From failure to opportunity

Sarah Huntley, Rocky Mountain News

Published February 9, 2005 at midnight

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They are some of the judicial system's toughest customers: abusers who have been convicted once, twice, even many times, only to thumb their noses at the courts and return to their violent ways.

Repeat offenders are clogging the system in Colorado. Since 1994, 84,431 people statewide have been arrested on charges associated with domestic violence, according to the Colorado Bureau of Investigation. Of those, more than 50,000 — nearly 60 percent — have been arrested on domestic violence charges more than once.

Traditional sanctions haven't worked. Most have taken — and failed — the state's standard 36 weeks of domestic violence treatment. In many cases, they've been too consumed by addiction, dysfunctional childhoods or years of learned behavior to respond to mandatory counseling.

But officials in Boulder County believe even these offenders can change — and they are giving them one last chance to find out.

For the past three years, about 250 repeat offenders have participated in what the county calls Enhanced Domestic Violence Treatment. The program builds on the required group sessions aimed at educating offenders to reject society's message that men can and should control women. The program adds more assessment at the start and individual counseling each month.

Instead of 36 weeks, offenders undergo treatment for a year. Participants pay on a sliding scale.

"The longer you have someone under supervision, the lower the chance that they will (re-offend)," said Ted Bradshaw, a Boulder County probation supervisor who helped design the program.

More individualized approach is key, program's backers say

The program was born out of frustrations shared by probation officers, prosecutors, judges and treatment providers.

"Repeat offenders, some of whom are on their second, third, fourth or fifth time on supervision, can go through the 36 weeks of domestic violence treatment, and then they are back," Bradshaw said. "It seems like a waste of resources."

Unless a case rises to the level of a felony with mandatory prison time, the courts have limited options for repeaters. In the past, offenders who got kicked out of treatment or quit were often given a chance to re-enroll to avoid a probation violation and jail time. But those who didn't comply faced inconsistent consequences, including fines, minimal jail time or community service.

"It was frustrating prosecuting these people again, knowing full well they were going to attend the same classes that obviously didn't make an impact the first time," said Tim Johnson, Boulder County's senior domestic violence prosecutor. "I'm encouraged that we have a more aggressive program."

Supporters say the program's one-on-one approach, coupled with stringent and consistent consequences, promises the best recipe for success.

If an offender drops out or fails the program, he's facing jail time — soon. The average sentence for violators is 152 days behind bars, Bradshaw said.

"If you get kicked out or you quit, something is going to happen," he said. "That's one of the underpinnings of this program."

Lisa Ellinwood, who has worked as a domestic violence counselor for more than 10 years, provides both traditional and enhanced treatment.

She said she thinks the longer, more individualized program offers more hope of getting to the heart of the problem.

"The state treatment standards are very strict about what you can do in the 36 sessions. It is very clear that everyone should be in a group," she said. "But seeing people individually once a month gives me a better insight into what is going on with a person."

Ellinwood said she also welcomes the increased cooperation with probation.

All treatment providers certified by the state are required to report attendance or other issues to probation. But many of Ellinwood's clients in the 36-week program are supervised by private probation firms that often have higher staff turnover and overwhelming caseloads.

"It wouldn't be that unusual for a client to have two, three or four probation officers during the 36 weeks," Ellinwood said. "Who should I fax? Who should I call?"

Participants in the enhanced program, by contrast, are assigned to a caseworker with the state's probation office — a person who has regular contact with the treatment team.

Failures discouraging but not surprising

Statistical analysis of the program is in its infancy, so a verdict on its success has not been reached.

A report prepared last summer tracked the first 106 participants. Some were still in treatment.

Of those who were not, 38 had completed the program successfully. One has been convicted since then of driving under the influence and a domestic violence-related assault, Bradshaw said.

Forty-nine had failed the program.

Ten of the 49 were thrown out for committing a new offense.

The other 39 failed sessions, missed appointments with probation or tested positive for drugs or alcohol.

Bradshaw said the probation system hopes to partner with a researcher at the University of Colorado-Boulder to do a longer-term, more in-depth study.

The failures are discouraging, Bradshaw said, but not surprising.

"I think all of us are very aware of the nature of this problem," he said. "They are tough nuts to crack."

So far, no one who has failed has been given a second crack at enhanced treatment. Providers worry they would be too disruptive to those who are sincerely trying to change, Bradshaw said.

He thinks more programs are needed for this population.

"You take your success where you can find it, and you do what you can do," he said. "Then you just go back to the drawing board (for the others). What the drawing board will be for these guys, I don't know."

How it works

Length: Instead of 36 weeks, offenders undergo treatment for a year.

Sessions: The program uses both individual and group sessions that educate offenders to reject the idea that men can and should control women.

Enforcement: The approach uses a one-on-one approach with stringent consequences.

What they're saying

Tim Johnson, Boulder County's senior domestic violence prosecutor, on repeat offenders and enhanced treatment: "It was frustrating prosecuting these people again, knowing full well they were going to attend the same classes that obviously didn't make an impact the first time. I'm encouraged we have a more aggressive program."

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