1 PROBATION IN EUROPE, FEATURES FOR AN APPROACH Lisbon, 28th. November 2011

I. ‘Probation’? Different definitions and organization in different European countries ! Council of Europe Probation Rules R (2010) 1: ‘ Probation ’ relates to the implementation of community sanctions and measures ( , Space II; 2007), defined by law and imposed on an offender. It includes a range of activities and interventions, which involve supervision, guidance and assistance aiming at the social inclusion of an offender as well as at contributing to community safety. It may also involve providing information and advice to judicial authorities to help them reach informed and just decisions; providing guidance and support to offenders while in custody in order to prepare their release and resettlement; monitoring and assistance to persons subject to early or conditional release; restorative justice interventions; and offering assistance to victims of crime. ‘ Probation agency ’ is any body designated by law to implement one or more of the above tasks and responsibilities.

Current context for Probation services (I) Increased complexity population (mental health, social problems) Increased mobility (foreign nationals) Increased level of judicial interventions versus fundamental human rights of offenders (and victims) Increased demands for effectiveness of penal interventions (evidence-based policies)

Current context for Probation services (II) Varying/increasing public, media and political attention to crime and insecurity Varying/increasing emotional context of penal policies (incidents, ‘return of the victim’) Varying social/health policies, availability of social/health services Varying prison populations (W, C, E Europe), search for alternatives (middle-high risk; foreigners, ethnic minorities, mentally ill; drugs, violence, sex offenders) versus Varying/increasing risk-aversion (the myth of zero risk)

THE IMPACT NON-CUSTODIAL SANCTIONS: PEOPLE IN EUROPE IN EUROPE PROBATION HAS AN INCREASING ROLE AS A KEY ELEMENT FOR PREVENTING REOFFENDING WHERE IT: –WORKS EFFICIENTLY –REDUCE SOCIAL AND ECONOMIC COSTS –IS PART OF THE GLOBAL SOLUTION

THE REINFORCEMENT OF THE ROLE OF PROBATION

Effectiveness of probation programmes (with thanks to Prof Friedrich Lösel and David Perry) In total ca. 10% - 30% reduction in reoffending Statistically and practically significant – Benefit-cost ratios: 1 – 7 € payoff for each € invested – Lifetime costs for 1 persistent offender ca. 1 M € Effect sizes in medicine: – Radiation + chemotherapy of brain tumours: ca.10% – Aspirin therapy of cardiovascular events: ca. 13% – Passive smoking and lung cancer: ca. 22% – Drug treatment of depression: ca. 56%

KEY ELEMENTS: CASE MANAGEMENT Evaluation: review progress on objectives identify evidence of progress highlight achievements decide what needs to be done next Evaluation: review progress on objectives identify evidence of progress highlight achievements decide what needs to be done next Assessment: risks needs responsibility resources – including individual’s strengths Assessment: risks needs responsibility resources – including individual’s strengths Intervention: put plan into action keep records monitor progress troubleshoot difficulties Intervention: put plan into action keep records monitor progress troubleshoot difficulties Planning: decide how these problems are to be tackled set objectives of supervision decide what action is to be taken Planning: decide how these problems are to be tackled set objectives of supervision decide what action is to be taken

KEY ELEMENTS: RNR APPROACH 1.Risk principle – the intensity of intervention should increase with the risk of reoffending 2.Needs principle – intervention should focus on criminogenic needs such as drug misuse, anti-social attitudes, problem solving skills, etc. 3.Responsivity principle – programs should be multi-modal and delivered according to the learning style of the offender – Up to 60% reduction of recidivism when all three R-N-R principles present – Smaller effect when 2 or 1 principle present; slightly negative effect when no R-N-R principle addressed – Problems of R-N-R approach: some circularity re. responsivity; risk not individualized

What Works Relatively consistent positive effects Basic education (e.g. literacy, maths) Vocational & employability programmes (if jobs available) Cognitive-behavioural programmes (CBT; e.g., Reasoning & Rehabilitation, Cogn. Restructuring, Moral Reconation Therapy, Anger Management) o Most important elements in CBT: Anger management & interpersonal problem solving Structured therapeutic communities (TCs), milieu therapy & Social-therapeutic prisons (Germany)

What Works (2) Multi-systemic Therapy (MST) and other multimodal family-oriented programmes for young offenders Restorative Justice (e.g., offender-victim mediation, restitution; not for all groups) Drug courts Psycho-pharmacological/substitution drug treatment e.g. subutex/methadone

Promising: not well replicated or rather small effects ? Intensive supervision (probation, parole) ? Electronic monitoring (problem of IS & EM: revocation, violation of orders) ? Counselling (juveniles & adults) ? Mentoring programmes ? Challenge programmes ? Social case work ? Pharmacological treatment for aggressive/impulsive offenders (SRIs) and sexual offenders (hormonal treatment)

What doesn’t work, mean zero or overall negative effects X Pure sanction (e.g. custodial vs. non-custodial sentences, longer prison sentences, regular sanction vs. diversion) X Purely deterrent measures (e.g. Scared Straight, shock incarceration for juveniles) X Strict discipline (e.g. Boot Camps, when without treatment elements) X Purely psychodynamic and unstructured therapeutic approaches X Inappropriate programmes may even harm

KEY ELEMENTS: DESSISTANCE APPROACH ‘Positive psychology’: emphasis on protective factors, skills and strengths, possibilities for reinforcement Importance of human capital (reinforce commitment and individual capacities) + social capital (social and family ties, employment, influencing quality of life and self image) Process of ‘desistance’: intensity and frequency of offending Good Lives Model: How to promote both the well being of the offender and limit the risks of recidivism? How to enhance constructive meaning of life which helps the offender to change? Social inclusion ENGAGEMENT OF THE OFFENDER

THE EUROPEAN LEGAL CONTEXT EU Framework Decisions : on Transfer of Probation Sanctions (2008/JHA/947) and on Pre-trial Detention (2009/JHA/829) the CoE Probation Rules (CM/Rec(2010)1)