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A Report to the
JOINT LEGISLATIVE BUDGET COMMITTEE
AND STATE AUDITOR
Pursuant to Senate Bill 1453 Enacted January 1, 2007 as
Section 2933.4 of the California Penal Code
SENATE BILL 1453 FIRST ANNUAL REPORT ON THE
IMPLEMENTATION AND EFFECTIVENESS OF
MANDATORY RESIDENTIAL SUBSTANCE ABUSE
AFTERCARE TREATMENT FOR THE CALIFORNIA
OFFENDER POPULATION
Submitted by:
California Department of Corrections and Rehabilitation
January 2009
TABLE OF CONTENTS
PREFACE.............................................................................................................3
INTRODUCTION ..................................................................................................4
SB 1453 ELIGIBILITY CRITERIA .........................................................................4
IMPLEMENTATION ..............................................................................................5
Accomplishments.......................................................................................... 5
RECOMMENDATIONS AND FUTURE PLANS .................................................... 8
2
PREFACE
Chapter 875, Statues of 2006 (Senate Bill [SB] 1453, Speier), Mandatory
Residential Aftercare, was signed by Governor Arnold Schwarzenegger on
September 30, 2006. This bill was designed to focus on reducing recidivism
rates by imposing a mandatory special condition of parole on certain offenders.
Immediately upon release from prison, eligible parolees are placed in a California
Department of Corrections and Rehabilitation (CDCR) sanctioned residential
aftercare program for 150 days. Upon successful completion of the 150 days of
residential aftercare, these parolees are then discharged from parole supervision.
Eligible inmates are those who have not been convicted of a violent or serious
felony, or a crime that requires him or her to register as a sex offender. At the
time of parole, an inmate must have successfully completed a minimum of 90
days at an in-prison substance abuse treatment program (IPSAP) or other drug
treatment program sanctioned by CDCR. Completion of a Division of Addiction
and Recovery Services (DARS) IPSAP or other in-prison drug treatment program
is determined by the Successful Completion Assessment Team (SCAT), which
consists of a DARS correctional counselor III, a DARS parole agent II, a
contractor provider program director, a contractor provider transitional counselor
or contractor provider primary counselor, and other staff who interact with the
offender receiving in-prison substance abuse treatment services.
SB 1453 further requires CDCR to report on the impact of these requirements
annually for five years, by December 31 of each year, beginning in
December 2008. This is the first report meeting the annual reporting
requirements to the Joint Legislative Budget Committee and the State Auditor as
required in Penal Code (PC) Section 2933.4.
The report focuses on the initial implementation and effectiveness of SB 1453
enacted on January 1, 2007, to address the needs of substance-using offenders
throughout the California prison system. Therefore, given lead time required in
preparation of this report and the need to validate the data, June 2008 was the
cut off date for data collection purposes. Therefore, the reporting period for this
analysis is from the March 1, 2007 and through June 30, 2008.
Research indicates that parolees who complete an IPSAP and voluntarily remain
in community-based substance abuse treatment programs for at least 90 days
are significantly less likely to return to prison than parolees who do not complete
at least 90 days of community-based residential substance abuse treatment.
The SB 1453 program is intended to provide mandatory community-based
residential substance abuse treatment to eligible parolees to determine whether
mandatory aftercare treatment can increase the percent of eligible parolees who
enter and complete aftercare and ultimately reduce recidivism rates among the
parolee population.
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INTRODUCTION
SB 1453 provides 150 days of mandatory community-based residential
substance abuse treatment services for parolees who have successfully
completed a minimum of 90 days in an IPSAP. An incentive for SB 1453
program participants is that parolees are discharged from parole supervision
upon successful completion of the aftercare program as determined by CDCR
and the substance abuse treatment provider.
SB 1453 ELIGIBILITY CRITERIA
To participate in the SB 1453 program, an offender must:
a. Be classified as nonviolent and nonserious.
b. Not have been sentenced for a crime that requires him/her to register as a
sex offender pursuant to PC Section 290.
c. Meet the current criteria for entry into an IPSAP and/or other programs
sanctioned by DARS that provide substance abuse services to inmates.
d. Must meet the minimum time constraints of at least 90 days of successful
participation in an IPSAP and/or other program sanctioned by DARS that
provides substance abuse treatment services to inmates.
An offender is excluded from the program if he/she:
a. Has served an indeterminate sentence or a sentence for a violent felony
as defined in PC Section 667.5(c), a serious felony as defined in
PC Sections 1192.7(c) and 1192.8, or a crime that requires him or her to
register as a sex offender pursuant to PC Section 290. This includes
juvenile conviction/sustained petitions.
b. Is returned to custody for a Good Cause Finding by the Board of Parole
Hearings (BPH) for a violent or serious violation as defined in PC Sections
667.5(c) and 1192.7, and the State of California Code of Regulations,
Title 15. Crime Prevention and Corrections – Division Three –
Sections 2616 (a) and 2645.
c. Is currently a parole violator/returned-to-custody.
d. Was convicted on or after January 1, 1997, with a controlling or
noncontrolling case for Corporal Injury (PC Section 273.5), Violation of a
Protective Order (PC Section 273.6), or Stalking (PC Section 646.9), who
is required to complete a 52-week batterer’s program as outlined in
PC Section 3053.2. Inmates convicted of battery as defined in
PC Section 243(e)(1) where probation was granted or the execution or
imposition of the sentence is suspended shall also be ineligible based on
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the requirement to complete a 52-week batterer’s program. Proof of
completion of a 52-week batterer’s program in the community may
determine eligibility.
e. Is currently serving or has previously served a Civil Addict commitment.
IMPLEMENTATION
The Department began implementing the SB 1453 program statewide in
March 2007. The first parolee participant successfully completed 150 days of
aftercare treatment and was discharged from parole in August 2007. Statewide
program implementation involved many DARS headquarters and field staff as
well as coordination with BPH to place eligible inmates in the SB 1453 program.
While there were challenges with rapidly implementing this program, the
Department reached critical program milestones within the first 16 months of
operation. The key accomplishments and challenges encountered are described
below.
Accomplishments:
Screening for Eligible Program Participants
DARS staff have screened 9,013 inmates at the IPSAPs for SB 1453
eligibility. This screening process resulted in the initial admission of
participants to begin the program.
Established an Ongoing Offender In-Prison Identification Process
An ongoing offender in-prison identification process has been established.
Successful completion of an IPSAP is determined by the SCAT. The offender
is also present at SCAT meetings.
Prior to placement in SB 1453 treatment, the inmate is served a notice of
hearing rights in which he or she may request a placement hearing with BPH
or waive the right to the hearing.
Treatment Begins
DARS began admitting offenders into the SB 1453 aftercare program in
March 2007. From program inception (January 1, 2007) through
June 30, 2008, 2,425 offenders were admitted to SB 1453 in-prison
treatment.
Community-based substance abuse treatment efforts have been
accomplished via the Substance Abuse Services Coordination
Agency (SASCA). Presently, there are four SASCA providers statewide, one
in each parole region. Each SASCA administers the substance abuse
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treatment services in their contract region. This process requires that each
SASCA locate and contract with appropriately licensed community-based
substance abuse treatment providers in their region to deliver the CDCR
substance abuse treatment programs. Once eligibility for SB 1453 placement
has been determined, the IPSAP transitional counselor works with the
regional SASCA and the DARS parole agent II to place the offender in
SB 1453 treatment.
Successful completion of the community-based residential substance abuse
treatment program is determined by the Aftercare Successful Completion
Assessment Team (ASCAT) which consists of a SASCA designee, a Female
Offender Treatment and Employment Program (FOTEP) designee (if the
offender is in a FOTEP facility), a community-based provider designee, a
DARS parole agent II, and an agent of record.
Training Conducted
Parole agent IIs and IIIs on special assignment provided SB 1453 program
training to DARS and the Division of Adult Parole Operations parole agents,
BPH staff, and community-based providers by June 30, 2008.
Labor Negotiations Completed
Labor negotiations were concluded by April 2008, signaling immediate full
implementation of the program.
Program Policies and Procedures Developed and Implemented
Following conclusion of labor negotiations, the final SB 1453 policy and
procedures were signed and disseminated to DARS field staff on
June 16, 2008. The policy memorandum outlines the purpose and
background of the program, eligibility criteria, the program overview, in-prison
substance abuse screening and placement procedures, the placement
hearing rights process, and parole agent responsibilities.
Database Established
DARS launched a data collection system on May 9, 2007, to gather
information on the SB 1453 program. DARS hired a research analyst II in
September 2007 to measure the program’s effectiveness. The
DARS research analyst II will be working with the contracted evaluator to
assess the program’s effectiveness and to ensure completion of future annual
reports. The next annual report is due January 1, 2010.
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Evaluation of Program Effectiveness Implemented
The Department entered into an interagency agreement on June 6, 2008 with
the California State University, Long Beach (CSULB), Department of Criminal
Justice, to conduct an evaluation on the effectiveness of the SB 1453
mandatory residential aftercare program. The CSULB evaluation will be
reported to the Legislature annually, beginning January 1, 2010.
INITIAL 18 MONTHS OF PROGRAM DATA
This first report is primarily based on data from the DARS SB 1453 tracking
system. Future reports will include data collection by the contracted evaluators
and also will include data for a year or more of full program operation.
DARS maintains an Access database, the DARS SB 1453 tracking system, in
which information is collected on participants as reported by staff who oversee
the treatment of SB 1453 participants. This database houses information on
offenders identified by SCAT teams and parole agent IIs as meeting the SB 1453
eligibility criteria, admission documents, hearing information, treatment facilities,
reasons for failure, and completion information.
The first offender was admitted to SB 1453 treatment in March 2007. During the
reporting period from January 1, 2007 to June 30, 2008, the following information
was collected on the SB 1453 program:
1. 2,466 offenders who successfully completed and paroled from IPSAPs
were identified as eligible by SCATs to attend the SB 1453 program. Of
that number, 41 (1.7 percent) offenders failed to show up to SB 1453
aftercare treatment upon parole and 2,425 (98.3 percent) offenders were
admitted to SB 1453 aftercare treatment upon parole.
2. Of the 2,425 offenders who were admitted to community-based substance
abuse treatment, 1,270 (52.4 percent) offenders successfully completed
150 days in the program, 449 (18.5 percent) offenders failed to complete
150 days in the program and subsequently failed the program,
12 (0.5 percent) offenders stayed 150 days in treatment, but failed to
satisfy program requirements as outlined in the program design, and
694 (28.6 percent) offenders were still receiving treatment as of
June 30, 2008.
The following tables display the results for SB 1453 program treatment during the
reporting period March 1, 2007 through June 30, 2008.
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Table 1 - Inmates Continuing to SB 1453 Program
Parolees who Failed to Report
Inmates Paroling from IPSAP Parolees who Entered an
to an SB 1453 Program Upon
to SB 1453 Program SB 1453 Program
Release
2,425 41
2,466
(98.3%) (1.7%)
Table 2- Parolees who Successfully Completed/Did Not Complete/or are
Still Active in SB 1453 Programs
Parolees who
Parolees who
Parolees who Successfully Parolees
Failed the
Entered an Completed the Unsuccessful Parolees Active
SB 1453
SB 1453 SB 1453 After Completing in SB 1453
Program
Program Program 150 days.*
1,270 449 12 694
2,425
(52.4%) (18.5%) (0.5%) (28.6%)
* Participants who stayed 150 days in treatment, but failed to meet all treatment
requirements as determined by the ASCAT.
CONCLUSIONS
Although the SB 1453 treatment program is still in its early stages, and sufficient
longitudinal data is not yet available to accurately assess the effectiveness of the
program in reducing recidivism rates, the following results look promising in
reducing recidivism. As of June 30, 2008, only 68 (5.4 percent) offenders, of the
1,270 offenders who had successfully completed the SB 1453 treatment program
since its inception on March 1, 2007, had returned to custody.
RECOMMENDATIONS AND FUTURE PLANS
This report provides an initial review on SB 1453 program implementation and
some limited data from program operation. The initial data indicates that the
program is heading in a direction consistent with the DARS mission and goals of
providing effective substance abuse treatment to offenders based upon their
specific needs. However, additional longitudinal data is required to monitor the
long-term impacts of this program in reducing recidivism.
Additional insight into SB 1453 operations will be provided by the CSULB
evaluation. The CSULB evaluation work plan includes a description on how the
team plans to design both a contemporary comparison group comprised of
individuals who are eligible for the program but do not participate, and a historical
control group gathered from secondary sources who were imprisoned and
paroled prior to the start of the SB 1453 program.
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