Washington State

Institute for
Public Policy
110 Fifth Avenue Southeast, Suite 214 • PO Box 40999 • Olympia, WA 98504-0999 • (360) 586-2677 • www.wsipp.wa.gov

December 2006
WASHINGTON’S DRUG OFFENDER SENTENCING ALTERNATIVE:
AN UPDATE ON RECIDIVISM FINDINGS

In recent years, the Washington legislature has

amended the state’s sentencing laws for drug- Summary
involved felony offenders. One of these changes The Washington State Institute for Public Policy
occurred in 1995 with the passage of the Drug (Institute) was directed by the Legislature to
Offender Sentencing Alternative (DOSA). evaluate the impacts of DOSA. DOSA was
originally enacted in 1995 as a sentencing
DOSA allows certain offenders to receive reduced alternative. When ordered by a court, a felony
prison terms in exchange for completing chemical offender’s sentence time is reduced in exchange
for completing chemical dependency treatment.
dependency treatment while incarcerated. Since
1995, DOSA laws have been modified twice Prior to 2005 legislation, DOSA was restricted to a
(1999 and 2005), each time broadening the “prison-based” treatment alternative. The 2005
eligibility criteria. The 2005 changes also created changes created a “community-based” DOSA for
a “community-based” DOSA for offenders with offenders with non-prison sentences. Because
non-prison sentences; these offenders receive only 30 offenders have received this community
residential drug treatment in the community. alternative to date, further implementation is
necessary before an evaluation of the community-
The Washington State Institute for Public Policy based DOSA can be completed.
(Institute) was directed by the Legislature to
This report updates our 2005 study of the original
evaluate the impacts of DOSA.1 Our initial
“prison-based” DOSA, extending the follow-up
evaluation, published in 2005, examined DOSA from 24 to 36-months. In our earlier report, we
prior to the 2005 law change.2 Subsequently, the found that recidivism rates were lower for drug
Institute was directed to study recidivism rates of offenders receiving DOSA, but not for property
DOSA offenders, including the new community- offenders. With a 36-month follow-up, our findings
based alternative.3 did not change. That is, prison-based DOSA
significantly lowers recidivism rates for drug
This report extends the recidivism follow-up offenders, but has no statistically significant
period from our 2005 evaluation for the prison- effect on recidivism rates of property
based DOSA. The evaluation of the community- offenders.
based alternative, however, cannot be undertaken
until 2009 because of delayed implementation of
the law. This report discusses the research
timeline for the community-based DOSA. What is DOSA?

DOSA is a sentencing alternative for felony

offenders where an offender’s sentence time is
reduced in exchange for completing chemical
dependency treatment. The legislative intent of
DOSA is to increase the use of effective treatment
for substance abusing offenders, thereby reducing
recidivism.4

1
ESSB 1006, Section 12, Chapter 197, Laws of 1999.
2
S. Aos, P. Phipps, R. Barnoski. (2005). Washington’s drug offender
sentencing alternative: An evaluation of benefits and costs, Olympia:
Washington State Institute for Public Policy, Document No. 05-01-1901.
3 4
ESSB 6239, Section 305, Chapter 339, Laws of 2006. RCW 9.94A.660
 The 2005 DOSA statute gives the courts discretion Recent 2005 legislation, however, made a
to sentence felony drug and property offenders to “residential chemical dependency treatment-based”
this sentencing option, with certain exceptions: alternative available in addition to the prison-based
alternative.5 To receive the community-based
9 An offender cannot have a violent or sex
option, offenders must serve two years on
offense conviction in the last 10 years, or a
community custody, or half the midpoint of the
9 Deportation order, or a standard sentence range, whichever is greater.
9 Prior DOSA sentence in the last decade.
If an offender does not complete drug treatment or
DOSA sentences are offered as a “prison-based” is administratively terminated from DOSA, the
alternative. That is, the standard sentence length is legislation requires that he or she return to prison to
split between prison confinement and a term of serve the remainder of the community custody term.
community custody. The prison-based alternative
has been available as a sentencing option since Exhibit 1 displays how DOSA has changed over
1995. time. The 1999 and 2005 revisions generally
expanded the eligibility criteria to allow more drug
offenders to be placed on DOSA.

Exhibit 1
Comparison of 1995, 1999, and 2005 DOSA Legislation
Year of DOSA Legislation
Legal Requirements 1995 1999 2005
• Manufacture, delivery or • All felonies, with exception of • All felonies, with exception of
possession with intent to violent or sex offenses. violent or sex offenses.
manufacture/deliver a
Current felony
controlled substance
conviction
• Criminal attempt,
solicitation, or conspiracy to
commit these crimes.
• No prior felony convictions. • No violent or sex felonies. • No violent or sex offenses
within the last 10 years.
Prior felony conviction Cannot have served a DOSA
sentence within the last 10
years.
• No requirements. • Not subject to deportation • Not subject to deportation
Immigration
detainer or order. detainer or order.
• Midpoint of standards range • Standard range greater than 12 • For "prison-based"
greater than 12 months. months. alternative, standard range
greater than 12 months. For
"community-based"
Sentence length alternative, two years on
community custody, or half
the midpoint of the standard
sentence range, whichever is
greater.
• 1 year community custody; • Remainder of sentence on • Remainder of sentence on
Community
court may revoke. community custody; DOC may community custody; DOC
supervision/Revocations
revoke. may revoke.

5
ESSB 2015, Chapter 460, Laws of 2005.
2
Community-Based DOSA Evaluation Evaluation Design

Since the 2005 legislation became effective, there Our 2005 study reported 24-month recidivism
has been a shortage of inpatient treatment beds rates. In this study, we extend the follow-up
available to DOSA offenders in the community.6 period to 36 months. In addition, we have
As of November 2006, only 30 offenders have expanded our DOSA sample to include a more
been sentenced under the community-based recent cohort of DOSA offenders and report a 24-
DOSA since the enactment of the law in October month follow-up period. The results of the
2005. expanded samples are displayed in the Technical
Appendix B.
Due to the shortage of treatment beds, the
Department of Corrections (DOC) has worked We established a comparison group of offenders
with the Division of Alcohol and Substance Abuse by matching DOSA participants with similar
to locate available treatment beds for DOSA offenders sentenced prior to DOSA’s July 1999
offenders.7 Two treatment providers have been implementation date. That is, the comparison
identified, one for the west side and the second group for this evaluation consists of offenders who
for the east side of the state. Pioneer Human would have been eligible for DOSA, had it existed
Services, in King County, will accept DOSA when they were sentenced to prison between July
referrals in December 2006. Because a 1, 1997, and June 30, 1999. We then performed
residential facility was not available to place multivariate statistical analyses to control for any
DOSA offenders on the east side, construction of observed differences in the two groups.9
a facility will begin in January 2007. American
Behavioral Health Systems, in Spokane, will run Does DOSA Lower Recidivism Rates?
an inpatient program for DOSA offenders. The
treatment center is expected to be operational by Recidivism is defined as any offense committed
March 2007.8 after release to the community that results in a
10
Washington State conviction. This definition
Our evaluation of the community-based DOSA is includes convictions in juvenile and adult court.
not possible at this time because the law has not We report three dichotomous reconviction rates:
yet been fully implemented. As previously felony, drug felony, and non-drug felony
mentioned, treatment beds will be made available recidivism.11 The follow-up “at-risk” period for
in the beginning of 2007. If implementation each offender is 36 months. In calculating rates,
occurs as planned and a sufficient number of we allow an additional 12-month period for an
offenders are sentenced to the alternative, an offense to be adjudicated by the courts.
evaluation is possible in January 2009. This date Because both property and drug offenders are
allows 12 months for implementation, a 12-month eligible for DOSA, we analyzed the effects for
adjudication period, and 12 months of recidivism these two groups of offenders separately.
follow-up.

9
For more information on how the study groups were matched and
limitations of the study, see S. Aos, et al. (2005). Washington’s drug
offender sentencing alternative.
10
R. Barnoski. (1997), Standards for improving research effectiveness
6
Personal communication with Doreen Geiger of the Department of in adult and juvenile justice. Olympia: Washington State Institute for
Corrections, November 2006; and Terrie Orphey of the Division of Public Policy, Document No. 97-12-1201, pg. 2.
11
Alcohol and Substance Abuse, December 2006. We did not report violent felony recidivism in this study because there
7
DASA is a division under Washington State’s Department of Social were so few offenders reconvicted for a violent offense. Non-drug
and Health Services. felony recidivism includes reconvictions of either a property or a violent
8
Department of Corrections. (November 2006). DOSA News 1(2). felony, but not a drug offense.
3
Drug Offenders: Recidivism Rates. Without Exhibit 3
DOSA, we estimate that 40.5 percent of DOSA- DOSA Property Offenders vs. Comparison Group:
eligible drug offenders will be reconvicted for a Odds Ratio-Adjusted 36-Month Recidivism Rates
new felony within three years of release from 70%
Comparison (N=59)
prison. For those drug offenders who receive a 60% DOSA (N=59)
DOSA sentence, we find that the felony recidivism 60.4%
rate is 30.3 percent, a statistically significant 50% 54.2%
difference.12 Exhibit 2 displays these results. 40%
48.0%
44.1%
The results of the logistic regression analyses for
each type of recidivism are located in Technical 30%

Appendix A. 20%

Exhibit 2 10%
DOSA Drug Offenders vs. Comparison Group: 10.3% 10.2%
0%
Odds Ratio-Adjusted 36-Month Recidivism Rates
Felony Drug Felony Non-Drug Felony
50%
Type of Recidivism

Comparison (N=264)
40%
40.5% DOSA (N=264) In our 2005 study, we found that recidivism rates,
30%
after a 24-month follow-up period, were lower for
30.3% drug offenders receiving DOSA. Recidivism
25.3% rates, however, were not lower for drug-involved
20%
property offenders. In this report we extended the
17.0% 15.4% follow-up period to 36 months and found the same
10% 13.3% outcomes for DOSA drug and property offenders.
That is, DOSA significantly lowers recidivism
0% rates for drug offenders, but has no
Felony* Drug Felony* Non-Drug Felony statistically significant effect on the recidivism
Type of Recidivism rates of property offenders.
* Statistically significant at p<=.05.
Benefit-Cost Analysis
Property Offenders: Recidivism Rates. Without
DOSA, we estimate that 60.4 percent of DOSA- Our 2005 DOSA evaluation reported benefit-cost
eligible drug offenders will be re-convicted for a findings. About $7 to $10 in benefits per dollar of
new felony within three years of release from cost were generated for drug offenders given a
prison. For those drug offenders who receive a DOSA sentence. For drug-involved property
DOSA sentence, we find that the felony recidivism offenders given a DOSA sentence, about one
rate is 54.2 percent. This is not a statistically dollar of benefits was generated per dollar of cost.
significant difference. Exhibit 3 displays the
recidivism rates for property drug offenders. The In the current study, we do not report updated
results of the logistic regression analyses for each benefit-cost findings. However, we will update
type of recidivism are located in Technical these findings when we complete the community-
Appendix A. based DOSA evaluation.

12
The recidivism rate for the comparison group has been adjusted using
the odds ratio from the logistic regression.
4
 Technical Appendix A: Logistic Regression Exhibit A2 shows the regression results for property
Results for the 36-Month Recidivism offenders on felony, drug felony, and non-drug felony
recidivism finding.
Exhibit A1 shows the regression results for drug
offenders on felony, drug felony, and non-drug felony Exhibit A2
recidivism finding. Property Offender Recidivism:
Exhibit A1 Logistic Regression Results
Drug Offender Recidivism: Logistic Regression Results Felony Recidivism
Felony Recidivism Variable Co-efficient Odds Ratio Probability

Variable Co-efficient Odds Ratio Probability Included Observations: 118

Intercept 3.756 0.076
Included Observations: 528 DosaFlag -0.251 0.778 0.567
Intercept 0.075 0.936 age -0.061 0.941 0.122
DosaFlag -0.449 0.638 0.026 White -0.675 0.509 0.475
Sassi 0.944 2.571 0.015 SRASeverityLevel -0.764 0.466 0.091
Male 0.390 1.477 0.120 SRAOffenderScore -0.214 0.808 0.145
Age -0.057 0.945 0.149 CurrentClassB 0.979 2.662 0.273
AgeDecade 0.012 1.012 0.797 PriorJuvenileJra -0.723 0.485 0.187
Black 0.541 1.717 0.013 PriorMisdem 2.157 8.645 0.017
CommitmentCount 0.197 1.217 0.167 PriorMisdPerson -0.541 0.582 0.045
SRASeverityLevel -0.112 0.894 0.179 PriorSentViol 0.268 1.307 0.191
CurrentClassB -0.627 0.534 0.063
PriorJuvenileFelony -0.569 0.566 0.113 Drug Felony Recidivism
PriorFelPerson -0.550 0.577 0.201
Variable Co-efficient Odds Ratio Probability
PriorFelProperty -0.547 0.579 0.037
PriorMisdProperty 0.444 1.559 0.001 Included Observations: 118
PriorSentViol 0.176 1.192 0.352 Intercept -12.924 0.957
DosaFlag -0.010 0.990 0.987
Drug Felony Recidivism age 0.014 1.014 0.806
White -0.434 0.648 0.736
Variable Co-efficient Odds Ratio Probability
SRASeverityLevel 1.085 2.961 0.287
Included Observations: 528 SRAOffenderScore -0.444 0.641 0.057
Intercept -2.148 0.041 CurrentClassB -4.112 0.016 0.112
DosaFlag -0.501 0.606 0.032 PriorJuvenileJra -7.778 <0.001 0.973
Sassi 0.490 1.632 0.257 PriorMisdem 13.039 >999.999 0.957
Male 0.351 1.421 0.244 PriorMisdPerson 0.105 1.111 0.792
Age -0.065 0.937 0.153 PriorSentViol 0.184 1.202 0.567
AgeDecade 0.046 1.047 0.369
Black 0.579 1.783 0.019 Non-Drug Felony Recidivism
CommitmentCount 0.287 1.332 0.066
SRASeverityLevel 0.013 1.013 0.889 Variable Co-efficient Odds Ratio Probability
CurrentClassB -0.168 0.845 0.650 Included Observations: 118
PriorJuvenileFelony -0.118 0.888 0.760 Intercept 2.229 0.256
PriorFelPerson -0.306 0.737 0.503 DosaFlag -0.159 0.853 0.710
PriorFelProperty -0.918 0.399 0.001 age -0.061 0.941 0.105
PriorMisdProperty 0.323 1.381 0.034 White -0.182 0.834 0.832
PriorSentViol 0.290 1.336 0.150 SRASeverityLevel -0.979 0.376 0.044
SRAOffenderScore -0.013 0.987 0.924
Non-Drug Felony Recidivism CurrentClassB 2.022 7.553 0.039
Variable Co-efficient Odds Ratio Probability PriorJuvenileJra -0.429 0.651 0.423
PriorMisdem 1.315 3.725 0.132
Included Observations: 528 PriorMisdPerson -0.542 0.581 0.040
Intercept 0.241 0.846 PriorSentViol 0.126 1.134 0.530
DosaFlag -0.173 0.842 0.512
Sassi 1.194 3.299 0.058
Male 0.228 1.256 0.489
Age -0.012 0.988 0.821
AgeDecade -0.047 0.954 0.431
Black 0.197 1.218 0.494
CommitmentCount -0.094 0.910 0.626
SRASeverityLevel -0.205 0.815 0.047
CurrentClassB -1.031 0.357 0.064
PriorJuvenileFelony -1.125 0.325 0.103
PriorFelPerson -0.545 0.580 0.366
PriorFelProperty 0.414 1.513 0.164
PriorMisdProperty 0.386 1.471 0.024
PriorSentViol -0.166 0.847 0.547
Technical Appendix B: Selecting Multiple Second, DOSA is an option for judges, it is not
Comparison Groups to Determine Whether DOSA mandatory. The actual screening process used by the
Reduces Recidivism courts to issue a DOSA sentence is not fully captured
in the DOSA selection criteria; that is, not all DOSA-
The ability to evaluate whether DOSA achieves eligible offenders are given this option. Judges, aided
reductions in recidivism rates depends on identifying an by the advice of prosecutors and defense attorneys,
adequate comparison group of offenders. Ideally, decide whether to offer an offender a DOSA sentence.
DOSA-eligible offenders would be randomly assigned to Additionally, the offender must agree to complete drug
either DOSA or a non-DOSA group. With a successfully treatment in exchange for a shorter prison stay. All
implemented random assignment, any observed these elements are selection factors, unobserved to
difference in recidivism rates could be attributed to the the researcher, that determine whether an offender
effect of DOSA. Unfortunately, as is the case in many receives a DOSA sentence.
real world settings, random assignment was not possible
for this evaluation. While the timing and selection attributes of the
evaluation design pose possible threats to the validity
Absent random assignment, we established a of this study, we attempt to minimize their influence by
comparison group of offenders by matching actual DOSA performing multivariate analyses using a
participants with similar offenders sentenced prior to comprehensive set of observed control variables.
DOSA’s July 1999 implementation date. That is, the
comparison group for this evaluation consists of Two samples were created to examine the impact of
offenders who would have been eligible for DOSA, had it DOSA on recidivism. The two approaches we tested
existed when they were sentenced to prison between are:
July 1, 1997, and June 30, 1999. We then performed
multivariate statistical analyses to control for any 1. A sample where DOSA and comparison group
observed differences in the two groups. participants are matched on 15 variables in the
equations predicting felony, property, and violent
For the comparison group, in addition to having a felony re-offending. These variables are: age,
sentence date between July 1, 1997, and June 30, male, African American, current sentence for a
1999, we selected offenders who met the following felony drug offense, current sentence for a felony
DOSA eligibility requirements set by statute: property offense, prior Class C adjudications, prior
felony drug adjudications, prior juvenile court
• A standard sentencing range greater than one year, felony drug adjudications, prior juvenile court
• No current or prior sex or violent offenses, felony adjudications, prior commitment to the
• No sentencing enhancement (use of deadly Juvenile Rehabilitation Administration (JRA), prior
weapon or firearm), and misdemeanor adjudications, prior adult sentence
• Offender not subject to a deportation detainer or condition violations, was administered the SASSI,
order. number of commitments to DOC, and the SRA
Severity Level for the current admission. The
We were unable to analyze the requirement that the result is a sample of 753 comparison group
crime involve a small quantity of a controlled substance. participants matched to 753 DOSA participants.
Under DOSA, judges make this determination. No data
in electronic records are available on the quantity of 2. A sample where DOSA and comparison group
controlled substances. Additionally, because our participants are matched on scores that measure
criminal recidivism data include only Washington State the risk for felony (non-drug) and felony drug re-
convictions, we removed offenders from our sample who offending. The result is a sample of 2,581
were released to an out-of-state placement. comparison group participants matched to 2,581
DOSA participants.
While this research design is fairly strong, it is not
perfect for two reasons. First, the matched DOSA and There are benefits to both sampling methods. For the
DOSA-eligible comparison group are from two different “risk variable” approach, the advantage is that all of the
time periods. DOSA offenders are those sentenced variables previously mentioned are matched exactly on
after June 30, 1999, while the comparison group every characteristic. This means that the comparison
includes similar offenders sentenced during the two group is virtually identical to the DOSA group except
years prior to the start of DOSA. This means there that they did not receive DOSA. The downside is there
could be other time-dependent factors that distinguish are fewer matches because the criteria are stricter.
these two periods for which we cannot control in our The fewer the matches, the less generalizable the
analysis. results are to all DOSA offenders.

6
For the “risk score” matched group, a larger sample is
possible because the matching is less strict. Results
are then easier to generalize to all DOSA offenders.
The disadvantage is that the groups are not as similar.

Because there are advantages and disadvantages to

both methods, we chose to analyze both to get a better
idea on how DOSA affects recidivism. Since DOSA is
applicable for two different groups of offenders, we
analyzed the effects for those offenders sentenced to
prison for a drug offense, and those sentenced for a
property offense.

Exhibit B1 displays the adjusted recidivism rates for

the DOSA and comparison groups for both sampling
methods. Felony recidivism is statistically significantly
lower for the DOSA drug offenders using both
methods.

Exhibit B2 shows the regression results for the

recidivism findings for both matching methods.

Analyses presented in this appendix further

substantiate our findings from the 2005 report and from
the 36-month follow-up that DOSA significantly lowers
recidivism rates for drug offenders.

7
 Exhibit B1
24-Month Adjusted Recidivism Rates
For DOSA/Comparison Matched Samples

Risk Variable Matched Sample a,b Risk Score Matched Sample c,d
Type of Recidivism Comparison DOSA Type of Recidivism Comparison DOSA

Drug Offenders Drug Offenders

Felony* 28.1% 21.3% Felony* 34.3% 28.0%
Drug Felony 15.9% 12.5% Drug Felony* 22.4% 17.2%
Non-Drug Felony 9.6% 8.9% Non-Drug Felony 11.6% 10.8%

Property Offenders Property Offenders

Felony 53.7% 43.2% Felony 43.2% 44.4%
Drug Felony 3.0% 7.2% Drug Felony 10.0% 8.8%
Non-Drug Felony * 51.9% 36.0% Non-Drug Felony 33.3% 35.5%
* Statistically significant difference at p <=.05.

Exhibit B2
Logistic Regression Results for 24-Month Follow-up Period
For Study Sample Matching Methods
(1) Risk Variable Matched Sample a,b (2) Risk Score Matched Sample c,d
Comparison N = 753, DOSA N = 753 Comparison N = 2581, DOSA N = 2581
Parameter Parameter
Estimate Odds Ratio Sig. Level Estimate Odds Ratio Sig. Level
Drug Offenders
Felony -0.367 0.693 0.0096 -0.292 0.747 0.0003
Drug Felony -0.285 0.752 0.0916 -0.331 0.718 0.0004
Non-Drug Felony -0.087 0.916 0.6817 -0.076 0.927 0.5037
Property Offenders
Felony -0.422 0.656 0.1648 0.046 1.047 0.6724
Drug Felony 0.914 2.495 0.1781 -0.135 0.873 0.4528
Non-Drug Felony -0.650 0.522 0.0382 0.098 1.103 0.3913

a In the drug offender group of the risk variable matched sample, there were 642 in the comparison group and 642 in the DOSA
group.
b In the property offender group of the risk variable matched sample, there were 111 in the comparison group and 111 in the
DOSA group.
c In the drug offender group of the risk score matched sample, there were 1730 in the comparison group and 1835 in the DOSA
group.
d In the property offender group of the risk score matched sample, there were 851 in the comparison group and 746 in the
DOSA group.

For further information, please contact Elizabeth Drake at (360) 586-2767 or [email protected].
Document No. 06-12-1901

Washington State
Institute for
Public Policy
The Washington State Legislature created the Washington State Institute for Public Policy in 1983. A Board of Directors—representing the legislature,
the governor, and public universities—governs the Institute and guides the development
8 of all activities. The Institute’s mission is to carry out practical
research, at legislative direction, on issues of importance to Washington State.