The Prosecutors 45 Minute Guide to Community Supervision

Jane Seigel, Executive Director, IJC

Objectives: 1. EBP Overview– learn about the principles of

effective interventions

2. Risk Assessment– learn about Indiana’s risk assessment systems (IRAS & IYAS)

3. Incentives and Sanctions– learn about Indiana’s project to implement incentives and sanctions in probation supervision

4. Problem-Solving Courts– learn about Indiana’s problem-solving court model and statutes/rules

5. Interstate Compacts– learn about the adult and juvenile Interstate Compacts for offender supervision

Overview of Evidence-Based Practices What is EBP?

Evidence-based practice is a significant trend through all human services that emphasizes outcomes

Interventions within community corrections are considered effective when they reduce offender risk and subsequent recidivism and therefore make a positive contribution to public safety

-from “Implementing Evidence-Based Practice in Community Corrections: The Principles of Effective Interventions”

There are 8 Principles of Effective Offender Interventions

1. Assess actuarial risk/needs 2. Enhance intrinsic motivation 3. Target interventions– risk, need,

responsivity, dosage 4. Skill train w/ directed practice (CBT methods) 5. Increase positive reinforcement 6. Engage ongoing support in natural

communities 7. Measure relevant processes/practices 8. Provide measurement feedback

Additional resources on EBP

National Institute of Corrections websitewww.nicic.gov/ReducingRiskResearchSources

“Using Research to Promote Public Safety: A Prosecutor’s Primer on Evidence-Based Practice”, by Jennifer Fahey 2008

“Evidence-Based Practice to Reduce Recidivism: Implications for State Judiciaries”, by Roger Warren 2007

Assess Risk & Need Risk assessment is the cornerstone of EBP What is risk?

Risk of recidivism (re-offense) High risk offender populations are more likely to

recidivate Low risk offender populations are less likely to recidivate

Higher risk offenders should receive more intense services, treatment and supervision

Targeting lower risk offenders for intensive services, treatment and supervision can increase their risk and failure rates

What is need?

Need refers to “criminogenic needs”– dynamic risk factors, that when addressed or changed, affect the offender’s risk for recidivism

Criminogenic needs are characterized as “primary” and “secondary” Primary: antisocial attitudes, values, beliefs; pro-

criminal peers and associates; antisocial personality Secondary: family and marital relationships;

education and employment; substance abuse; leisure and recreation

Indiana’s Risk Assessment Systems Creates a system that expands as the

offender moves deeper into the system at different decision points For adults (IRAS) and juveniles (IYAS)

Provides quick review of risk upfront, with case planning capacity for longer assessments

Public Domain

Normed/validated on Ohio/Indiana samples

Benefits and Goals of Assessment

Benefits Helps guide decision

making Helps reduce bias Improves placement of

offenders Helps better utilize

resources Helps you know if

offender has improved Can lead to enhanced

public safety

Goals To identify risk of

recidivism To identify criminogenic

needs To identify appropriate

offenders for programs To provide risk and

need levels for case planning

To facilitate reassessment to determine offender change

Assessments conducted by community supervision officers

Assessments consist of:

File review

Self-report

Interview with offender

Collateral information

Certification Process

All community supervision officers must:

Complete a two-day training

Pass an assessment exam

Pass a written exam

Important considerations in risk assessment

Offender assessment drives effective programs ………helps you know who & what to target

Design programs around empirical research ………helps you know how to target offenders

Program Integrity makes a difference

Incentives and Sanctions

Relates to Effective Intervention #5– Increase positive reinforcement

Research indicates that a ratio of 4 positive to every 1 negative reinforcement is optimal for promoting behavior changes incentives are used to encourage pro-social

behaviors (including compliance with court-ordered conditions and case management plans)

sanctions are used to discourage problematic/anti-social behaviors

Incentives and Sanctions Reinforcement is used in conjunction with swift

and certain sanctions for negative behaviors or violations

Reinforcement teaches offenders what to do; sanctions teach offenders what not to do

Behaviors that have been reinforced are more likely to be repeated in future

Behaviors that have been punished are less likely to be repeated in future

Indiana Incentives & Sanctions Project

IC 11-13-1-8 requires the Judicial Conference Board of Directors to set minimum standards for a “schedule of progressive probation incentives and violation sanctions”

IJC convened a workgroup to help develop the standards

Workgroup members included judges, prosecutors, public defenders and probation officers

Consultant for the project is the University of Cincinnati Corrections Institute

UCCI developed a “contingency management system” for probation officers to deliver incentives and sanctions to offenders on supervision

Officers administer the incentives and sanctions within the context of evidence-based risk/need assessment, integrated case plans, and service delivery Identification of target behaviors is critical to

effective implementation Target behavior is a narrow, discrete behavioral

problem that will be the focus of the intervention

Incentives & Sanctions pilot project 3 probation departments used the

contingency management system to test the feasibility of its use Allen adult, Lawrence and Pulaski

Each location developed their own list of reinforcers and sanctions

Feedback from both officers and offenders was positive regarding use of both incentives and sanctions

Next step for the project is a formal process and outcome evaluation

Problem-Solving Courts

The term “problem-solving court” generally refers to an alternative approach to traditional case processing that focuses on outcomes related to victims, offenders and society (Center for Court Innovation, 2001).

The goals of problem-solving courts are: reduce recidivism and criminal justice costs improve access to services and quality of life Increase public confidence in criminal justice

system

Problem-Solving Courts

Began in the 1990s to accommodate offenders with specific needs and problems that were not or could not be adequately addressed in traditional courts

Seek to promote outcomes that will benefit not only the offender, but the victim and society as well

Developed as an innovative response to deal with offenders' problems, including drug abuse, mental illness, and domestic violence

Problem-Solving Court Elements 1. Focus on Outcomes– reducing recidivism or

creating safer communities 2. System Change– promote reform in how the

government responds to problems such as drug addiction and mental illness

3. Judicial Involvement– judges take more hands-on approach

4. Collaboration– work with external parties to achieve certain goals (treatment providers)

5. Non-traditional roles– some problem-solving courts are less adversarial than traditional criminal justice processing

Indiana Problem-Solving Courts

Guided by IC 33-23-16

Problem-Solving Court Rules adopted by Judicial Conference of Indiana

Indiana Judicial Center provides training, technical assistance and certification

Types of PSC in Indiana

Drug courtsRe-entry courtsMental health courtsFamily drug courts (CHINS)Veterans courtsCommunity courtDomestic violence court

Interstate Compacts

The Interstate Commission for Adult Offender Supervision (ICAOS) governs the transfer of supervision for adult offenders across state lines

The Interstate Compact for Juveniles (ICJ) governs the transfer of supervision for juvenile delinquents across state lines and the return of runaways

ICAOS & ICJ

Promote public safety

Protect the rights of victims

Promote effective supervision and rehabilitation

Control the movement of offenders

Provide effective tracking

National Governing Bodies

All 50 states, the District of Columbia and US Virgin Islands are members of ICAOS and ICJ

The national commissions have rule-making authority and compliance enforcement authority Each state’s commissioner sits on the national

commission

Indiana Compact Legislation

Indiana’s compact legislation is IC 11-13-4.5

Adopts model legislation

Sets membership of State Council

Creates application fee for transfer

Indiana State Council Meets at least once per year; oversees compact

activities Members:

Executive Director of Indiana Judicial Center Commissioner of DOC Legislative appointment Executive Director of IPAC Executive Director of IPDC Executive Director of DCS Executive Director of ICJI Victim advocate Chair of Indiana Council of Juvenile & Family Court Judges Executive Director of Sheriffs Association

ICAOS Considerations for Sentencing

ICAOS impacts how offenders are: transferred to another state supervised over state lines returned to a sending state when offender violates

supervision

Applies to all offenders convicted of a felony offense and some misdemeanor offenses

What triggers ICAOS?

An eligible offender subject to supervision requests to relocate to another state

~there is no right of convicted persons to travel across state lines

A transfer of an offender is within the sole discretion of the sending state

Compact Tidbits

No travel prior to transfer reply Sending state determines the length of

supervision, the receiving state determines the degree of supervision (must be consistent with own offenders)

Victim notification and right to be heard Offenders agree to waive extradition rights

when apply for transfer Warrants issued by sending or receiving states

shall be entered in NCIC with national pick-up radius

Thanks to IJC staff members Michelle Goodman, Jenny Bauer and Mary Kay Hudson for their help putting together this presentation

Thanks to David Powell for the invitation to speak to you today

Thank you for your attention!