1. Evidence-Based Sentencing

2. Learning Objectives Describe the three principles of evidence- based practice and the key elements of evidence-based sentencing; Define the potential impact and benefit of these principles and supporting practices on risk reduction among the general offender and the sex offender population; and Apply these principles to the adult sex offender population.

3. R EFORM I NTERESTS AND A PPLICATION TO S EX O FFENDERS

4. Concerns Among Felony Court Judges and State Chief Justices Concerns of felony court judges – –High rates of recidivism among felony offenders – –Ineffectiveness of traditional probation and other sanctions in reducing recidivism – –Lack of effective community alternatives to incarceration (Peters & Warren, 2006)

5. State chief justices’ top reform interests for the state court – –Public safety through recidivism reduction efforts   Implementation of evidence-based practices and services   Use of empirically-based risk and needs assessment tools Direct application to adult sex offenders Concerns Among Felony Court Judges and State Chief Justices (cont.) (Peters & Warren, 2006)

6. The Rationale for Applying Evidence- Based Practices to Offender Management and Sentencing Offenders, in general, are failing at alarming rates 67% rearrested within three years following release from prison 30% probationers are reconvicted of a new crime Research over the past two decades demonstrates that – through the use of evidence- based practices – recidivism can be reduced by as much as 30% (Hughes & Wilson, 2003; Andrews & Bonta, 1997)

7. K EY T ERMS AND P RINCIPLES IN E VIDENCE -B ASED S ENTENCING

8. Defining Key Terms Evidence-Based Knowledge – –Conclusions drawn from studies that have been replicated numerous times with defined, measurable outcomes about the effectiveness of an intervention or process Evidence-Based Practice – –The application of empirical research to professional practice

9. Defining Key Terms (cont.) Evidence-Based Principles – –The three “principles” of evidence- based practice that have been derived from the research on risk reduction Evidence-Based Sentencing – –The application of the principles of evidence-based practice to sentencing

10. The Three Key Principles of Evidence-Based Practice (Andrews & Bonta, 2007) The Risk Principle WHO WHO to target for intervention The Needs Principle WHAT WHAT to target for intervention The Responsivity Principle HOW HOW to target for intervention

11. The First Key Principle: Risk Aligning level of intervention with level of risk to produce reduced recidivism Empirically based, actuarial instruments assess the level of risk an individual offender is likely to pose More intensive services for higher risk and higher need offenders produce the most significant reductions in recidivism

12. The Risk Principle: Which is True? A) A)Delivering moderate or high intensity interventions to offenders who are at low risk for recidivism can result in an increase in the likelihood to re-offend. B) B)Delivering moderate or high intensity interventions to offenders who are at low risk for recidivism can result in a decrease in the likelihood to re-offend.

13. The Second Key Principle: Needs Criminogenic needs (dynamic risk factors) = changeable conditions in an offender’s life that can lead to re-offense behavior Actuarial instruments have been developed to assess these "criminogenic needs” Targeting interventions to the unique criminogenic needs of an individual offender has significant risk reduction potential

14. Criminogenic Need Areas: The “Big Four” Anti-social cognitions Anti-social companions Anti-social personality (temperament) Family and/or marital difficulties

15. Criminogenic Need Areas: The “Lesser Four” Substance abuse concerns Lack of education Lack of employment Lack of pro-social leisure activities

16. More Criminogenic than Non-Criminogenic Needs More Non-Criminogenic than Criminogenic Needs Increased recidivism Decreased recidivism Recidivism Reductions as a Function of Targeting Multiple Criminogenic vs. Non-Criminogenic Needs (Hanson et al., 2009)

17. Sex Offender-Specific Dynamic Risk Factors Sexual preoccupations Access to victims Intimacy deficits, conflicts in relationships Pro-offending attitudes Hostility Non-compliance with supervision, treatment Lifestyle instability

18. The Third Key Principle: Responsivity Treatment and supervision are most effective when tailored to responsivity factors Primary responsivity factors – –Cognitive/intellectual functioning – –Culture – –Gender – –Learning style – –Level of motivation – –Mental health condition

19. The Three Components of Responsivity Offender Characteristics Traits of Service Providers Program Components

20. Motivational Interviewing as a Key Behavioral Change Tool Motivational interviewing engages the offender in his/her plan for change Motivational interviewing is skill- based – –The application of specific techniques is critical to its success

21. Motivational Interviewing as a Key Behavioral Change Tool (cont.) All professionals should be skilled in motivational interviewing – –Judges are increasingly using motivational interviewing

22. Increased recidivism Decreased recidivism Impact of Adhering to the Core Principles of Effective Correctional Intervention: Risk, Needs and Responsivity (Andrews et al., 1999)

23. Other Research Findings Identifying Interventions and Strategies that “Work” with Offenders Cognitive-behavioral interventions Positive reinforcement Balanced approach to supervision (Andrews & Bonta, 2007; Aos et al., 2006)

24. R ELEVANCE OF R ESEARCH TO S EX O FFENDERS

25. Research Findings Identifying Treatment and Supervision Strategies that Generally Don’t “Work” with Offenders Surveillance models of supervision Longer sentences over shorter sentences Punishment-oriented sanctions (Aos et al., 2006)

26. Relevance of These Findings to Sex Offenders Sex offenders are not “just” sex offenders Risk/needs/responsivity studies replicated with sex offenders

27. Reducing Risk Among the Adult Sex Offender Population Evidence- Based Practices Sex Offender- Specific Interventions Risk Reduction

28. Reminder: Definition of Evidence-Based Sentencing Evidence-based sentencing is the application of the principles of evidence-based practice to sentencing.

29. F IVE T ENETS OF E VIDENCE -B ASED S ENTENCING

30. Five Tenets of Evidence-Based Sentencing #1:Expect professionals to provide thorough, complete, and accurate information about offenders so that informed decision-making is possible.

31. Five Tenets of Evidence-Based Sentencing (cont.) #2:On an individual case basis, obtain and apply comprehensive offender assessment data – –Level of risk to re-offend sexually – –Level of risk to re-offend non-sexually – –Sex offender-specific dynamic risk factors – –Criminogenic needs

32. Five Tenets of Evidence-Based Sentencing (cont.) #3:When crafting sentences for the purpose of risk reduction, match interventions to empirically assessed, changeable risk factors – –Sex offender-specific dynamic risk factors, as well as – –Criminogenic needs

33. Five Tenets of Evidence-Based Sentencing (cont.) #4:Use motivational interviewing as a tool to encourage behavioral change among offenders. #5:Encourage and support the use of evidence-based policies and practices by all justice practitioners and service providers.