Responding to Violations Through Evidence-Based

Practices

Presented to The Ohio Justice Alliance for Community CorrectionsLori Francescon – Franklin County Adult Probation

Michael Anderson & Brigid Slaton – ODRCPhillip Nunes – Volunteers of America of Greater Ohio

October 12, 2012

Why do we need to be concerned about responding to violations?

The United States has a significant problem with local jails and prison overcrowding

Local jails and state prisons need to curb new intakes, most notably for technical violations

Typically, prison is not the solution Evidenced suggests that positive

and negative reinforcers should be applied to enhance behavior change

Ohio’s Statistics

On October 1, 2010, the ODRC reached a recent high inmate population of 51,273

As of Sept 2012, the inmate population was 49,430.

38,630…the number our prisons are designed to hold today in Ohio

127%.......current inmate population relative to capacity

HB 86 reforms expected to reduce the prison population by 2,000-3,000 by FY 2015

In 1989 our prison system in Ohio was at 28,076 Goal….To reduce the prison population to

48,000 by July 1, 2013 while maintaining public safety

Ohio Department of Rehabilitation and

Correction

Prior to Violations:

Use validated risk assessment (ORAS)

Develop tailored case plan Target risk factors Proactive approach is

ideal=reduce risk that can lead to violation behavior

When addressing violations:Adhere to a timeframe Ten day window to respond to

violation behavior Take risk level into

consideration Response should address

violation behavior and consider severity

Use progressive sanctions

ODRC- Adult Parole Authority Introduced a sanction grid to

increase consistency (2005) Grid incorporates risk Provides more opportunities for

progressive sanctioning Variety of evidence based sanctions

to address the violation behavior (direct service, community providers, etc)

Sanction GridAdult Parole Authority

Emphasizes consistency in responding to violation behavior

Good for tracking violations Takes severity into consideration Decision making tool Can override- grid is a guide Tool for officers, supervisors, and

regional administrators

Grid Premise Keep offenders who commit non violent

violations in the community longer through community based sanctions

Incorporates the Parole Board prior to administrative hearing

Higher risk offenders who commit high level violations get fewer opportunities in the community

Low risk offenders who commit low level violations are given many chances to modify behavior

Evaluation of grid Does increase consistency as

intended Programming sanctions contribute

to more favorable outcomes Surveillance sanctions have no

favorable impact on outcomes Risk and need principle should be

adhered to- low risk offenders should be on minimal reporting and high risk offenders should receive more interventions

Brian Martin and Steve VanDine- ODRC through NIJ grant

APA Responses Programming HWH Reporting Direct Services/T4C Risk/needs principle EBP Tools/Carey GuidesAdministrative Hearing

Violation Hearing StatisticsODRC Statistics

FY 2009 2,794 FY 2010 848 FY 2011 953 FY 2012 1,042

Reduction in Violation Hearings

Factors to Consider Risk Score Violation Behavior Previous Sanctions & Compliance Support in the Community Obstacles to overcome Adult Parole Authority Attitude of Offender

Responses Parole Board Increase in the duration of the

term of supervision (PRC only); Electronic monitoring Revocation of release Imposition of Prison Term

Sanction Monitored Time upon expiration

of the available Prison Term Sanction

Responses Parole Board Termination of post release

control upon expiration of all available prison sanction time

Halfway House Community Based Correctional

Facility Continued under supervision

Community Based Correctional Facility Pilot began in 2009 at Rivercity

CBCF Working Agreement with each

facility EBP programming versus prison

with no programming No pending criminal charges Moderate, High and Very High

Risk Attitude

Parole Board Summons Graduated Sanction utilized by

supervising officer Review EBP tool already issued Issue Homework Emphasize & support parole

officer “last chance agreement”

Efforts to Reduce Violation Behavior

Measuring recidivism rates by region and unit

Providing staff with evidence based tools and techniques- MI, EPICS, T4C

Regions are incorporating strategies to adhere to risk/need principles, increase family involvement, and incorporate the use of positive incentives

EBP Outcome MeasuresCalendar Year 2012 Statewide

Data:

Family Involvement (FI) = 39,145Positive Incentives (PI) = 37,914EBP Tools Utilized = 15,321

Recidivism Data

3 year recidivism data for Post Release Control offenders released in 2008:

Tech return rate = 7.89% 6.9% points since 2004 New Crime rate = 26.12% 4.28% points since 2004 Total Return rate = 34.01% 11.18% points since 2004

Franklin County Adult Probation Department

Franklin County Adult Probation Department“THE BIGGEST CHALLENGE IN ADOPTING BETTER INTERVENTIONS ISN’T IDENTIFYING THE INTERVENTIONS WITH THE BEST EVIDENCE, SO MUCH AS IT IS CHANGING OUR EXISTING SYSTEMS TO APPROPRIATELY SUPPORT THE NEW INNOVATIONS”

Source: Crime and Justice Institute; Implementing EBP in Community Corrections April 30, 2004

Eight Evidence-Based Principles for Effective Interventions

*Crime and Justice Institute April 20, 20041. Assess Actuarial Risk/Needs2. Enhance Intrinsic Motivation3. Target Interventions -Risk Principle: Prioritize supervision and treatment resources for higher risk

offenders-Need Principle: Target interventions to

criminogenic needs- Responsivity Principle: Be responsive to temperament, learning style, motivation culture and gender when assigning

programs-Dosage: Structure 40-70% of high risk offenders

time for 3-9 months-Treatment: Integrate treatment in to the full

sentence/sanction requirements

Eight Evidence-Based Principles for Effective Interventions

4. Skill Train w Directed Practice5. Increase Positive

Reinforcement6. Engage Ongoing Support in

Natural Communities7. Measure Relevant

Processes/Practices8. Provide Measurement

Feedback

Principles of Cognitive Behavioral Programming Thinking Affects Behavior Anti-social, distorted, unproductive,

irrational thinking causes anti-social or unproductive behavior

Thinking can be influenced and changed

We can change how we feel and behave by changing what we think

Thoughts---Feelings---BehaviorsUniversity of Cincinnati Facilitator Training in CBT

Tools for Changing Behavior Cost-Benefit Analysis

weigh pros/conspositive reinforcements/negative consequences

Thinking Reportslink thoughts and behaviorsidentify triggers

Functional Analysisteach offender to assess, manage and evaluate

attempts to change behavior Skill Building

Role playingCognitive Behavioral curriculums

EQUIP Getting Motivated to Change

Carey GuidesEPICS

University of Cincinnati, Facilitator Training in CBT

Responding to Non-Compliance/ViolationsAdministrative Hearings:

An informal hearing between the probationer and a Classification Manager in order to sanction or provide guidelines to insure compliance with the conditions of supervision.

It is an alternative to revocation proceedings when lesser alternatives have been exhausted or ineffective and/or when a probationer is in violation of the rules of probation.

Administrative Hearings

HISTORY– 1997- Initiate to address minor

violations Reduce docket and streamline

consistency– Probation Violations filed w the court

for RevocationFranklin County Common Pleas Court

= 12 judges/ 12 philosophies(currently 17

judges)

Administrative Hearings(history cont)

2004 Improved the process to include a

waiver and 3 day notice of hearing and violations

- comply with Morrissey vs. Brewer, Gagnon V.

Scarpelli Incorporate EBP into supervision

strategies

Responding to Violations

Staffing Technical violations Arrest

Administrative Hearings Office Hearings Jail Hearings

Recommendations submit to court for approval

Franklin County Adult Probation Administrative Hearing Notice

I have been notified by the Franklin County Adult Probation Department that I allegedly violated my community control sanctions/Intervention in Lieu of Conviction following my conviction/LLC for instant offense.

I understand that I have the right to have my violations heard before the court. I also have the right to agree to an Administrative Hearing before the Franklin County Adult Probation Department. I have the right to attorney representation in either hearing.

I understand that if I agree to an Administrative Hearing before the Franklin County Adult Probation Department, my community control /Intervention in Lieu of Conviction conditions may be modified upon approval from the Judge, with additional conditions/sanctions than were originally ordered by the court.

If at the conclusion of the Administrative Hearing, I disagree with any additional conditions/sanctions recommended, I may still request to have a court hearing before the Judge.

I fully understand my right to a court hearing and my right to be represented by an attorney. Instead of a court hearing, I voluntarily agree to proceed with an Administrative Hearing before the Franklin County Adult Probation Department

________________________ ______________________Probationer Attorney

I voluntarily agree to proceed with an Administrative Hearing before the Franklin County Adult Probation Department without an attorney present.

__________________________ _____________________________Probationer Classification Manager

Franklin County Adult Probation Administrative Hearing Form and Waiver You are ordered to appear on 12/21/2010, at 09:30 AM. The hearing will be conducted at the Franklin County Adult Probation Department. You may

have this hearing postponed for good cause. You have the right to be notified in writing of this hearing at least three days before the hearing. You may waive this right if you so desire.

Waiver of Three Day Service: __________________________________________________ Signature Date Date: 11/19/2010

– Probationer: PDNO: 94515 P.O.: Catherine Scott Judge: David Fais

– Open Cases 09 CR 2281 Theft F5– Placement Date was 1/28/2010 Scheduled Termination Date is 1/27/2015– Court Conditions Completed: No– Court Conditions: Chemical Dependency Evaluation, Compact Conditions, Court Costs,

No New Law Violations, Obtain/Maintain Employment, Random Drug Screens, Restitution

– Jail Time Credit: 0 days-Sentencing Financial Obligation: $218.00-ct. costs– Last Payment : 3-18-10 $12,300.74-rest.– Verified Employment: No $12,518.00-total– Reason For Review:– Failure to Comply: The defendant has failed to make any payments towards his court

costs or restitution since 3/10. The defendant has failed to undergo a drug/alcohol assessment.

AGREEMENT/RESOLUTION: The defendant was present for an administrative hearing on this date. Due to the violation(s) as stated above, the following recommendation/sanction shall be imposed upon the Judge’s approval:

– Recommended Additional Conditions: The defendant shall undergo a drug/alcohol assessment and follow any recommended aftercare. The defendant shall obtain/maintain verifiable employment. The defendant needs to pay at least $260.00 per month towards his costs until his costs have been PIF. He has agreed to pay at least $200.00 per month.

Probationer_________________________ Date________Classification Manager _______________________ Date_______

Administrative Hearings2011 Total Administrative Hearings=

1,594– Office Administrative Hearings =

1,092– Jail Administrative Hearings =

502Administrative Hearings

M-1 = 98 F-5 = 850 M-2 = 2 F-4 = 364 M-3 = 1 F-3 = 250 M-4 = 1 F-2 = 40

F-1 = 18

Evidence Based Practices in Criminal Justice Interventions within corrections

are considered EFFECTIVE when they REDUCE offender RISK and subsequent RECIDIVISM and therefore make a POSITIVE LONG TERM contribution to PUBLIC SAFETY

Justice Institute; April 30, 1994

Volunteers of America of Greater Ohio: Responding to Violations

Background: Volunteers of America of Greater

Ohio has several sites:– Mansfield: 130 bed capacity

community corrections facility– Dayton: 128 bed capacity

community corrections facility– Cincinnati: 150 bed capacity

community corrections facility

Populations Served Transitional Control Offenders at all

three sites Direct Court Placements within 32

county catchment areas Adult Parole Authority Sanctioned

Offenders (probation / parole and PRC) County Probation Sanctioned

Offenders

Staff Training on Effective Disapproval In October 2010 conducted first training with

all staff at all three sites on effective disapproval and the need to improve creating an environment of change. This included….

As employees working in a community “correctional” environment we must move away from the stereotypical roles of correctional punishers to viewing ourselves as “agents of change”. We must achieve this through effective role modeling and rewarding behaviors to reinforce pro-social actions.

Changing Environment Training:

We must create an environment that is geared towards repetitive reinforcement of positive or pro-social behaviors…this can only be achieved by reinforcing such behavior.

In changing our environment towards reinforcing behavior on a regular basis, we will find ourselves having to punish less and create a more positive environment for our staff and clients to work / live in.

Quality Model Qualifications of Staff for Effective Environment Training: Personable Objective Collaborative Competent Reward pro-social behaviors Punish anti-social behaviors Demonstrates pro-social behaviors and

attitudes

High Quality Relationships Improve Likelihood of Behavior Change Training Behavior is reinforced through

environmental cues Demonstrate respect Demonstrate enthusiasm Demonstrate concern Teach Reward Punish

Rule Violations and Reward Reporting All Staff are required to write incident

report for non-discretionary moderate to high risk violations. (Some discretion for minor offenses such as unmade bed…etc)

All Staff are required to write reward reports on those clients who have done something above and beyond that requires recognition.

Behavior Review Committee In 2010 established a Behavior

Review Committee who reviews all reward and incident reports – Rewards where appropriate– Serving as Due Process Format, if

needed– Allows those who are having

difficultly to appear in front of the BRC to present and receive feedback

Sanctioning Processes In 2010 we adopted the 100 point

(current) Transitional Control Sanction Grid for all populations served

Currently, those clients who receive 50 points, we are to have a probation / parole officer come in to have an intervention with client and assigned case worker, (except Transitional Control Offenders

Offenders can also equally have point deductions for positive pro-social behaviors

Types of Rewards Examples: Reward Sack Meals (extra meals beyond

required 3) BBQ / Cookouts for Residents earning Pizza Party for qualifying clients Non Tangible Praise Point Reduction Special or Extended Visitation Time Extra Pass Hours Accelerated Level System Moves Accelerated Release Dates (Except for TC)

Types of Rewards Examples.. Recreation Passes with approved family Can order in delivered food at set times /

days Phone pass to use agency phone Recreation outings Sleeping in Note: VOAGO uses commissary funds to

purchase rewards for client. Note: All rewards are attempted to be

tailored to what is deemed a reward by the client

Behavior Management Contracted with University of Cincinnati in

2010 to revamp all programs and curriculums Currently in final processes approving more

in depth Behavior Management Plan to include:– Improve Consistency of Reinforcers and Sanctions– Aligning with pending new TC Behavior Plan in

concert with ODRC– Continue to develop and streamline level

progression based on behavior assessments and rewards

– Enhancing Rewards List– Streamline eligibility criteria for reinforcers

QUESTIONS???????????

Contact information

Lori Francesconlori_francescon@fccourts.org

Michael Andersonmichael.e.anderson@odrc.state.oh.us

Brigid Slatonbrigid.slaton@odrc.state.oh.us

Phillip Nunesphillip.nunes@voago.org