Why Risks and Needs Assessments should Drive Placement of Offenders after Realignment - Leading national authority, Brian Lovins, speaks to effective alternative sentencing strategies designed to reduce jail overcrowding and to maximize the benefits of drug courts, mental health courts, and other collaborative courts.

1. What Works and What Does
Not With Problem Solving
Courts
Brian Lovins
Associate Director/UCCI
University of Cincinnati
5/9/2012

2. Evidence Based – What does it
mean?
There are different forms of evidence:
 The lowest form is anecdotal evidence; stories,
opinions, testimonials, case studies, etc - but it
often makes us feel good
 The highest form is empirical evidence – research,
data, results from controlled studies, etc. - but
sometimes it doesn’t make us feel good
2

3. Evidence Based Practice is:
1. Easier to think of as Evidence Based Decision
Making
2. Involves several steps and encourages the
use of validated tools and treatments.
3. Not just about the tools you have but also
how you use them
3

4. Evidence Based Decision Making Requires
1. Assessment information
2. Relevant research
3. Available programming
4. Evaluation
5. Professionalism and knowledge from staff
4

5. PRINCIPLES OF EFFECTIVE
INTERVENTION

6. Principles of Effective Intervention
 Risk Principle – target higher risk offenders (WHO)
 Need Principle – target criminogenic risk/need factors
(WHAT)
 Treatment Principle – use behavioral approaches
(HOW)
 Fidelity Principle – implement program as designed
(HOW WELL)

7. Let’s Start with the Risk Principle
Risk refers to risk of reoffending
and not the seriousness of the
offense.
You can be a low risk felon or a
high risk felon, a low risk
misdemeanant or a high risk
misdemeanant.

8. Example of Risk Levels by Recidivism for a
Community Supervision Sample

9. Risk Factors
Primary Risk Factors
 Criminal (Antisocial) Attitudes
 Criminal Peers
 Antisocial Personality Characteristics
 Criminal History
Secondary Risk Factors
 Family
 Substance Abuse
 Employment
 Education

10. Who Is More Likely to Reoffend?
 1st time DUI  1st time DUI
 Drinking at a bar with friends  Drinking at a bar with friends
 Crossed the double yellow  Crossed the double yellow
line line
 .12 BA  .12 BA
 Has a serious alcohol  Has a serious alcohol
problem problem
 Employed  Unemployed
 Has a driver’s license  Driving w/o a license
 States “The cop was just  States “The cop was out to
doing their job” get me”
 “It is not ok to drink and  Everyone gets one DUI
drive”  Family who engages in
 Family that supports sober alcohol use on a regular
lifestyle basis
10

11. What Makes Offenders Higher Risk
 If substance abuse is not highly correlated to
recidivism why do we see it so often?
 We test for it
 What would happen if we had a test for criminal
attitudes?
 How about a test they took that said they are
hanging out with antisocial others?
11

12. Low Risk v High Risk
100%
increase in
recidivism
33%
reduction
in
recidivism

13. Reduced
Recidivism
Increased
Recidivism

14. n
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on A re n A ra
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b D
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24 25
m Ho lu em
Co ert se A Ch
Treatment Effects For High Risk Offenders
lb ou A C
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21 22
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Probability of Reincarceration

15. SO, WHAT HAVE WE TRIED?

16. Punish the Crime Out of Them

17. Scare the Crime Out of Them

18. Dance the Crime Out of Them

19. Run the Crime
Out of Them

20. Drum the
Crime Out of
Them

21. Meditate the
Crime Out of
Them

23. EVEN THE SPECIALTY
COURTS ARE NOT IMMUNE

24. Specialty Courts Have Tried…
 Serving low risk & first time offenders
 Providing “alternative” interventions like acupuncture
 Selecting only those motivated to change
 No tolerance policies
 Ignoring inappropriate & illegal behavior
 Solving social problems versus criminal problems

25. So What Does Work?

26. Basically Courts that …
 Select motivated offenders
 Train their staff well
 Have contacts with the participants less often
 Have a range of services
 Do not mandate AA/NA
 Address inappropriate behavior immediately
 Provide on-going support services
Were more successful
Koetzel-Shaffer (2006)

27. HOW CAN SPECIALTY
COURTS IMPROVE?

28. Evidence-Based Principles for Effective
Interventions
1. Use a risk assessment instrument
2. Follow the risk and need principle
3. Address any barriers to success
4. Train offenders in new skills
5. Use of positive reinforcements
6. Build community supports for the offender
7. Measure outcomes
8. Quality assurance
28

29. Use a Valid Risk Assessment Instrument
to Predict Recidivism

30. Target a Broad Range of
Criminogenic Needs
Criminogenic
 Antisocial attitudes
 Antisocial friends
 Personality factors
 Lack of Employment
 Lack of Education
 Substance abuse
 Antisocial activities

31. Major Set of Risk/Need Factors
1. Antisocial/procriminal
attitudes, values, beliefs and
cognitive-emotional states

32. Cognitive Emotional States
 Rage
 Anger
 Defiance
 Criminal Identity

33. Identifying Procriminal Attitudes, Values & Beliefs
What to listen for:
 Negative expression about the law
 Negative expression about conventional institutions, values, rules,
& procedures; including authority
 Negative expressions about self-management of behavior; including
problem solving ability
 Negative attitudes toward self and one’s ability to achieve through
conventional means
 Lack of empathy and sensitivity toward others

34. Neutralization & Minimizations
Neutralization Techniques include:
 Denial of Responsibility: Criminal acts are due to factors beyond the
control of the individual, thus, the individual is guilt free to act.
 Denial of Injury: Admits responsibility for the act, but minimizes the
extent of harm or denies any harm
 Denial of the Victim: Reverses the role of offender & victim & blames
the victim
 “System Bashing”: Those who disapprove of the offender’s acts are
defined as immoral, hypocritical, or criminal themselves.
 Appeal to Higher Loyalties: “Live by a different code” – the demands
of larger society are sacrificed for the demands of more immediate
loyalties.
(Sykes and Maltz, 1957)

35. Major set Risk/needs continued:
2. Procriminal associates and
isolation from prosocial others

36. Major set Risk/Needs continued:
3. Temperamental & anti social personality
pattern conducive to criminal activity
including:
 Weak Socialization
 Impulsivity
 Adventurous
 Pleasure seeking
 Restless Aggressive
 Egocentrism
 Below Average Verbal intelligence
 A Taste For Risk
 Weak Problem-Solving/lack of Coping & Self-Regulation
Skills

37. Major set of Risk/Need factors continued:
4. A history of antisocial
behavior:
 Evident from a young age
 In a variety of settings
 Involving a number and variety
of different acts

38. Major set of Risk/Needs
Continued:
5. Family factors that include criminality and a
variety of psychological problems in the
family of origin including:
 Low levels of affection, caring and cohesiveness
 Poor parental supervision and discipline
practices
 Out right neglect and abuse

39. Major set of Risk/Needs
continued:
6. Low levels of personal
educational, vocational or
financial achievement

40. Leisure and/or recreation
7. Low levels of involvement in prosocial
leisure activities
 Allows for interaction with antisocial
peers
 Allows for offenders to have idle time
 Offenders replace prosocial behavior
with antisocial behavior

41. Substance Abuse
8. Abuse of alcohol and/or drugs
 It is illegal itself (drugs)
 Engages with antisocial others
 Impacts social skills

42. Substance Abuse
Issue with peers?
Physiologically Addicted?
Poor emotional regulation?

43. According to the American Heart Association, there are a number
of risk factors that increase your chances of a first heart attack
 Family history of heart attacks
 Gender (males)
 Age (over 50)
 Inactive lifestyle
 Over weight
 High blood pressure
 Smoking
 High Cholesterol level

44. They Can Address Motivation

45. MOTIVATION ALONE IS NOT
ENOUGH…
SO HOW DO WE CHANGE?

46. Most Effective Behavioral Models
 Cognitive behavioral approaches that target
criminogenic risk factors
 Structured social learning where new skills and
behaviors are modeled

47. Skills Training
 Behavioral and Cognitive-Behavioral Skills
 Train, Model, Rehearse, and Practice new skill sets
 Assist offender in making a positive change

48. Use of Positive Reinforcement
 Use positive reinforcement to ensure acquisition of
new skills
 Offender should be recognized for pro-social change
 Verbal Praise + some tangible

49. Ratio of Rewards to Punishments and Probability of
Success on Intensive Supervision
90%
80%
Probability of ISP Success
70%
60%
50%
40%
30%
20%
10%
0%
1:10 1:08 1:06 1:04 1:02 2:01 4:01 6:01 8:01 10:01
Ratio of Rewards to Punishments
Widahl, E. J., Garland, B. Culhane, S. E., and McCarty, W.P. (2011). Utilizing Behavioral Interventions to Improve Supervision
Outcomes in Community-Based Corrections. Criminal Justice and Behavior, 38 (4).

50. Measure Progress in Treatment
 Measure change in beliefs, attitudes, and values
 Measure skills acquisition, not just compliance
measures
 Build towards a comprehensive relapse prevention
plan

51. Continuous Quality Improvement
 Modify individual practice to address responsivity of
the client
 Learn from past successes and failures
 Inform practice

52. Problem Solving Courts Can Improve
 Program length – most are too long and completion
rates too low
 Need to do a better job of assessment (cover all
criminogenic needs)
 Target population – need to focus on higher risk
 Provide or match to services to meet criminogenic
needs
 Increase intensity based on risk
 Use curriculum driven treatment (preferably CBT)
 Include and structure aftercare

53. THANKS!
For any additional information please email me
Brian.Lovins@uc.edu