Probationers Study Intro, SAMHSA,Office of Applied Studies

Probationers are criminal offenders whom courts place in community supervision instead of incarceration. In 1995, they made up 58 percent of all the adults under correctional supervision.⁽¹⁾

A recent study by the Bureau of Justice Statistics (BJS) found that 32 percent of probationers reported using illicit drugs during the month before their offense, and 20 percent were placed on probation due to drug related offenses.⁽²⁾ While on probation, many continue to use illegal substances. One study found that 36 percent of probationers and parolees tested positive for illicit substances.⁽³⁾

Drug use during probation can lead to more trouble for the offender, such as re-arrest, harsher sentencing, minimizing chances of stabilizing family situations, or causing mental or physical health problems. Therefore, it is important for researchers and the criminal justice system to know more about this population subgroup.

National estimates of substance use among people on probation are not easy to find. The Bureau of Justice Statistics' study, Substance Abuse and Treatment of Adults on Probation, 1995, was the first of its kind. It presents a wealth of information on probationers' alcohol and illicit drug use during the time before they committed their current offense, substance abuse treatment that they received, as well as many other drug-related activities, such as types of offenses, dependence, and drug testing.

This report is a profile of a nationally-representative sample of adults who had recently been or currently were on probation during 1995-1997, and their substance use. It describes who probationers are, demographically, and what types of drugs they have used in the past month, in the past year, and in their lifetime. It also attempts to determine whether there is a direct relationship between being on probation and using drugs. However, it is not meant to determine cause and effect. Due to the cross-sectional nature of the data, it is impossible for this study to suggest why or in what order people commit crimes or use drugs. This paper also compares the NHSDA estimates of probationers to estimates produced by the Bureau of Justice Statistics.

The NHSDA is the primary source of statistical information on the use of tobacco, alcohol, and illicit drugs in the United States. Conducted annually by the Substance Abuse and Mental Health Services Administration, the main goal of the survey is to estimate and monitor trends in the prevalence of substance use in the U.S. The survey covers the civilian non-institutional U.S. population age 12 and older.

Data are collected by trained survey interviewers in selected respondents' homes. The interview takes approximately one hour to complete and incorporates procedures designed to maximize truthful responses to potentially sensitive questions about illicit drug use (e.g., the use of self-administered answer sheets). Data are collected on the recency and frequency of use of various licit and illicit drugs, opinions about drugs, problems associated with drug use, and drug treatment experiences. In addition, the NHSDA also collects basic demographic information on age, race/ethnicity, education, employment, income, marital status, physical and mental health status, health service and treatment information, and criminal history including whether or not respondents were on probation during the past year.

Over the three year period of 1995 to 1997, the NHSDA interviewed 43,544 adults (see Table 1). Of these, 915 reported being "on probation at any time during the last 12 months". The information that they reported was appropriately weighted so that national estimates could be developed.

There are several limitations to the data used in this study. First, the data are mostly self-reported, including the main analysis variables (i.e. whether or not the respondent used drugs and whether or not they were on probation). Therefore, behavioral estimations may be inaccurate or biased, particularly for substance abuse behaviors. Second, we have no information on why the person was placed on probation. It would have been interesting to examine separately those people who were on probation due to drug offenses from those who had committed other types of offenses. Third, the sample excludes active military personnel, U.S. citizens living abroad, residents of institutional settings, (e.g., prisons and hospitals), and homeless persons not living in a shelter at the time of the survey. A final limitation is the relatively rare occurrence of a respondent being on probation. This means that to retain statistical precision, we could not divide the probationers into small analytical subgroups.

Each year during 1995-1997 there were an estimated 2.4 million adult U.S. residents who had been on probation (about 1.3 percent of the adult population) in the past year (see Table 2). Three-quarters of the probationers were male, and forty percent of the adults on probation were in the youngest adult age group, 18-25. Around one-quarter of the probation population was in each of the next two age groups, 26-34 and 35-49, and only seven percent were age fifty or older.

Although the majority of probationers were white, the proportion of the probation population who were white (65 percent) was significantly lower than the proportion in the general U.S. adult population (76 percent). The percentages of probationers who were black (18 percent) and Hispanic (14 percent) were higher than those proportions in the general population (11 percent and 9 percent, respectively). There was no significant difference for those who reported their race as "Other".

There were regional differences in probation rates. Whereas probationers were more prevalent in the South (44 percent of all probationers were living there compared to 36 percent of the general population) probationers were less prevalent in the Northeast (11 percent were living there compared to 20 percent of the general population). The percentages of probationers in the other regions, North Central and West, were no different than the percentages in the general population. Also, there were no significant differences by population density: large metropolitan, small metropolitan, and non-metropolitan areas all had numbers of probationers that were in proportion with their general population.

Educational background was related to probationary status, although this is true only at the low and high ends of the spectrum. A full 44 percent of probationers never graduated from high school, which is less than half the percentage among non-probationers (19 percent). Achieving one of the middle educational levels, namely graduating from high school or attending some college, was as prevalent among probationers as among non-probationers. However, the completion of a college degree was much less likely among probationers (7 percent) than it was among those who had not been on probation (24 percent).

Having a full-time or part-time job is as likely among probationers as it is among non-probationers. However, while only 4 percent of the general population is unemployed and looking for work, 15 percent of probationers are in that situation. The "other" employment status, which is made up mostly of retired persons, homemakers, students, and the disabled, accounts for 32 percent of the general population, but only 21 percent of probationers.

Comparisons of NHSDA data with estimates compiled by the Bureau of Justice Statistics suggest some undercounting of the probation population in the NHSDA. BJS surveys of probation agencies estimate that 3.1 million adults were on probation on December 31, 1995, and that during 1996 another 1.7 million adults entered the probation system (while 1.5 million exited).⁽⁴⁾ Approximately 0.3 million of those on probation at the beginning of 1996 became incarcerated during 1996, and about 0.4 million of those who were on probation at the end of 1996 had been incarcerated during 1996.⁽⁵⁾ These 0.7 million incarcerated people would be ineligible for the NHSDA sample during the period of their incarceration. Thus, the BJS data indicate that about 4 to 5 million people eligible for inclusion in the NHSDA were on probation at some time during 1996⁽⁶⁾. This is higher than the NHSDA annual average estimate of 2.4 million for 1995-1997.

Despite the discrepancy in the overall number of probationers, the BJS Survey of Adult Probationers (SAP) and the NHSDA showed fairly similar demographic descriptions of probationers. Both studies reported that probationers were 79 percent male. SAP reported 61 percent white, and NHSDA reported 65 percent white. SAP reported that 41 percent had not graduated from high school, and NHSDA also reported that 41 percent had not. The two studies present slightly different pictures as far as the age of probationers, though. SAP reported 27 percent were age 18-24, 35 percent were age 25-34, and 39 percent were 35 years or older, while NHSDA reported 40 percent were age 18-25, 27 percent were age 26-34, and 34 percent were age 35 and older.

Nearly three-quarters of adult probationers (72 percent) reported that they have used illicit drugs sometime during their lifetime (see Table 3). Forty-three percent had used some type of illicit drug during the past year, and 28 percent had used an illicit drug during the month before the interview. The most common illicit drug used was marijuana; 23 percent of probationers had used it during the past month. Cocaine (9 percent), psychotherapeutics (6 percent), and hallucinogens (5 percent) were the next most commonly used illicit drugs. These drugs, as well as most other illicit drugs, were used at much higher rates among probationers than they were among non-probationers. For example, marijuana was used in the past month by only 4 percent of non-probationers, and cocaine was used by only 0.6 percent. The probationer rates of PCP, heroin, and sedative use in the past month, however, were not significantly different from the non-probationer population.

Alcohol and cigarette use was more prevalent than illicit drug use, although this is true for non-probationers as well as for those recently on probation. Sixty-two percent of probationers had used alcohol during the past month, compared to 55 percent of non-probationers. Sixty-two percent of probationers had used cigarettes during the past month, compared to only 30 percent of non-probationers. The use of smokeless tobacco among probationers (8 percent), was significantly greater than in the non-probationer population (3 percent).

Drinking large amounts of alcohol was more prevalent among probationers than among non-probationers. "Binge" alcohol use is defined as drinking five or more drinks on the same occasion on at least one day in the past 30 days. "Heavy" alcohol use is defined as drinking five or more drinks per occasion on five or more days in the past 30 days. Binge drinking was reported by 39 percent of probationers, and heavy drinking was reported by 22 percent. The rates of binge and heavy drinking were 16 percent and 5 percent among non-probationers.

Most of these substance abuse estimates are very similar to the BJS Survey of Adults on Probation estimates, especially for the more commonly-used substances. The SAP estimates were (with NHSDA estimates in parentheses): 69 percent (72 percent) had ever used any illicit drug, 67 percent (68 percent) had ever used marijuana, 31 percent (40 percent) had ever used cocaine, 8 percent (9 percent) had ever used heroin, 25 percent (17 percent) had ever used stimulants, and 15 percent (10 percent) had ever used sedatives. For past month use, the surveys were not directly comparable because the NHSDA asked about substance abuse during the month before the interview, while the SAP asked about the month before the criminal offense for which they were on probation. Nevertheless, the past month use estimates were generally similar in the two surveys.

Substance use is most prevalent among the young adult population.⁽⁷⁾ Since probationers are, in general, a young population, it is possible that the high rates of substance use among probationers are simply due to their being in a high-use age group. One way to address this is to restrict the comparisons of probationers and non-probationers to the young adult population, i.e., ages 18-34. While this restriction does not fully adjust for demographic difference between probationers and non-probationers, it provides another interesting comparison.

Substance use among young adults, age 18-34, follows the same pattern as for the entire adult population: all rates of lifetime use, and nearly all rates of past year and past month use were higher for probationers than for non-probationers (see Table 4). Seventy-nine percent of probationers age 18-34 had used an illicit drug sometime during their lives, 51 percent had used during the past year, and 32 percent had used an illicit drug during the past month (compared to 49 percent, 19 percent, and 11 percent of non-probationers). The most commonly used drug, marijuana, was used by 25 percent of 18-34 year old probationers, compared to 9 percent of the non-probationers age 18-34.

Nearly half of 18-34 year-old probationers had binged on alcohol during the past month (48 percent), and around one-quarter used alcohol heavily (27 percent). These rates are two and three times as high, respectively, as the rates of use among non-probationers of those ages. Past month cigarette and smokeless tobacco use rates were also twice as high among the probation population, at 68 percent (compared to 35 percent of non-probationers) and 10 percent (compared to 5 percent of non-probationers).

To better distinguish whether or not being on probation is related to substance abuse, other demographic groupings, in addition to age, that are related to substance use (such as gender and employment status) should be taken into account. Logistic regression can be used to predict the effect of an explanatory variable (such as probation status) on a dependent variable (such as substance use), while accounting for the effects of a number of other variables.

Seven logistic regression models were run, each for a different type of substance use. Table 5 shows the resulting odds ratios for the explanatory variable (whether or not they had been on probation during the past year) and their corresponding confidence intervals. The odds ratios indicate how much more or less likely an individual on probation is to use a substance, compared to someone not on probation, taking into account their age, gender, race, region, urban or rural residence, education, and employment status. Since both substance use and probation rates are highest among the young adult population, the regressions were restricted to people in the age group 18-34.

All of the odds ratios were between 2.39 (for marijuana) and 4.27 (for cocaine), which indicates that probationers were between 2 and 5 times more likely than non-probationers to use illicit drugs, cigarettes, or heavy use of alcohol. The likelihood of probationers using any illicit drug is close to three times as high (2.76) as for non-probationers.

The most startling odds ratios were for cocaine and hallucinogens, which are used by less than 2 percent of the general population, but are used by 7 percent and 6 percent of probationers, respectively. The odds ratios suggest that even after controlling for their demographic characteristics, people on probation are around 4 times as likely as those who are not on probation to use cocaine or hallucinogens.

Probationers were also three times as likely to use cigarettes (2.94), and two and a half times as likely to be heavy alcohol users (2.48).

This study found that substance abuse is a common problem among probationers. One out of four probationers reported using an illegal substance in the past month. Half of those were using a drug other than marijuana. One out of three probationers had binged on alcohol during the past month, and one out of five reported drinking heavily (binging five times or more during the past month).

The rate of substance use among probationers is much higher than in the general population. In fact, even after taking into account age, race, education, and other demographic differences between probationers and non-probationers, probationers used illicit drugs at least twice as often as non-probationers. Cocaine use was more than four times as likely for probationers as for non-probationers. Heavy alcohol use was two and a half times as likely, and cigarette use was nearly three times as likely.

Although these data do show a relationship between probation and substance use, they do not confirm that being on probation causes an increase in the likelihood that a person will use licit or illicit substances. Many were placed on probation due to a substance abusing offense; it is possible that drug use decreased after being placed on probation. However, the fact remains that many of them are using illegal substances and abusing alcohol.

1. Bureau of Justice Statistics, 1997. Correctional Populations in the United States, 1995, NCJ-163916, page iii.

2. Bureau of Justice Statistics, 1998. Substance Abuse and Treatment of Adults on Probation, 1995, NCJ-166611.

3. Isaac, Peter C., Margaret Heatley, and Jodi Savoie. "Rates of Drug Detection in Urine Samples from Various Populations." Clinics in Laboratory Medicine, Vol. 10, No. 2, June 1990.

4. Bureau of Justice Statistics, 1997. Correctional Populations in the United States, 1995, NCJ-163916; Bureau of Justice Statistics, 1999. Correctional Populations in the United States, 1996, NCJ-170013.

5. Bureau of Justice Statistics, 1999. Correctional Populations in the U.S., 1996. Table 3.6. Note: The estimates include an iteration of probationers whose status was unknown at the end of 1996.

6. This is a rough estimate that adds those entering the probation system in 1996 to those in probation at the end of 1995 and then subtracts those who spend time in jail or prison in 1996.

7. Office of Applied Studies, SAMHSA, 1998. National Household Survey on Drug Abuse: Main Findings 1996, Tables 2.7 and 2.8. DHHS Publication No. (SMA) 98-3200, Rockville, MD: U.S.

SAMHSA, an agency in the Department of Health and Human Services, is the Federal Government's lead agency for improving the quality and availability of substance abuse prevention, addiction treatment, and mental health services in the United States.

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