Why Risks and Needs Assessments should
Drive Placement of Offenders after Realignment - Leading national authority, Brian Lovins, speaks to effective alternative sentencing strategies designed to reduce jail overcrowding and to maximize the benefits of drug courts, mental health courts, and other collaborative courts.
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California problem solving court 2
1. What Works and What Does
Not With Problem Solving
Courts
Brian Lovins
Associate Director/UCCI
University of Cincinnati
5/9/2012
2. Evidence Based – What does it
mean?
There are different forms of evidence:
The lowest form is anecdotal evidence; stories,
opinions, testimonials, case studies, etc - but it
often makes us feel good
The highest form is empirical evidence – research,
data, results from controlled studies, etc. - but
sometimes it doesn’t make us feel good
2
3. Evidence Based Practice is:
1. Easier to think of as Evidence Based Decision
Making
2. Involves several steps and encourages the
use of validated tools and treatments.
3. Not just about the tools you have but also
how you use them
3
4. Evidence Based Decision Making Requires
1. Assessment information
2. Relevant research
3. Available programming
4. Evaluation
5. Professionalism and knowledge from staff
4
6. Principles of Effective Intervention
Risk Principle – target higher risk offenders (WHO)
Need Principle – target criminogenic risk/need factors
(WHAT)
Treatment Principle – use behavioral approaches
(HOW)
Fidelity Principle – implement program as designed
(HOW WELL)
7. Let’s Start with the Risk Principle
Risk refers to risk of reoffending
and not the seriousness of the
offense.
You can be a low risk felon or a
high risk felon, a low risk
misdemeanant or a high risk
misdemeanant.
8. Example of Risk Levels by Recidivism for a
Community Supervision Sample
10. Who Is More Likely to Reoffend?
1st time DUI 1st time DUI
Drinking at a bar with friends Drinking at a bar with friends
Crossed the double yellow Crossed the double yellow
line line
.12 BA .12 BA
Has a serious alcohol Has a serious alcohol
problem problem
Employed Unemployed
Has a driver’s license Driving w/o a license
States “The cop was just States “The cop was out to
doing their job” get me”
“It is not ok to drink and Everyone gets one DUI
drive” Family who engages in
Family that supports sober alcohol use on a regular
lifestyle basis
10
11. What Makes Offenders Higher Risk
If substance abuse is not highly correlated to
recidivism why do we see it so often?
We test for it
What would happen if we had a test for criminal
attitudes?
How about a test they took that said they are
hanging out with antisocial others?
11
12. Low Risk v High Risk
100%
increase in
recidivism
33%
reduction
in
recidivism
14. n
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b D
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m Ho lu em
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Treatment Effects For High Risk Offenders
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Probability of Reincarceration
24. Specialty Courts Have Tried…
Serving low risk & first time offenders
Providing “alternative” interventions like acupuncture
Selecting only those motivated to change
No tolerance policies
Ignoring inappropriate & illegal behavior
Solving social problems versus criminal problems
26. Basically Courts that …
Select motivated offenders
Train their staff well
Have contacts with the participants less often
Have a range of services
Do not mandate AA/NA
Address inappropriate behavior immediately
Provide on-going support services
Were more successful
Koetzel-Shaffer (2006)
28. Evidence-Based Principles for Effective
Interventions
1. Use a risk assessment instrument
2. Follow the risk and need principle
3. Address any barriers to success
4. Train offenders in new skills
5. Use of positive reinforcements
6. Build community supports for the offender
7. Measure outcomes
8. Quality assurance
28
29. Use a Valid Risk Assessment Instrument
to Predict Recidivism
30. Target a Broad Range of
Criminogenic Needs
Criminogenic
Antisocial attitudes
Antisocial friends
Personality factors
Lack of Employment
Lack of Education
Substance abuse
Antisocial activities
31. Major Set of Risk/Need Factors
1. Antisocial/procriminal
attitudes, values, beliefs and
cognitive-emotional states
33. Identifying Procriminal Attitudes, Values & Beliefs
What to listen for:
Negative expression about the law
Negative expression about conventional institutions, values, rules,
& procedures; including authority
Negative expressions about self-management of behavior; including
problem solving ability
Negative attitudes toward self and one’s ability to achieve through
conventional means
Lack of empathy and sensitivity toward others
34. Neutralization & Minimizations
Neutralization Techniques include:
Denial of Responsibility: Criminal acts are due to factors beyond the
control of the individual, thus, the individual is guilt free to act.
Denial of Injury: Admits responsibility for the act, but minimizes the
extent of harm or denies any harm
Denial of the Victim: Reverses the role of offender & victim & blames
the victim
“System Bashing”: Those who disapprove of the offender’s acts are
defined as immoral, hypocritical, or criminal themselves.
Appeal to Higher Loyalties: “Live by a different code” – the demands
of larger society are sacrificed for the demands of more immediate
loyalties.
(Sykes and Maltz, 1957)
35. Major set Risk/needs continued:
2. Procriminal associates and
isolation from prosocial others
36. Major set Risk/Needs continued:
3. Temperamental & anti social personality
pattern conducive to criminal activity
including:
Weak Socialization
Impulsivity
Adventurous
Pleasure seeking
Restless Aggressive
Egocentrism
Below Average Verbal intelligence
A Taste For Risk
Weak Problem-Solving/lack of Coping & Self-Regulation
Skills
37. Major set of Risk/Need factors continued:
4. A history of antisocial
behavior:
Evident from a young age
In a variety of settings
Involving a number and variety
of different acts
38. Major set of Risk/Needs
Continued:
5. Family factors that include criminality and a
variety of psychological problems in the
family of origin including:
Low levels of affection, caring and cohesiveness
Poor parental supervision and discipline
practices
Out right neglect and abuse
39. Major set of Risk/Needs
continued:
6. Low levels of personal
educational, vocational or
financial achievement
40. Leisure and/or recreation
7. Low levels of involvement in prosocial
leisure activities
Allows for interaction with antisocial
peers
Allows for offenders to have idle time
Offenders replace prosocial behavior
with antisocial behavior
41. Substance Abuse
8. Abuse of alcohol and/or drugs
It is illegal itself (drugs)
Engages with antisocial others
Impacts social skills
43. According to the American Heart Association, there are a number
of risk factors that increase your chances of a first heart attack
Family history of heart attacks
Gender (males)
Age (over 50)
Inactive lifestyle
Over weight
High blood pressure
Smoking
High Cholesterol level
46. Most Effective Behavioral Models
Cognitive behavioral approaches that target
criminogenic risk factors
Structured social learning where new skills and
behaviors are modeled
47. Skills Training
Behavioral and Cognitive-Behavioral Skills
Train, Model, Rehearse, and Practice new skill sets
Assist offender in making a positive change
48. Use of Positive Reinforcement
Use positive reinforcement to ensure acquisition of
new skills
Offender should be recognized for pro-social change
Verbal Praise + some tangible
49. Ratio of Rewards to Punishments and Probability of
Success on Intensive Supervision
90%
80%
Probability of ISP Success
70%
60%
50%
40%
30%
20%
10%
0%
1:10 1:08 1:06 1:04 1:02 2:01 4:01 6:01 8:01 10:01
Ratio of Rewards to Punishments
Widahl, E. J., Garland, B. Culhane, S. E., and McCarty, W.P. (2011). Utilizing Behavioral Interventions to Improve Supervision
Outcomes in Community-Based Corrections. Criminal Justice and Behavior, 38 (4).
50. Measure Progress in Treatment
Measure change in beliefs, attitudes, and values
Measure skills acquisition, not just compliance
measures
Build towards a comprehensive relapse prevention
plan
51. Continuous Quality Improvement
Modify individual practice to address responsivity of
the client
Learn from past successes and failures
Inform practice
52. Problem Solving Courts Can Improve
Program length – most are too long and completion
rates too low
Need to do a better job of assessment (cover all
criminogenic needs)
Target population – need to focus on higher risk
Provide or match to services to meet criminogenic
needs
Increase intensity based on risk
Use curriculum driven treatment (preferably CBT)
Include and structure aftercare