REENTRY RECIDIVISM AND REFORM

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1 REENTRY RECIDIVISM AND REFORM Presented by: Brenda Westberry Westberry Consulting PRISON REFORM???? May 30, NEIAS_SUMMER18 1

2 OBJECTIVES Identify Risk Need and Responsivity principles of effective supervision. Analyze and practice techniques that improve 1:1 communication exchanges with members of the criminal justice work group. Identify cognitive behavioral strategies that address dynamic risk factors and lead to shaping offender behaviors. Evaluate evidence based practices that have been successful in working with offenders at the state and federal level in community supervision. 3 HEADLINE NEWS- REFORM (Washington)The House by an overwhelming vote passed a bipartisan reform bill Tuesday that provides more education for federal prisoners and gives them a second chance after their release. Missing from this piece of legislation is the crucial issue of sentencing reform as distinct from prison reform. While prison reform deals with how people who are already incarcerated are treated and may give them some faster pathways out, sentencing reform is the piece of the puzzle that dictates how many new people are going into prison and for how long. By a vote of 16-5, and amid protests the Senate Judiciary Committee backed the Sentencing Reform and Corrections Act, a package to reduce some of the strictest federal sentencing rules along with reforms for the federal prison system. 4 NEIAS_SUMMER18 2

3 POLICE, COURTS, CORRECTIONS -3 PHASES OF THE CRIMINAL JUSTICE SYSTEM Every interaction within the criminal justice system offers an opportunity to contribute to harm reduction. law enforcement officer at the point of arrest, pretrial officer at assessment, judicial officer on the bench. Systems achieve better outcomes when they operate collaboratively at the individual, agency, and system levels Establishment of policy teams and operational protocols that define how others will be consulted and decisions made. 5 SECOND CHANCE ACT Signed into law on April 9, 2008, the Second Chance Act (P.L ) was designed to improve outcomes for people returning to communities from prisons and jails. This first-of-itskind legislation authorizes federal grants to government agencies and nonprofit organizations to provide employment assistance, substance abuse treatment, housing, family programming, mentoring, victims support, and other services that can help reduce recidivism. 10 Years later: 2018: Science of Recidivism Reduction is better understood Evidence based policies are more common Business Community now involved: CVS, Best Buy, Pepsi 6 NEIAS_SUMMER18 3

HOW MUCH IS SPENT ON INCARCERATION NATIONAL-STATE LEVEL Of the $80 billion spent on supervision, confinement, and rehabilitation for those convicted and accused, only 10 percent of funds came from

4 HOW MUCH IS SPENT ON INCARCERATION NATIONAL-STATE LEVEL Of the $80 billion spent on supervision, confinement, and rehabilitation for those convicted and accused, only 10 percent of funds came from the federal government. The majority (57 percent) of the funds were spent by state governments, while the remaining 33 percent came from local governments. The report's total of $80 billion in 2010.(Hamilton Project at the Brookings Institution) In Massachusetts: Spending for the Department of Correction and the 14 county sheriffs offices outpaced inflation and rose 18 percent from 2011 to 2016, reaching $1.2 billion. The prison population, which was at its peak in 2011, declined by 3,000 inmates, or 12 percent, in those same years. (The Massachusetts Institute for a New Commonwealth. MassINC.) 7 8 NEIAS_SUMMER18 4

5 MASSACHUSETTS INCARCERATION The MA DOC s most significant decline in its prison population over the past 10 years has been in the last 5 years. Since 2012, the jurisdiction population experienced a 19% decrease (11,723 in 2012 compared to 9,496 in 2017). Over the last decade ( ), the total prison population (MA jurisdiction) decreased 16%, based on a snapshot of the first of January of each year. This is largely a reflection of the male criminally sentenced population, comprising 87% of the MA DOC population NEIAS_SUMMER18 5

6 MASSACHUSETTS INCARCERATION CON T While the numbers of inmates in the MA DOC s population have been decreasing those who remain, and continue to be sentenced to MA DOC, have arguably more deficits and challenges in terms of education, employability, criminogenic thinking, mental health, and substance abuse problems. The concentration among MA DOC inmates levels of risk to recidivate remain among those in the moderate to high ranges. MA DOC Prison Population Trends DISCUSSION QUESTIONS 1. How does imprisonment benefit society? 2. Does confinement outweigh benefits achieved from rehabilitation? 3. How can prisons be criminogenic while also being able to deliver programming to prisoners that successfully reduces recidivism? 12 NEIAS_SUMMER18 6

7 Rose DR, Clear TR. Incarceration, social capital, and crime: Implications for social disorganization theory. Criminology. 1998;36: PUBLIC SAFETY OR JUSTIFIABLE CONSEQUENCE? Collateral consequences of criminal conviction are civil disabilities imposed by local, state, and federal lawmakers and sometimes by administrative bodies. They are distinct from the direct consequences of criminal convictions, such as a criminal record, fines, probation, and prison, and are often premised on the need to protect public safety once an offender is released. There are over 46,000 collateral consequences at the state and federal level, with 60%-70% related to employment, which stifle opportunities for success. 14 NEIAS_SUMMER18 7

8 CRIMINOGENIC RISK FACTORS Existing research has shown that programs can significantly lower recidivism when they address the known risk factors for reoffending and are delivered with integrity. Because decades of evidence have consistently shown that risk assessment tools perform better than professional judgment in predicting how offenders will behave in prison and in the community following their release, corrections agencies should continue to ramp up their use of these tools to achieve more effective prison reform. 15 Big 8 Criminogenic Needs History of Anti-Social Behavior Anti-Social Personality Anti- Social Values and Attitudes Anti- Social Peers Substance Abuse Dys. Family Relations Education/ Employment Leisure 16 NEIAS_SUMMER18 8

9 OFFENDER S DIFFICULTIES WITH POST-RELEASE EXPERIENCE harsh realities strangeness of re-entry unfamiliar world friends? relationships? new decisions barriers to success close monitoring civil disabilities job impediments collateral consequences unmet personal needs money job education medical attention 17 GAMBLING WHILE INCARCERATED Typically about 40% of prisoners in research samples report gambling while incarcerated and many seem to gamble frequently. Gambling takes many forms, including card games, bingo, sports betting, and betting on occurrences within prison. Participants may gamble for money, cigarettes, commissary items, food, specific tasks, or sexual favors. Severe violence may occur when debts are not paid. Large numbers of prisoners across diverse geographic locations have gambling problems, and that these problems tend to go unrecognized and untreated by professionals in the correctional system. Far more often than not, attention is focused on criminal behavior itself, while in many cases its precursor, compulsive gambling, remains hidden and untreated. (Dr. D J Williams Independent Researcher, Los Angeles, CA. New Research on Prisoner Gambling: Correctional Considerations and Implications for Re-entry) An estimated 2.2% of Massachusetts adults (115,186 citizens) are believed to manifest a gambling disorder 18 NEIAS_SUMMER18 9

10 RESEARCH FINDINGS Supervision approaches that engage the offender in a collaborative change process and provides evidence-based treatment have been correlated with recidivism reduction. (Taxman, 2006) 19 QUESTION Do High Recidivism Rates Correlate With Addiction or Lack of Treatment? 20 NEIAS_SUMMER18 10

Treatment and Recidivism Study: Andrews, D.A. & Bonta, J. (2006) The Psychology of Criminal Conduct (4th Ed.

social personality disorder lack full development of the pre-frontal cortex.

Lack of full development from substance use will impact appropriate judgment, decision making, impulsivity,

11 Treatment and Recidivism Study: Andrews, D.A. & Bonta, J. (2006) The Psychology of Criminal Conduct (4th Ed.), Newark, NJ; Anderson LINK OF EFFECTIVENESS 21 BRAIN CHANGE Research indicates that individuals with anti social personality disorder lack full development of the pre-frontal cortex. Substance use causes brain chemistry changes in pre-frontal cortex and limbic areas. Lack of full development from substance use will impact appropriate judgment, decision making, impulsivity, emotional regulation, and social dynamics. The individuals environment and family history also has an impact on criminality and substance use. 22 NEIAS_SUMMER18 11

12 CRIMINOGENIC NEEDS Anti-social attitudes, beliefs, values: ØRationalization everybody does it, so what s the problem, I have the right to do what I want. ØMinimization nobody got hurt, so it s OK, they got insurance. ØDenial of responsibility I was framed, I ve already been punished enough. ØCriminal thinking I m too smart to get caught. ØAnti-social associates well, you see, my buddy knew this guy. ØLow levels of educational/vocational achievement. ØPoor self-control/self-regulation I got frustrated with my PO, so I said to hell with it. ØSubstance abuse. 23 CRIMINAL THINKING STYLES 1. Molification/Making Excuses 2. Cutoff/Ignoring Responsible Action 3. Entitlement/Feeling Above the Law 4.Power Oreintation/Asserting Power over others 5. Sentimentality/Self Serving Acts of Kindness 6. Super Optimism/Getting Away with Anything 7. Cognitive indolence/lazy Thinking 8. Discontinuity/Getting Sidetracked These styles come across two composite scales: Proactive and Reactive 24 NEIAS_SUMMER18 12

Learned Responses to Criminal Thinking 25 EIGHT CORE PRACTICES 1. Assess Risk, Needs and Strengths 2. Build a Supervision Alliance 3. Enhance Motivation 4. Develop a Case Plan 5.

13 Learned Responses to Criminal Thinking 25 EIGHT CORE PRACTICES 1. Assess Risk, Needs and Strengths 2. Build a Supervision Alliance 3. Enhance Motivation 4. Develop a Case Plan 5. Target Criminogenic Needs 6. Establish Behavioral Reinforcements 7. Focus on Behavior Change 8. Demonstrate Pro-Social Modeling and Develop Pro-Social Networks 26 NEIAS_SUMMER18 13

14 TREATMENT MODELS THAT ARE RESEARCH SUPPORTED Targeting High Risk Offenders Aggression replacement training Reasoning and Rehabilitation programs Thinking for a change program Controlling anger and learning to manage it(calm) Treating alcohol dependence programs Motivational Enhancement Therapy Interpersonal Communication skills therapy Multi-dimensional Family Therapy Functional Family Therapy Pathways to Change program Cognitive Self Change Program Cognitive Behavioral Therapy 27 TYPES OF OFFENDER ASSESSMENTS There are basically five types of assessments that are used by most mental health professionals that specialize in treating criminal justice clients regardless of their offense which include: A basic evaluation used to collect historical data. Risk Assessment used to identify the risk potential for the client to reoffend. Treatment needs assessment. Treatment progress assessment. Recovery assessment plan. 28 NEIAS_SUMMER18 14

15 ACCESS ACTUARIAL RISK 1. Assessing offenders' risk and needs Focusing on dynamic and static risk factors and criminogenic needs at the individual and aggregate levels is essential for implementing the principles of best practice. 2. Enhance Intrinsic Motivation Research strongly suggests that "motivational interviewing" techniques, rather than persuasion or interrogation tactics, effectively enhance motivation for initiating and maintaining behavior changes. 29 TARGETED 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, gender, and culture when assigning to programs. Dosage - Structure 40% to 70% of high-risk offenders' time for 3 to 9 months. Treatment Principle - Integrate treatment into full sentence/sanctions requirements. 30 NEIAS_SUMMER18 15

16 RISK NEED RESPONSIVITY FACTOR The Risk-Need-Responsivity model states that the risk and needs of an offender should determine the strategies appropriate for addressing the individual s criminogenic factors. Risk Principle: Match level of service to the defendant s risk of re-offending. Based on static factors and dynamic factors. Example: High risk defendants should receive more intensive intervention; low risk should receive no/minimal intervention. 31 RISK NEED RESPONSIVITY (CON T) NEED PRINCIPLE: Assess criminogenic needs and target them in treatment. Criminogenic needs are dynamic (changeable) risk factors that are proven through research to affect recidivism. RESPONSIVITY: Maximize the offender s ability to learn from a rehabilitative intervention by providing cognitive behavioral treatment and tailoring the intervention to the learning style, motivation, abilities, and strengths of the offender. 32 NEIAS_SUMMER18 16

17 DOSAGE RISK EXERCISE ADULT CASES DURATION INTENSITY Identify: Low, Moderate, Moderate/High, High Risk 33 ASAM AMERICAN SOCIETY OF ADDICTION MEDICINE The ASAM criteria is most widely used and comprehensive set of guidelines for placement, continued stay and transfer/discharge of patients with addiction and cooccurring conditions. The disease model of addiction describes an addiction as a disease with biological, neurological, genetic, and environmental sources of origin. The traditional medical model of disease requires only that an abnormal condition be present that causes discomfort, dysfunction, or distress to the individual afflicted. Through this strength-based multidimensional assessment the ASAM criteria addresses the patient's needs, obstacles and liabilities, as well as the patient's strengths, assets, resources and support structure. 34 NEIAS_SUMMER18 17

USING THE ASAM CRITERIA Benefits for Offenders: Become active participants in their own care Learn about, anticipate and understand treatment options and protocols Use the ASAM criteria s six

18 USING THE ASAM CRITERIA Benefits for Offenders: Become active participants in their own care Learn about, anticipate and understand treatment options and protocols Use the ASAM criteria s six dimensions, or life areas, to better understand how risks and strengths, skills and resources in one life area can affect another Benefits for you: The ASAM criteria provides a holistic approach for determining individualized and outcome-driven treatment plans for patients. Using the Criteria as a guide, practitioners can: Assist a patient from assessment through treatment Work with the patient to determine goals Help rank and rate all the patient s risks, using the Criteria s multidimensional approach to determine where to focus treatment and services Determine intensity and frequency of service needed using the Criteria s detailed guides to levels of care NEIAS_SUMMER18 18

19 REDUCING RECIDIVISM? 1. Risk Assessment Instruments 2. Correctional Intervention 3. Community Supervision In 2011, there were 1.7 million discharges from substance abuse treatment programs; of these, 34.4 percent came to treatment through a referral from the criminal justice system. Among criminal justice treatment referrals who were then discharged from treatment (referred to as criminal justice discharges), the most common reason for discharge was treatment completion (47.4 percent). 37 THE SPIRIT OF MI MI is an interpersonal style MI is more than just a group of techniques Motivation is elicited not imposed Direct persuasion is not effective in resolving ambivalence It is the offender s task to resolve ambivalence, not the helper s Readiness to change can be a product of interpersonal interaction 38 NEIAS_SUMMER18 19

20 HANDLING RESISTANCE WITH REFLECTIONS Active listening has five components: Testing understanding Questioning Building Feedback Summarizing 39 PROBATION-COMMUNITY CHANGE AGENT An occupation may lay claim to being a profession only to the extent that its practices are based on research, knowledge, training and expertise-a triumvirate that promotes the possibility that what it does can be effective (and that) the standards of service delivery have been established. Latessa, Cullen and Gendreau Beyond Correctional Quackery 40 NEIAS_SUMMER18 20

21 SMART-BJA PROGRAM PROBATION SERVICES The Smart Probation Program (SPP) seeks to improve probation success rates, which would in turn improve public safety, reduce admissions to prisons and jails, and save taxpayer dollars. Funds can be used to implement evidencebased supervision strategies and to innovate new strategies to improve outcomes for probationers. The key component of many of these initiatives is reliable monitoring of drug use through regular drug tests, combined with the consistent application of swift, certain, but modest penalties for those who use drugs and continue their criminal behavior. These programs show that long stays in prison or jail are not necessary to prevent new drug-related offenses or probation violations. 41 READ MORE SEE MORE National Reentry Resource Center Prison Policy.Org Samhsa.gov Themarshallproject.org Csgjusticecenter.org Minorityhealth.hhs.gov Helpforfelons.org Prisonfellowship.org Vera.org Sentencingproject.org 13 th Video Mothers of Bedford Central Park Five The House I live In Voices of Hope (miniseries) Dignity for Incarcerated Broken on All Sides 42 NEIAS_SUMMER18 21

CRIMINAL THINKING AND ANTISOCIAL LOGIC

CRIMINAL THINKING AND ANTISOCIAL LOGIC PRESENTED BY: BRENDA WESTBERRY SCHOOL OF BEST PRACTICES WATERVILLE VALLEY, NH. AUGUST 2018 EMAIL: BRENDA.WESTBERRY@YAHOO.COM OBJECTIVES ü ü ü ü ü THE PARTICIPANT