10+ years  2 staff were officed within the county jail  Already had access to offenders and computers/internet

Pilot Program Challenges Ada  Educating judges and attorneys about the program  Learning about the recommendation options  Communications between individuals/offices involved  Finding time to do the screening on top of maintaining caseloads  Gaining access to offenders  Unavailability of internet access in the county jail Tulsa  Educating judges and attorneys about the program  Communications/feedback between individuals/offices involved  Finding ideal time to screen  Obtaining accurate info about offenders criminal history  Finding location to screen offenders out of custody

Alternatives to Incarceration Programs Already in Place Ada  Probation  S/A Education  Outpatient S/A treatment  IOP treatment  Residential Inpatient TX  DA Supervision  Mental Health Court  Drug Court Tulsa  DOC Supervision  DA Supervision  DOC Female Offenders Program  Community Sentencing  Drug/DUI Court  Mental Health Court  Veterans’ Court  Women in Recovery

Progress Ada  Gained access to the offenders through the Sheriff’s office/staff  Meetings were set up with judges, district attorney, and attorneys and OIDS  Continue to hand write and enter OS and enter online once back in the office  Able to gather criminal history data through OCDR/OSCN  Able to dedicate one full time staff member to the OS process Tulsa  Learning about the referral options/ programs  Meetings were set up with Drug Court, Mental Health Court, Community Sentencing, etc.  Services, resources, target population  Educating attorneys and judges about the program  Gathering accurate information through the OSCN/ODCR/JOLTS systems

One County’s Outcomes 87% Decrease in Jail Days Length of Time Offenders Spent in Jail Information provided by ODMHSAS

One County’s Outcomes 87% Decrease in Jail Days Cost of Incarcerating Offenders Information provided by ODMHSAS

Another County’s Outcomes 87% Decrease in Jail Days Length of Time from Arrest to Drug Court Admission Information provided by ODMHSAS

4 ORAS-CST TRAINERS CERTIFIED BY THE UNIVERSITY OF CINCINNATI SCREENINGS AVAILABLE IN 18 COUNTIES OVER 3,000 OFFENDERS SCREENED TO DATE OVER 60 CERTIFIED SCREENERS OVER 1,900 FINAL DISPOSITIONS Recorded OVER 80% of OFFENDERS HAVE BEEN DIVERTED FROM PRISON

Contact Us: Michael Lewis Vicki Orsburn