Ethical Considerations in the Implementation of Innovative Correctional Practices Professor Cecelia Klingele World Congress of Community Corrections, July 2015

Sources of Ethical Obligation Constitutional Law Statutes and Regulations APPA /other professional codes of ethics Agency directives Personal moral code Constitutional: due process requirements Statutes and regulations: e.g. Indiana Code of Conduct for Probation Officers APPA Agency directives: e.g. local court rules or agency handbook Personal code: when not in conflict with legal obligations

Evidence Based Practices: Challenges and Opportunities . Increased interest in new programs, metrics, and accountability for probationers and probation agencies. Opportunities for more success, also opportunities for new problems. (Examples from 20th century.) To avoid ethical transgressions, agencies must create cultures in which ethical conversations are happening routinely. Means making space for those conversations and encouraging supervisors, line officers, and probationers to voice concerns in structured ways, and responding to the concerns that are raised.

Ethical Principle: “I will strive to be objective in the performance of my duties, recognizing the inalienable right of all persons, appreciating the inherent worth of the individual, and respecting those confidences which can be reposed in me.” APPA Code of Ethics 3.

Ethical Quandary: When “What Works” Isn’t Fair: Juvenile Probation and Parental Drug Treatment Discuss example from Midwestern jurisdiction of what to do when programming model leads to unintended and disproportionately punitive results

Ethical Principle: “A probation officer shall . . .use all suitable methods, not inconsistent with the conditions specified by the court, to aid a probationer or a person on supervised release who is under his supervision, and to bring about improvements in his conduct and condition.” 18 U.S.C. §3603.

Ethical Quandary: Conflicting Evidence: Deterrence-Based Correctional Programming and Trauma Informed Care Discuss challenges that arise when “evidence” points in different directions. Use example of DBCP.

Ethical Principle: “A probation officer shall not be swayed by public clamor or fear of criticism.” Indiana Code of Conduct for Probation Officers 2.4.

Political Pressures: Fees, Poverty, and Declining Legislative Support Ethical Quandary: Political Pressures: Fees, Poverty, and Declining Legislative Support Discuss problems created by legislatures that won’t pay operational costs and force collections from indigent probationers.

Positioning agencies to identify and respond to ethical challenges You can’t solve an ethics problem you don’t know exists. Making space for conversations about ethical problems invites practitioners to become more intentional and reflective about the nature of their work.

What Ethical Practice Looks Like Brainstorm with participants to elicit suggestions about how the discussed scenarios could have been resolved. Two constraints: proposed solutions must be no or low cost AND realistic. Hand out worksheet to help participants identify an ethical quandary in their own experience/jurisdiction. Have them propose 1-3 realistic, low cost ways to engage their agencies and relevant stakeholders in problem-solving around that issue. Have participants share their responses in small groups of 3-4.

Take Away Points: Innovative practices bring new opportunities for growth, but also new ethical challenges that need to be confronted by community corrections agencies. Making space for conversations about ethical dilemmas signals the importance of reflective practice and transparent problem-solving. You can addressing ethical challenges in ways that are neither costly nor complicated. Regularly soliciting information about ethical concerns fosters professionalism, promotes dialogue among stakeholders, and improves the legitimacy of supervision practices.

Ethical Considerations in the Implementation of Innovative Correctional Practices Professor Cecelia Klingele World Congress of Community Corrections, July 2015