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Incentives and Sanctions: Delivering
the Science of Behavior Change in
the Courtroom
Behavior Change
NADCP 2017Shannon Carey
carey@npcresearch.com
Anne CaronHon. Peggy Davis
Hon. Stephen GossHon. Christine Carpenter
Purpose
What are the principles/best practices
in behavior change?
What does the judge need to know before seeing the participant?
How does the conversation go in court?
Overview
Purpose
What is the purpose of Sanctions?
What is the purpose of Incentives?
What other court responses are there?
Purpose
Treatment responses should be delivered by treatment professionals
Therapeutic Adjustments
Purpose
Why do any of this?
Purpose
To Change Behavior
“All Behavior is followed
by a consequence, and
the nature of that
consequence modifies
the organisms tendency
to repeat the behavior in
the future”
• B.F. Skinner
The Beginning
Positive
Reinforcement
Response
Cost
Negative
ReinforcementINCENTIVES
SANCTIONS
Basic Terminology
Increase a behavior
Decrease a behavior
1:1 ratio (Behavior and Consequence)
Reliable detection
(Detection allows the
gathering of information
needed by judge and team
to determine appropriate
response)
Certainty
• Urine drug testing at least twice per week*
• Random testing all 7 days
• Home visits (Extend supervision into natural
social environment - work, home, school, street,
cell phones)
• Include law enforcement on the team
• Case manager, supervision, treatment
*Or use continuous detection methods
Reliable Detection
Do Due Process
• Allow participants to explain
• Explain judge/team decision
• Be respectful (and expect respect)
• Have written incentive/sanction
guidelines
• Allow reasonable discretion
• The brain and decisions about
punishment
(Procedural Fairness)
Targeting
• Define behavior clearly for team and
participant (both bad and good)
• Point direction (describe positive
behavior you are looking for)
• Target the behavior not the person (be
respectful)
Targeting
Focus on Incentives
Number one incentive is acknowledgment of the judge (“Tinna Quee”)
Courts that typically impose jail longer than 6 days
have worse (higher) recidivism
Examples of I/S
Decision
Dollars
$
$
Fishing for Tangible Resources
Simple Incentive and Sanction
Guidelines
Samples
• Start with template, choose from NDCI list or your local options
• Ask participants
• Give choices
Violation Possible Sanctions Possible
Treatment/Other
Response
Goal: Obtain/Maintain Sobriety• Positive drug/alcohol
test
• Self-admitted use of
drugs/alcohol
Positive test/self-admitted
use (may vary based on
number of previous positives
and current context/issues
going on in individual's life)
o Re-assess treatment
o Thinking report
o Increased drug testing
o Overnight in jail
• Increase in level of
treatment
• Increase community
support meetings
• Increased UA/BA
• Drug Testing Sweat
Patch
• SCRAM (alcohol
monitoring device)
• Thinking report
Samples - Sanctions
Fair doesn’t mean the same
First things first
What does the judge need to know?
1. WHO are they in terms of risk and need?
2. WHERE are they in the program (i.e., what phase)?
3. WHICH behaviors are we responding to (and, are they proximal or distal)?
4. WHAT is the response choice and magnitude?
5. HOW do we deliver and explain the response?
What does the judge (and team) need
to know?
(Staffing and Before)
VIDEO
What does the judge (and team) need
to know?
(Staffing and Before)
During video, think about whether the judge:
• Is Respectful (e.g., use formal honorifics “Ms. Smith”)
• Allows the participant to speak
• Rapport/Trust
• Listens to the participant and picks up on new information worthy of attention
• Considers the collateral impact of the sanction (what is the impact?)
• Provides a clear explanation of behavior being sanctioned
• Provides a clear explanation of what to do instead
• Provides a learning experience for other participants
Delivery (Sanctions)
During video, think about whether the judge:
• Is Respectful
• Allows the participant to speak
• Rapport/Trust
• Listens to what the participant says and picks up on new information that is worthy of praise
• Provides a clear explanation of behavior being incentivized
• Provides a learning experience for other participants
Delivery (Incentives)
Remember that
unaddressed co-occurring
disorders may impede the
client’s ability to
understand your
expectations
Repeat as needed
Normal methamphetamine addict 15 months post
abstinence
Patience: we are in this for the long haul.
Readings
Burdon WM et al (2001). Drug courts and contingency management. Journalof Drug Issues, 31, 73-90.
Harrell A & Roman J (2001). Reducing drug use and crime among offenders:The impact of graduated sanctions. Journal of Drug Issues, 31, 207-232.
Marlowe DB (2007). Strategies for administering rewards and sanctions. In JELessenger & GF Roper (Eds.), Drug courts: A new approach to treatment andrehabilitation (pp. 317-336). New York: Springer.
Marlowe DB (2008). Application of sanctions. In Drug Court QualityImprovement Monograph. Alexandria, VA: NDCI.
Marlowe DB & Wong CJ (2008). Contingency management in adult criminaldrug courts (pp. 334-354). In ST Higgins, K Silverman & SH Heil (Eds.),Contingency management in substance abuse treatment. New York: Guilford.
Marlowe DB (2011). Applying incentives and sanctions. In The drug courtjudicial benchbook (pp.139-157). Alexandria, VA: NDCI.
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