Resolution

In Support of Guiding Principles in Developing State-Level Recidivism Definitions for ProblemSolving Courts

Resolution 4 In Support of Guiding Principles in Developing State-Level Recidivism Definitions for Problem-Solving Courts

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WHEREAS, the Conference of Chief Justices (CCJ) and the Conference of State Court Administrators (COSCA), in fulfilling their leadership roles for state judicial systems, have repeatedly taken positions in support of the principles and methods used in Problem-Solving Courts; and

WHEREAS, the COSCA 2014-2015 Policy Paper on Problem-Solving Courts in the 21st Century recommended the establishment of a uniform recidivism definition and post-program follow-up period for use in problem-solving court evaluations, and included recommendations for implementing current best practices; and

WHEREAS, the Conferences have identified the best practices commonly used in Problem-Solving Courts, which include ongoing judicial leadership, integration of treatment services with judicial case processing, close case monitoring, immediate response to behavior, multidisciplinary involvement, and collaboration with community-based and government organizations; and

WHEREAS, CCJ and COSCA recognize the need to compare outcomes from Problem-Solving Courts across jurisdictions; and

WHEREAS, the CCJ and COSCA Problem-Solving Courts Committee has developed the following guiding principles to use in developing recidivism measures (in Guiding Principles in Developing State-Level Recidivism Definitions for Problem-Solving Courts, 2018):

  1. Consider the type of Problem-Solving Court (P-SC) under examination.
  2. Review existing recidivism definitions within the state.
  3. Consider the goals of the P-SC.
  4. Report recidivism for the P-SC group both during and after the intervention.
  5. Examine all offenses that have the potential for a sentence that includes incarceration.
  6. Report recidivism by the offense type.
  7. Include all participants that enter the P-SC in the analysis.
  8. Identify a comparison group.
  9. Ensure that members of both the P-SC and comparison group have comparable time at risk.
  10. Monitor recidivism for at least three years post-entry into the P-SC or two to three years post-exit from the P-SC.
  11. Report recidivism at specific time intervals.
  12. Support quality data collection efforts.

NOW, THEREFORE, BE IT RESOLVED that the Conference of Chief Justices and Conference of State Court Administrators urge states to adopt and implement the guiding principles when defining recidivism in Problem-Solving Courts;

BE IT FURTHER RESOLVED that states use the following guiding principles when reporting outcomes for Problem-Solving Courts within their states;

BE IT FURTHER RESOLVED that the Conferences urge the U.S. Congress, the Department of Justice and the Substance Abuse and Mental Health Services Administration to adopt the guidelines identified above for outcome studies associated with their funding of Problem-Solving Courts.

Adopted as proposed by the Problem-Solving Courts Committee at the Conference of Chief Justices 2019 Midyear Meeting on February 13, 2019.