Drug Offender Sentencing Alternative

Presenters:

Al Lopez

Tony Prentice

Dawn Williams

Drug Offender Sentencing Alternative History  Year of DOSA Legislation

Legal Requirements 1995 1999 2005

Current felony conviction   

Manufacture, delivery or possession with intent to manufacture/deliver a controlled substance

Criminal attempt, solicitation, or conspiracy to commit these crimes.

All felonies, with exception of violent or sex offenses.

All felonies, with exception of violent or sex offenses.

Prior felony conviction  

No prior felony convictions. No violent or sex felonies.

No violent or sex offenses within the last 10 years. Cannot have served a DOSA Sentence within the last 10 years.

Immigration 

No requirements Not subject to deportation detainer or order.

Not subject to deportation detainer or order.

Sentence length    

Midpoint of standards range greater than 12 months.

Standard range greater than 12 months.

For “prison-based” alternative, standard range great than 12 months. For “community-based” alternative, two years on community custody, or half the midpoint of the standard sentence range, whichever is greater.

Community supervision/Revocations 

1 year community custody; court may revoke.

Remainder of sentence on community custody; DOC may revoke.

Remainder of sentence on community custody; DOC may revoke.

Supervision for community DOSA by Court

WASHINGTON’S DRUG OFFENDER SENTENCING ALTERNATIVE:AN UPDATE ON RECIDIVISM FINDINGS

Drug Offender Sentencing Alternative (DOSA)Prison and Residential

An offender is eligible for the special drug offender sentencing alternative if:(a) The offender is convicted of a felony that is not a violent offense or sex offense and the violation does not involve a sentence enhancement under RCW 9.94A.533 (3) or (4);

(b) The offender is convicted of a felony that is not a felony driving while under the influence of intoxicating liquor or any drug under RCW 46.61.502(6) or felony physical control of a vehicle while under the influence of intoxicating liquor or any drug under RCW 46.61.504(6);(c) The offender has no current or prior convictions for a sex offense at any time or violent offense within ten years before conviction of the current offense, in this state, another state, or the United States;

(d) For a violation of the Uniform Controlled Substances Act under chapter 69.50 RCW or a criminal solicitation to commit such a violation under chapter 9A.28 RCW, the offense involved only a small quantity of the particular controlled substance as determined by the judge upon consideration of such factors as the weight, purity, packaging, sale price, and street value of the controlled substance;

(e) The offender has not been found by the United States attorney general to be subject to a deportation detainer or order and does not become subject to a deportation order during the period of the sentence;

(f) The end of the standard sentence range for the current offense is greater than one year; and

(g) The offender has not received a drug offender sentencing alternative more than once in the prior ten years before the current offense.

Prison Based and Residential DOSA

(3) If the sentencing court determines that the offender is eligible for an alternative sentence under this section and that the alternative sentence is appropriate, the court shall waive imposition of a sentence within the standard sentence range and impose a sentence consisting of either a prison-based alternative under RCW 9.94A.662 or

a residential chemical dependency treatment-based alternative under RCW 9.94A.664. The residential chemical dependency treatment-based alternative is only available if the midpoint of the standard range is twenty-four months or less.

DOSA Continued

     (4) To assist the court in making its determination, the court may order the department to complete either or both a risk assessment report and a chemical dependency screening report as provided in RCW 9.94A.500.

     (5)(a) If the court is considering imposing a sentence under the residential chemical dependency treatment-based alternative, the court may order an examination of the offender by the department. The examination shall, at a minimum, address the following issues:     (i) Whether the offender suffers from drug addiction;     (ii) Whether the addiction is such that there is a probability that criminal behavior will occur in the future;     (iii) Whether effective treatment for the offender's addiction is available from a provider that has been licensed or certified by the division of alcohol and substance abuse of the department of social and health services; and     (iv) Whether the offender and the community will benefit from the use of the alternative.

     (b) The examination report must contain:

     (i) A proposed monitoring plan, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members and others; and

     (ii) Recommended crime-related prohibitions and affirmative conditions.

     

DOSA Continued

6) When a court imposes a sentence of community custody under this section:

     (a) The court may impose conditions as provided in RCW 9.94A.703 and may impose other affirmative conditions as the court considers appropriate. In addition, an offender may be required to pay thirty dollars per month while on community custody to offset the cost of monitoring for alcohol or controlled substances.

     (b) The department may impose conditions and sanctions as authorized in RCW 9.94A.704 and 9.94A.737.

     (7)(a) The court may bring any offender sentenced under this section back into court at any time on its own initiative to evaluate the offender's progress in treatment or to determine if any violations of the conditions of the sentence have occurred.

     (b) If the offender is brought back to court, the court may modify the conditions of the community custody or impose sanctions under (c) of this subsection.

     (c) The court may order the offender to serve a term of total confinement within the standard range of the offender's current offense at any time during the period of community custody if the offender violates the conditions or requirements of the sentence or if the offender is failing to make satisfactory progress in treatment.

     (d) An offender ordered to serve a term of total confinement under (c) of this subsection shall receive credit for any time previously served under this section.

     (8) In serving a term of community custody imposed upon failure to complete, or administrative termination from, the special drug offender sentencing alternative program, the offender shall receive no credit for time served in community custody prior to termination of the offender's participation in the program.

     (9) An offender sentenced under this section shall be subject to all rules relating to earned release time with respect to any period served in total confinement.

     (10) Costs of examinations and preparing treatment plans under a special drug offender sentencing alternative may be paid, at the option of the county, from funds provided to the county from the criminal justice treatment account under RCW 70.96A.350.

Department of Corrections Treatment Services

DOC Services are provided: 

 11 of the 12 Prison facilities

 13 Work Release Facilities

 21 Community Supervision sites

Contracted services are provided:

American Behavioral Health Systems (ABHS) in Chehalis and Spokane

27 contracted providers delivering services in rural areas

Pioneer Center East and North

Specialized DOSA Calendars

Spokane County

King County (Seattle)

Clark County

Snohomish County

Kitsap County

Whitman County

Skamania County

Therapeutic Communities

Services for Residential DOSA offenders are provided at ABHS for 90 to 180 days

Services for Prison-Based DOSA offenders are provided in 11 of the 12 prison facilities and include Therapeutic Communities at 3 locations and Intensive Day Treatment, Intensive Outpatient Treatment and Co-Occurring Intensive Outpatient Treatment

Services for both Prison and Residential DOSA offenders are provided in the community upon release from ABHS or Prison and consist of Intensive Outpatient, Enhanced Day, Outpatient, Co-Occurring treatment modalities

All DOC treatment services are delivered with strict adherence to the lesson plans and manuals.

Therapeutic Community Definition

“A therapeutic community is a drug-free environment in which people with addictive (and other) problems live together in an organized and structured way in order to promote change and make possible a drug-free life in the outside society. The therapeutic community forms a miniature society in which residents, and staff in the role of facilitators, fulfill distinctive roles and adhere to clear rules, all designed to promote the transitional process of the residents” ( Ottenberg 1993)

Therapeutic Community History 1946 “The hospital as a therapeutic institution” was coined by Thomas

Martin

in the Britain.

Therapeutic communities (in Britain) became increasing more popular towards the end of World War II and the concept of therapeutic community took hold and became dominate in the field of inpatient psychiatry throughout the 1960’s.

Synanon was founded in 1958 in California by Charles (Chuck) Dederich

Daytop Village and Phoenix House were early TC programs that were influenced by the Synanon model.

In the late 1960’s within the US Correctional system, the Askelpion Foundation initiated therapeutic communities in the Marion Federal Penitentiary.

House of Thought in Virginia Correctional systems was established in 1974 and was able to demonstrate a reduction of 17% recidivism for those offenders who participated in the program for more than 1 year.

Community Terminology Pg. 27-31

 

Acting as if: To assume a role or attitude even though you are not comfortable or do not want to, but acting “as if” you do. It is a basic TC concept instructing Community members and staff to behave as the persons they should be rather than the person they have been.

 Agent of Change: Participation and involvement link the Community as a method to the individual in the change process. Participation is the key contribution each Community member makes in the process. It is the Community’s continual assessment of, and responses to, the Community member’s participation and level of involvement that maintains them in this process. The agent of change is the Community.  

 

Community Terminology Pg. 27-31

Awareness: (verbal/written) Alerting others of negative self-destructive/defeating behavior. A sign of respect and responsible concern.

  Brothers/Sisters Keeper: Community members are taught by

their peers to listen respectfully to upper phase members and to accept verbal feedback and guidance from them. The credibility of upper phase members comes from their Community status as role models; they are examples of positive personal change and teach and keep others accountable.

 

Community Terminology Pg. 27-31

Confrontation: Offering a person a description of his behavior and its effects on others with a request that they explain and/or change it, without intimidation. Representing self, not defending self. Speaking in a calm, smooth, rational and respectful manner. 

Community Meeting: As used in this handbook is a general term referring to any formal meeting occurring in the Therapeutic Community.

Community as a Method: This means teaching individuals to use Community life to learn about themselves.

  Denial: Being defensive, minimizing the seriousness of a problem

 

 

Community Terminology Pg. 27-31

Feedback: Response or reaction to something another person has done or said. The term is used most often in a context indicating that the response is constructive in intent. Negative feedback is criticism (condemnation).

General Meeting: Response to behavior(s) that seriously endanger the Community, e.g., cardinal rule violations. A meeting held in response to a “crisis” in the Community.

House Meeting: Is generally conducted at the end of the work week during a PM meeting and is a time for staff and Community members to close out the week’s business and transition into the weekend.  

House Rules: Keep the Environment of the Community Safe. House expectations include: quality job performance, how Community members address each other, standing if you get sleepy in a group activity, appropriate use of phones, etc.

Community Terminology Pg. 27-31

Interaction Tools: Progressive Steps of interaction used to assist Community members in awareness and changing self-defeating, self-destructive behaviors.

 Learning Experience (LE): An assignment given to a Community member for exhibiting self-defeating, self-destructive behaviors in order to provide an opportunity to change that behavior.

Line of Communication: Within the Community, the formal communication pathway is vertical. Information is passed in a prescribed order, top down to the crew members and from crew members up to SOD. 

Manipulation: Definition (Webster): controlling someone else by unfair or indirect means, to entrap for one’s own advantage, e.g., negative contracting

Community Terminology Pg. 27-31

Major Rule: Standards and Boundaries - These are behavior expectations that govern how people will interact with each other and expectations about how they go about their daily lives in the TC. Examples include: no lying, no disrespect, and no profanity.  

Minimizing: To downplay problems and not be responsible or accountable in owning self defeating behavior.

Negative Contracting: Two or more people agree to have a secret contract not to disclose or confront one another.

 Orientation Session - Transition: (Phase One) Study time used to review model history, handbook, procedures.

Community Terminology Pg. 27-31

 

Peer Accountability: Members respectfully make each other aware of negative behavior(s), in an effort to bring about positive change in behaviors and attitudes.

Personalizing: Tendency to incorrectly think the actions or statements of others are a personal attack; thinking it is all about you 

Posturing: A negative position or attitude of the body (e.g., threatening, intimidating).

Playing it Safe: Doing just enough to get by, with no major change in thinking or behavior.

 Processing: Discussing the dynamics of what has occurred in order to discover the how and why of events, feelings and behaviors. This helps improve the effectiveness of the treatment process.

Community Terminology Pg. 27-31

Projection: Seeing offensive characteristics in others that are really present in us, e.g., finger pointing. Its purpose is to protect us from admitting our own faults. A defense mechanism in which one attributes one’s own unacceptable or unwanted thoughts or/and emotions to others.

  PROPS: Proper Respect Of People . PROPS is called when a Community member is talking

and other members are not listening, speaking out of turn, interrupting, or behaving in an inappropriate, disrespectful manner. PROPS may be called by either staff or Community members during meetings, groups, or educational lectures when members are acting improperly. Sitting in PROPS means sitting with your feet on the floor, no crossing of legs, hands on knees, back straight, shoulders back, listening attentively, with eyes on the subject. Relaxed PROPS means sitting back in your chair, feet on floor with hands in a comfortable, appropriate position being attentive to what is occurring.

 

Community Terminology Pg. 27-31 Proposal: Ideas from individual members, crews, or the Community brought to the 

staff on duty (SOD) concerning Community business, which uses a defined written format and goes through the proper line of community

Pro-Social: Following the healthy behavior expectations and norms of the dominant society. Following and living the guidelines of Therapeutic Community. 

 Push Ups: Acknowledging a Community member “doing something right,” above and beyond their normal call of duty or behavior. Not just “being a friend,” but going outside their job description to help others or the Community without being asked. Doing the right thing when you don’t think anyone knows or is looking, giving back without expecting anything in return.

Rational Authority: All professional staff, to include DOC, contract, and volunteers. Rationalization: An attempt to justify one’s behavior by thinking up “good” reasons 

for it. Excuses are forms of rationalization. It proves that my behavior is “rational,” normal, and justifiable, and therefore worthy of approval. In short, it is excuse making. This removes responsibility from me.

 

Community Terminology Pg. 27-31

Reacting: An impulsive expression of feelings, either verbal or non-verbal, in an inappropriate place and manner.

Reflection : 1) careful thought or consideration; 2) to think seriously; to ponder or consider; 3) a thought, idea, or opinion formed or a remark made as a result of meditation; 4) consideration of some subject matter, idea, or purpose, e.g. People do that sort of thing every day, without ever stopping to reflect on the consequences.

Relating Table: This form of interaction is practiced for conflict resolution, and is utilized when the disagreement is between two Community members to help learn healthy communication, social and problem solving skills.

Community Terminology Pg. 27-31

Seminar: A seminar is an informal educational lecture (may be a learning experience) conducted by a Community member which helps to broaden the members’ scope of awareness and information, and exercise the mind. The focus of the seminar is Recovery based and can be on any subject or current event, and can express different viewpoints and opinions. The speaker must be sure to thoroughly research the subject material. The content must be factual, clear, comprehensive, and must receive prior approval from staff. This experience also teaches public speaking skills to the Community members who present a “seminar.”

Sidebar: When two or more people are having any conversation, written, verbal, or no-verbal, while someone else is talking, to the point of distraction and disrespectful behavior.

Structure Board: Large organizational chart that provides a snapshot of the overall hierarchy in the Community. It summarizes job functions, levels of responsibility, and lines of communication.

Structured Movement: The term structured movement refers to the organized and coordinated movement of Community members in a single-file or “column of twos.”

Sub-grouping: A distinct group within a group.

 

 

 

Community Terminology Pg. 27-31

Social Learning: A lifestyle change occurs in a social context. Negative patterns, attitudes, and roles were not acquired in isolation, nor can they be altered in isolation. Thus, recovery depends not only upon what has been learned, but how and where learning occurs.

Spirituality: (Spirit) A person’s essential nature. The part of the human being associated with the mind and feelings. A person’s personal belief and value system.

 

DOC-------------------

---Staff on Duty

SOD

Senior ClerkLeaders in the

Community

Senior Coordinator

AssistantCoordinator

PeerMentor

Motivation Crew

EnergizersBirthdaysGraduationsPhase promotionsSupport groupsRecreationLeisure activities

Education Crew

TutorsTranslatorsLearning experiencesWord and thought for the day/weekCo-facilitatorsSeminarsEducation Accountability

Business Crew

Media communicationStructure boardNewslettersEmploymentBusiness office

Environment Crew

Dorm inspectionsCleaning inspectorsBeautificationEnvironmental issuesService crews

Expeditor Crew

Sign-in sheetsTime keepersProgram room and Community meeting set upsNorms and rules Roll callResident tracking & location

Orientation &

Re-Entry Crew

Welcome new Community membersMentorsCommunity RepsOrganizes re-entry initiativesSupport and housing opportunities for members

LEAD

LEAD

LEAD

LEAD

LEAD

LEAD

Line of Communication: Within the Community, the formal communication pathway is vertical. Information is passed in a prescribed order, top down to the crew members and from crew members up to SOD.

What is it about right living that you cannot support ?

Common beliefs, shared norms and values serve as explicit guidelines for teaching right living.

Rules, regulations and community norms protect the physical and psychological safety of the community.

Common language Structure and

accountability You are your brothers

keeper

Purpose of a TC Pg. 7

  The primary goal of the Community is to provide

members with a sense of belonging, acceptance, and new skills for living without self destructive behavior patterns.

The Community is a highly structured environment with a specific moral and ethical code of conduct.

It uses Community-imposed steps of interaction, earned advancement and privileges all of which are part of recovery personal growth.

Being part of something greater than oneself is an especially important part of recovery from a criminal life style.

Purpose of a TC Pg. 7

The Community helps its members develop attitudes, behaviors, and lifestyle changes that will enhance and maintain recovery from addiction, criminal behavior, and other destructive behaviors.

Members and professional staff work together to support the Community and the Community itself is the vehicle by which members gain personal insight and positive change.

TC Expectations Pg. 8

  Therapeutic Community is about living right. To live right means there

is a healthy standard of behavior that is expected from each Community member. Community expectations extend beyond observance of the rules of conduct. They define the member’s participation and integrity in the Community, and their involvement in the process of change and recovery.

Out of respect Community members observe each other’s participation in all the activities and roles of the Community, as well as how they use these activities and roles for self-change. Community members need to respect others and be concerned for the health of the Community.

How can change be expected if the need to change is not respectfully brought to one’s attention? When people respect each other they accept the responsibility of helping each other to grow and change in positive ways. Through the act of bringing self-destructive behaviors to another’s awareness, the need for change is identified and the choice for change can be made through:

TC Expectations Pg. 8 Performance: As members move through the TC, Community expectations

increase as demonstrated behaviors improve. Focus and personal efforts are expected to move toward a higher and consistent level of performance.

  Responsibility: As Community members move through the TC phases, the

Community expects an increase in responsibility and accountability. As members assume responsibility for their own behavior and choices, they will extend responsibility beyond self to their immediate peers, and finally to the entire Community.

  Self-examination: Is self-awareness and self-disclosure as it relates to

personal change. Focus shifts from a more self centered view to a greater world view and an increased appreciation or interdependence and strength of the Community

  Self-sufficiency: True self sufficiency and independence occur when

individuals adopt positive changes internally regardless of outside influences. Independence increases as new behaviors are practiced and are used to help self and then others.

Personal Goals For Community Living - Pg. 11

   To use the time in prison in a positive manner

  To gain an understanding of myself, mentally and emotionally

  To gain an understanding of my self-destructive, self defeating behaviors

  To prepare myself for successful re-entry into society

  To build my self-esteem by respecting others and myself

To learn how to express myself in a positive and appropriate manner

Personal Goals For Community Living Pg. 11

To learn about self-help and how it applies to me

To gain an understanding of others

To learn how to become pro-active, rather than reactive 

To learn the importance of being responsible and practice doing so

To gain a sense of positive direction in life  

Social Learning Process Pg. 18The Social Learning Process

A lifestyle change occurs in a social context (a community).

 Negative patterns, attitudes, and roles were not acquired in isolation, nor can they be altered in isolation. Thus, recovery depends not only upon what has been learned but how and where learning occurs.

 Criminal behavior is learned, it can be unlearned.

 This is the basis for the Community itself, serving as teacher. Community is the method of change.

  Learning is active: by doing and participating.

 The Community initiates change in the individual. With its focus on social participation, mutual responsibility, and relationships based on respect and the values of right living, the Community provides the opportunity for developing healthy and appropriate behavior to include:

being a role model for others,

advancing in the work structure and Community hierarchy,

progressing through the phases of the model, and

relating in new ways to Community members and staff.

The Agent of Change Pg. 27

The community itself is the agent of change Treatment counselors, DOC , mental health staff or

families are not the agent of change In a Therapeutic Community, we learn that recovery

can only come from within

COMMUNITY

TC programs also view themselves as families, or rather surrogate families that correct historical injuries from the dysfunctional families of the offenders they serve.

The TC strives to sustain the main characteristic of the “good family” including:

1. Structure, to provide order in daily living through  physical and psychological safety.

2. Individual acceptance and encouragement, conditional only upon honest participation in the struggle to change.

3. Transmission of values through a daily regimen of activities for social learning.

Elements of a Therapeutic Community The proposal and approval process (Page 60)

1. Ideas from crew members or community

2. Relating to any community business

3. Formal process and written format

4. Brought to the SOD through lines of communication

5. Approved by Rational Authority “Staff On Duty” (page 37) is the person responsible for handling the

daily business of the community including member accountability, approval of requests and issues that occur within the community.

The SOD is the contact staff for the Senior Coordinator/Designee and speaks for the community to Rational Authority. This is where the communication begins and ends for the community.

Real Colors

Colors presentation.