COBI 2015 - Drug Offender Reform Act (DORA)

Overview
Issues
Performance
Background
Financials

Sources Uses

FY 2016 Appropriation

DORA was designed to expand offender access to treatment, provide for smarter sentencing by judges, and provide increased community supervision. This legislation was predicated on a three-year DORA pilot program, created in 2005, which operated in the Third Judicial District Court in Salt Lake County as well as a statewide initiative enacted in 2007 via Senate Bill 50 of the same title. Senate Bill 202, Drug Offender Reform Act (DORA), was passed during the 2009 General Session of the Legislature reducing the scope of DORA from a statewide initiative for both probationers and parolees to serving probationers only in six local substance abuse authority areas.

Funding History

Appropriation Overview

During the 2015 General Session, the Legislature appropriated for Fiscal Year 2016, $2,747,100 from all sources for Drug Offender Reform Act (DORA). This is a 0 percent change from Fiscal Year 2015 revised estimated amounts from all sources. The total includes $2,747,100 from the General/Education Funds, a change of 0 percent from revised Fiscal Year 2015 estimates.

Staff Analysis

For the most recent completed fiscal year, the following information represents the purposes for which the money was used:

Drug Offender Reform Act Detailed Purposes

Increase in employment rates between admission and discharge

Percent decrease in number of clients arrested prior to admission to prior to discharge

Regarding the negative trend greater than 5% in the increase in employment rates from the DORA program performance measures, the agency states, "It is likely that the cause for the 'decrease in increase in employment' from 2011 to 2014 is due to the unemployment rates over that period. There were far fewer individuals employed at admission in 2011 than there were in 2014. Since the increase is a percentage of the change, not simply a percentage increase, the fewer numbers employed due to the recession in 2011 compared to improved employment opportunities in 2014 would make it easier to show larger improvement. (For example, if 40 individuals were employed in 2011 of every hundred at admission, and 70 were employed at discharge, the percentage increase would be 75%. If in 2014, there were 50 people employed at admission and 70 at discharge, the percentage change would be 40%.) It is important to remember that both numbers show a positive increase in the numbers of individuals employed. DSAMH will continue to put emphasis on ensuring clients have adequate housing and employment, as those are key factors in reducing recidivism and sustaining recovery."

Regarding the negative trend greater than 5% in the percent decrease in the number of clients arrested from the DORA program performance measures, the agency states, "It is likely that the 'decrease in the decrease of clients arrested' is also due to the manner that the rate is calculated and the decrease in crime during the period in question. The fewer individuals committing crimes in the 30 days prior to admission means a smaller percentage. (Example: 40 individuals out of every hundred at admission in 2011 versus 20 individuals at discharge - 50% decrease. 30 individuals out of every hundred at admission versus 20 individuals at discharge - 33% decrease.) DORA has been proven to reduce the numbers of individuals who commit criminal acts and the close collaboration between treatment and corrections staff will continue to be emphasized to continue to reduce the overall rate of recidivism."

Statute requires the Utah Substance Abuse and Anti-Violence Coordinating Council (USAAV) to provide ongoing oversight for implementation and program functioning, evaluation of impacts and results, development of an implementation plan, and approval of plans submitted by local substance abuse authorities for DORA. The Department of Human Services then allocates funds for approved plans and monitors contracts according to approved plans and contractual requirements.

Intent Language

HB0003: Item 89

Under Section 63J-1-603 of the Utah Code, the Legislature intends that any remaining funds provided by Item 38, Chapter 13, Laws of Utah 2014 for the Drug Courts program within the Department of Human Services' Division of Substance Abuse and Mental Health line item not lapse at the close of Fiscal Year 2015. The use of any non-lapsing funds is limited to "other charges/pass through" expenditures consistent with the requirements found at UCA 63J-1-603(3)(b).

HB0003: Item 89

Under Section 63J-1-603 of the Utah Code, the Legislature intends that any remaining funds provided by Item 38, Chapter 13, Laws of Utah 2014 for State Substance Abuse Services and Local Substance Abuse Services within the Department of Human Services' Division of Substance Abuse and Mental Health line item not lapse at the close of Fiscal Year 2015. The use of any non-lapsing funds is limited to "other charges/pass through" expenditures consistent with the requirements found at UCA 63J-1-603(3)(b).

HB0003: Item 89

Under Section 63J-1-603 of the Utah Code, the Legislature intends that up to $50,000 of appropriations provided for the Department of Human Services' Division of Substance Abuse and Mental Health line item in Item 38, Chapter 13, Laws of Utah 2014 not lapse at the close of Fiscal Year 2015. These funds are to be used for the purchase of computer equipment and software, capital equipment or improvements, equipment, or supplies.

SB0002: Item 82

The Legislature intends the Department of Workforce Services and the Administrative Offices of the Courts provide a report to the Office of the Legislative Fiscal Analyst no later than September 1, 2015. The report shall include, at a minimum: 1) a summary of efforts to improve coordination between the Drug Court program and DWS' Workforce Development Division in order to improve Drug Court success, 2) data indicating the success of the efforts including the implementation and reporting on measures of post program recidivism, and 3) any identified savings or additional funding of drug court recipients as a result of improved coordination efforts.

SB0002: Item 82

The Legislature intends that the one-time General Fund appropriation of $6,400,000 to the Department of Human Services for Local Authority Mental Health Medicaid Match is provided to assist local mental health authorities for one year until they can find ways to provide their own matching funds in the future. The Legislature further intends the local mental health authorities report their plans to provide their own matching funds in the future to the Office of the Legislative Fiscal Analyst by September 1, 2015.

SB0002: Item 82

The Legislature intends that the $300,000 in federal funds appropriated for Children's Mental Health Early Intervention for Children and Youth in the Department of Human Services in the Division of Substance Abuse and Mental Health line item is dependent upon the availability of and qualification for the Children's Mental Health Early Intervention for Children and Youth for Temporary Assistance for Needy Families federal funds.

SB0007S01: Item 9

The Legislature intends that the Department of Human Services report on the following performance measures for the Substance Abuse and Mental Health line item: (1) Local Substance Abuse Services - Successful completion rate (Target = 40%), (2) Mental Health Services - Adult Outcomes Questionnaire - Percent of clients stable, improved, or in recovery while in current treatment (Target = 70%), and (3) Mental Health Centers - Youth Outcomes Questionnaire - Percent of clients stable, improved, or in recovery while in current treatment (Target = 70%) by January 1, 2016 to the Social Services Appropriations Subcommittee.

SB0007S01: Item 27

The Legislature appropriated approximately $3.6 million ongoing funding for Fiscal Year 2014 for DORA treatment and supervision. Of that amount, $2,765,900 was allocated to the Department of Human Services for the purposes of assessing and treating drug offenders in the substance abuse authority areas identified by USAAV which include Cache, Weber, Davis, Salt Lake, Utah, and Washington/Iron counties.

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Funding Source

Expenditure Category

Appropriation Type:

Appropriation History by

Sources of Finance	FY11 Actual	FY12 Actual	FY13 Actual	FY14 Actual	FY15 Approp	FY15 Change	FY15 Revised	FY16 Change	FY16 Approp
General Fund	79,100	2,039,500	2,590,900	2,703,800	2,747,100	0	2,747,100	0	2,747,100
General Fund, One-time	2,060,400	100,000	100,000	0	0	0	0	0	0
Beginning Nonlapsing	0	0	0	43,900	0	0	0	0	0
Closing Nonlapsing	0	0	(43,900)	0	0	0	0	0	0
Lapsing Balance	0	0	(19,400)	(100)	0	0	0	0	0
Total	$2,139,500	$2,139,500	$2,627,600	$2,747,600	$2,747,100	$0	$2,747,100	$0	$2,747,100

Show Table | Show Additional Information

Categories of Expenditure	FY11 Actual	FY12 Actual	FY13 Actual	FY14 Actual	FY15 Approp	FY15 Change	FY15 Revised	FY16 Change	FY16 Approp
Other Charges/Pass Thru	2,139,500	2,139,500	2,627,600	2,747,600	2,747,100	0	2,747,100	0	2,747,100
Total	$2,139,500	$2,139,500	$2,627,600	$2,747,600	$2,747,100	$0	$2,747,100	$0	$2,747,100

COBI contains unaudited data as presented to the Legislature by state agencies at the time of publication. For audited financial data see the State of Utah's Comprehensive Annual Financial Reports.