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.