Examining Kansas SB 123: Mandatory Probation and Treatment
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Examining Kansas SB 123: Mandatory Probation and Treatment Don Stemen, Loyola University Chicago The Honorable Richard Smith, Kansas Sentencing Commission Kelly Goodwin, Johnson County Public Defender’s Officer Thomas J. Drees, Ellis County Attorney’s Office.

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Examining Kansas SB 123: Mandatory Probation and Treatment Don Stemen, Loyola University Chicago

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Examining kansas sb 123 mandatory probation and treatment don stemen loyola university chicago

Examining Kansas SB 123: Mandatory Probation and Treatment

Don Stemen, Loyola University Chicago

The Honorable Richard Smith, Kansas Sentencing Commission

Kelly Goodwin, Johnson County Public Defender’s Officer

Thomas J. Drees,Ellis County Attorney’s Office

National Association of Sentencing Commissions Conference

Chicago, August 6, 2012

This research is funded by NIJ grant # 2006-IJ-CX-4032


State wide approaches to community based drug treatment

State-wide approaches to community-based drug treatment

Mandatory Treatment Initiatives

Increased Treatment Initiatives


General goals of probation treatment laws targeting drug offenders

General goals of probation/treatment laws targeting drug offenders

System-Level Goals

Change sentencing practices to divert drug offenders from prison at sentencing.

Increase the availability of treatment for drug offenders.

Reduce the number of drug offenders in prison.

Individual-Level Goals

Improve outcomes for drug offenders by reducing recidivism and substance abuse.


General problems encountered in implementation of probation treatment laws

General problems encountered in implementation of probation/treatment laws

Small or narrowly-defined target populations

Front-end and back-end net-widening

Traditional focus on supervision/enforcement rather than treatment


Content of sb 123

Content of SB 123

Creates mandatory sentence of up to 18 months of community corrections supervision and treatment.

Eligibility restricted to 1st- or 2nd- offense drug possession w/out a prior conviction for a person, drug sale, or drug manufacture offense.

Relies on a network of existing community-based drug treatment providers.

Seeks to create a treatment focused approach to community-based sentences for drug possessors.


Implementation issue i front end net widening

Implementation Issue I:Front-End Net-Widening


Sentences for sb 123 eligible cases pre and post implementation

Sentences for SB 123-eligible cases, pre- and post implementation


Sentences for sb 123 eligible cases pre and post implementation1

Sentences for SB 123-eligible cases, pre- and post implementation


Sentences for sb 123 eligible cases pre and post implementation2

Sentences for SB 123-eligible cases, pre- and post implementation


Mean sentence lengths for sb 123 eligible cases pre and post implementation

Mean sentence lengths for SB 123-eligible cases, pre- and post implementation


Implementation issue ii circumvention

Implementation Issue II: Circumvention


Sentences for sb 123 eligible cases pre and post implementation3

Sentences for SB 123-eligible cases, pre- and post implementation

Implementation of SB 123


Some sb 123 eligible cases do not receive treatment

3+ property offenses

No criminal history

Some SB 123-eligible cases do not receive treatment


Some sb 123 ineligible cases receive treatment

3+ violent offenses

3+ property offenses

No criminal history

Some SB 123-ineligible cases receive treatment


Implementation issue iii concentration of treatment

Implementation Issue III: Concentration of Treatment


Sb 123 cases concentrated in just a few counties

SB 123 cases concentrated in just a few counties


Sb 123 treatment concentrated in just a few providers

SB 123 treatment concentrated in just a few providers


Implications and recommendations

Implications and Recommendations


Some conclusions about sb 123

Some conclusions about SB 123

SB 123 increased the provision of treatment to target population of drug possessors

SB 123 helped achieve a shift in perspective within probation

SB 123 helped achieve a shift in perspective among courtroom actors

SB 123 encouraged innovation among local communities


Some implications that may be common to statewide initiatives

Some implications that may be common to statewide initiatives

Disagreement about program goals across system actors

Gatekeepers emphasized system-level goals; administrators emphasized individual-level goals

“One size fits all” approach has both benefits and drawbacks

Geographic diversity necessitated flexibility in implementation; but it also affected fidelity


Some recommendations for mandatory probation treatment programs

Some recommendations for mandatory probation/treatment programs

Maintain mandatory probation without mandating a particular form of probation

Allow traditional judicial discretion to determine type of probation based on risk/needs assessment; preserve intensive supervision for those with higher levels of risk

Preserve mandatory treatment only for those assessed to need treatment

Allow probation discretion to determine mandatory treatment based on substance abuse assessment; preserve mandatory treatment only for those with high needs


Sb 123 structure and practice

SB 123 Structure and Practice


Examining kansas sb 123 mandatory probation and treatment don stemen loyola university chicago

Changes in prison admissions due to

SB 123


Examining kansas sb 123 mandatory probation and treatment don stemen loyola university chicago

Estimated savings due to SB 123


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