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Tasmania's Court Mandated Drug Diversion Program

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Tasmania's Court Mandated Drug Diversion Program TTaassmmaanniiaa’’ss CCoouurrtt MMaannddaatteedd DDrruugg DDiivveerrssiioonn PPrrooggrraamm EEvvaalluuaattiioonn RReeppoorrtt November 2008 Executive Summary Success Works was commissioned by the Tasmanian Department of Justice to evaluate the pilot Court Mandated Drug Diversion Program (CMD). CMD commenced in July/August 2007 and the pilot period expired at the end of June 2008. CMD is unique amongst court diversion programs in Australia in that it is: • Positioned after a finding of guilt • Focussed on addressing ‘criminogenic needs’ and targeted towards offenders who are at a high risk of reoffending • Available to family violence related offenders as well as non-violent offenders. • An option for all Magistrates in all Tasmanian Magistrates Courts In its first year of operation 250 offenders were referred for screening for suitability for CMD (almost 30% higher than the funded target of 196) and 157 offenders’ commenced CMD orders. Over half were placed on Category One ‘Bail Diversion’ orders (53%) with the next most common order type being Category Three ‘Drug Treatment Order’ (21%) followed by Category Two ‘Probation Order or Suspended Sentence with CMD component’ (11%). Remaining orders were a cocktail of DTO, Bail and Probation orders combined. CMD adopted a service structure that reflects international best practice. In its first year, contracted service providers for CMD were: • Anglicare Tasmania, for the provision of assessment, development of individual management plans and individual and group counselling services Success Works November 2008 1 • Salvation Army for the provision of detoxification, pharmacotherapy, residential rehabilitation and drug testing services (of which only residential rehabilitation and drug testing were able to be provided) • Community Corrections for the provision of case management for adult offenders undertaking CMD • Youth Justice for the provision of case management for young offenders undertaking CMD • Turning Point Alcohol and Drug Services for the provision of accredited and non accredited training programs • Success Works for this evaluation. At the end of the first year, one service provider (Community Corrections) opted out of the program altogether and another (Salvation Army) reduced its involvement to residential rehabilitation services only. A new service model has now being introduced in which Anglicare Tasmania is responsible for both case management and drug testing (as well as retaining responsibility for individual and group counselling) and assessment and the development of individual management plans is undertaken by Court Diversion Officers attached to the Department of Justice. The Department of Justice pursued four strategies in the implementation of CMD: 1. Service delivery 2. Capacity building 3. Quality improvement 4. Service integration Implementation of CMD has been in the context of a recognised incapacity of the existing alcohol and drug service system in Tasmania to meet the client needs. Success Works November 2008 2 In relation to service delivery, the major findings from the first year of operation were: • Higher than expected take up of CMD by the courts • Significant proportions of offenders assessed as high or very high risk • High levels of polydrug abuse and low levels of prior drug treatment • Significant levels of additional need for services outside CMD • Higher than expected referrals to individual counselling as part of CMD • Lower than expected participation in group counselling and residential rehabilitation • Inability to establish ambulatory detoxification or pharmacotherapy programs within CMD • Higher than expected take-up of urinealysis In relation to capacity building, CMD has made a significant contribution to the improvement of Tasmania’s drug treatment capacity through the provision of access to a range of accredited and non accredited training. In relation to quality improvement, national standards have been largely achieved for urine testing and the assessment tools for the program reflect world’s best practice. In relation to service integration there is evidence that most of the building blocks for effective service integration are now in place CMD has been largely successful in achieving the following short term outcomes: • Relapse prevented or delayed • Offenders address criminogenic drug treatment needs • Services work together effectively • Services achieve best practice • Courts have more options to respond appropriately to drug using offenders Success Works November 2008 3 While reduced level of offending is a long term aim that is influenced by a range of other factors, the data for reappearances at court indicates that 43% of all CMD offenders had reappeared in court for a further matter (39% of offenders on bail). It is unknown whether the further offending took place before or after the commencement of CMD. This level of reoffending is similar to those of similar programs in other jurisdictions. CMD remains a work in progress. A changed service model was introduced at the end of the first twelve months which should deliver improved services. There is evidence that the new service model will be more effective in terms of local service integration and more responsive to the courts as the separation between screening and assessment is removed. Given the change in service model no recommendations are made in relation to service delivery. Recommendations are as follows. • That a further evaluation of the outcomes of CMD be conducted in the next two to three years • That the CMD database be maintained and monitored for accuracy on a regular basis • That CMD work together with the Alcohol and Drug Service Sector and DHHS to expand the range of treatment options for offenders • That brokerage funding or other arrangements be provided to allow case managers to facilitate access to non-CMD services for high risk offenders • That CMD provide regular feedback on the achievements and directions of the program to Magistrates, police and defence counsel as a means of ensuring their continued support for the program Much has been achieved in a short period of time in implementing CMD and the Project Implementation Group in the Department of Justice and the various service providers should be acknowledged and congratulated for their efforts. Success Works November 2008 4 Contents Executive Summary .......................................................................................................... 1 Contents............................................................................................................................ 5 1. Introduction ............................................................................................................. 7 2. The Court Mandated Drug Diversion Program ....................................................... 9 Overview ................................................................................................................. 9 CMD Program Model ............................................................................................ 10 CMD Program Approach ...................................................................................... 12 New Service Model............................................................................................... 13 3. Evaluation ............................................................................................................. 14 Project Logic ......................................................................................................... 14 Data Collection Tools and Processes................................................................... 16 4. Literature Review.................................................................................................. 18 Tasmania’s drug use and drug crime profile ........................................................ 18 Key Conceptual Issues ......................................................................................... 19 Other Australian Court Based Diversion Programs .............................................. 25 Evaluations of court based diversion programs.................................................... 33 Evidence of Success............................................................................................. 40 5. Implementation of CMD ........................................................................................ 43 Pre-implementation history ................................................................................... 43 Implementation Process ....................................................................................... 45 Service Delivery.................................................................................................... 53 Capacity Building .................................................................................................. 87 Quality Improvement............................................................................................. 91 Service Integration................................................................................................ 94 Success Works November 2008 5 6. Outcomes............................................................................................................ 101 Relapse Prevented or Delayed........................................................................... 102 Offenders address criminogenic drug treatment needs...................................... 104 Services work together effectively .....................................................................
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