RD387 - Report on the Status and Effectiveness of Offender Drug Screening, Assessment and Treatment - 2008


Executive Summary:
In 1998, Virginia’s General Assembly passed House Bill 664 and Senate Bill 317 (HB664/SB317) enacting the Drug Offender Screening, Assessment, and Treatment (DSAT) Initiative. The DSAT legislation, subsequently amended in 1999, outlined specific substance abuse screening and assessment provisions that became effective for offenses committed on or after January 1, 2000. These provisions, contained in §§ 16.1-273, 18.2-251.01, 19.2-299, 19.2-299.2 and 19.2-123(B) [effective 07/01/2000], of the Code of Virginia*, target three offender groups: juveniles, adult felons, and adult misdemeanants. Because several different types of offenders are subject to the Code mandates, the initiative affects staff and clients of numerous agencies, including the Department of Juvenile Justice (DJJ), the Department of Corrections (DOC), local community-based probation and pretrial services agencies administered by the Department of Criminal Justice Services (DCJS), the Commission on Virginia Alcohol Safety Action Program (VASAP), and the Department of Mental Health, Mental Retardation, and Substance Abuse Services (DMHMRSAS).

The Interagency Drug Offender Screening and Assessment Committee was created by § 2.2-223 (formerly § 2.1-51.18:3) to oversee the screening and assessment provisions contained in the Code of Virginia. The Interagency Committee, with representation from all affected agencies and the Virginia Criminal Sentencing Commission, is charged with ensuring the quality and consistency of the screening and assessment process across the Commonwealth. The Secretary of Public Safety serves as chairperson. The Interagency Committee serves to promote interagency coordination and cooperation. The Interagency Committee is required by § 2.2-223 to submit a report each year to the General Assembly.

Significant, but required, budget and staff reductions have affected each of the principal agencies. In response to cuts in funding since 2001, particularly the elimination of Substance Abuse Reduction Effort (SABRE) funds, agencies involved in screening and assessment activities have re-examined protocols and developed alternative strategies to maximize the use of remaining resources. Despite the elimination of a substantial number of staff positions formerly devoted to this task, the agencies have continued their efforts to address offender’s substance abuse needs by streamlining the process in some instances, utilizing other screening instruments and otherwise attempting to make this task more manageable for the fewer number of staff involved. The number and type of services available have decreased significantly.

The grievous effect of the lack of resources on the number and type of services offered has also greatly limited the need and ability to coordinate services across agency. Thus, the Interagency Drug Offender Screening and Assessment Committee, or the workgroup associated with this committee, did not meet in FY 2008. It is recommended that, unless funding, and thus services, are increased legislation surrounding the Drug Offender Screening, Assessment, and Treatment (DSAT) initiative [§§ 16.1-273, 18.2-251.01, 19.2-123(B), 19.2-299, and 19.2-299.2 of the Code of Virginia] should be revisited.
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* NOTE: §§ 18.2-251, 252 and 254 were also amended to support screening and assessment in drug offense cases or where substance abuse was indicated.