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Recidivism in Australia : findings and future research - Australian ...

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<strong>Recidivism</strong> <strong>in</strong> <strong>Australia</strong>: f<strong>in</strong>d<strong>in</strong>gs <strong>and</strong> <strong>future</strong> <strong>research</strong><br />

Evaluat<strong>in</strong>g a drug court<br />

As of December 2006, there had been more than seven studies across <strong>Australia</strong> us<strong>in</strong>g<br />

recidivism to exam<strong>in</strong>e the effectiveness of drug courts. Among these were studies <strong>in</strong> New<br />

South Wales (L<strong>in</strong>d et al. 2002), North <strong>and</strong> South East Queensl<strong>and</strong> (Payne 2005; Makkai<br />

<strong>and</strong> Veraar 2003) <strong>and</strong> Western <strong>Australia</strong> (UWA CRC 2003). Although each study seem<strong>in</strong>gly<br />

exam<strong>in</strong>ed recidivism for a general target sample of drug court clients, there are a few<br />

obvious contextual factors impact<strong>in</strong>g on the characteristics of each sample that prevents<br />

exact comparisons between the studies. These variations <strong>in</strong>cluded:<br />

•<br />

•<br />

•<br />

•<br />

Physical location of the court program – each program operated <strong>in</strong> a different geographical<br />

location separated by state borders <strong>and</strong> where different crimes <strong>and</strong> sentenc<strong>in</strong>g provisions<br />

apply. Aside from other program differences, local drug markets can vary significantly<br />

between states, impact<strong>in</strong>g the type of offenders likely to participate <strong>in</strong> the respective drug<br />

court programs.<br />

Severity of likely sentence – the Western <strong>Australia</strong>n program excluded participants likely<br />

to face m<strong>and</strong>atory imprisonment. In North Queensl<strong>and</strong>, South East Queensl<strong>and</strong> <strong>and</strong><br />

New South Wales however, an offender was eligible only if they were likely to face a term<br />

of imprisonment. Exclud<strong>in</strong>g those likely to be imprisoned may result <strong>in</strong> the selection of<br />

participants with a less serious offend<strong>in</strong>g profile, which may affect the probability that<br />

a participant will reoffend.<br />

Offender profile – the West <strong>Australia</strong>n program was available to adult <strong>and</strong> juvenile offenders,<br />

while the programs <strong>in</strong> the east were available only to offenders aged 18 years or more.<br />

Moreover, <strong>in</strong> North Queensl<strong>and</strong> offenders referred to the program could not have spent<br />

more than 12 months <strong>in</strong> prison before their participation (although recent moves have been<br />

made to relax this criterion). There were no such restrictions <strong>in</strong> New South Wales, South<br />

East Queensl<strong>and</strong> or Western <strong>Australia</strong>.<br />

Program content – the drug court programs <strong>in</strong> each location operated <strong>in</strong> a different<br />

manner. In New South Wales for example, methadone ma<strong>in</strong>tenance was an acceptable<br />

form of accompany<strong>in</strong>g treatment, while the Queensl<strong>and</strong> program preferred abst<strong>in</strong>ence<br />

from drug use over ma<strong>in</strong>tenance. In Western <strong>Australia</strong>, the drug court <strong>in</strong>tervention<br />

operated for a maximum of six months, while <strong>in</strong> the other jurisdictions participants<br />

could rema<strong>in</strong> on the program for more than 18 months.

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