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Cost-Effective Strategies to Cost-Effective Strategies to Improve Public SafetyImprove Public Safety

and Reduce Recidivism  and Reduce Recidivism 

Judge Roger K. Warren (Ret.)Judge Roger K. Warren (Ret.)President Emeritus President Emeritus

National Center for State CourtsNational Center for State Courts

South Carolina South Carolina Sentencing Reform Commission Sentencing Reform Commission

Columbia, South CarolinaColumbia, South CarolinaApril 30, 2009April 30, 2009

Sentencing/Sentencing/Corrections Corrections FlowchartFlowchart

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Purposes of Sentencing

1.1. ““Just Deserts:” punishment Just Deserts:” punishment proportionate to the gravity of proportionate to the gravity of the crimethe crime

2.2. Public SafetyPublic Safety Rehabilitation/Specific Deterrence Rehabilitation/Specific Deterrence

[Recidivism Reduction][Recidivism Reduction] General DeterrenceGeneral Deterrence Incapacitation/ControlIncapacitation/Control

3.3. Restitution/Restoration Restitution/Restoration

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State Sentencing State Sentencing Reform: The Recent Reform: The Recent

HistoryHistory Pre-1975: the “Rehabilitative Ideal”Pre-1975: the “Rehabilitative Ideal”

– Rapid rise in violent crime Rapid rise in violent crime – DisparitiesDisparities– ““Nothing works” Nothing works”

1975-2005: Determinate Sentencing1975-2005: Determinate Sentencing

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Sentencing Reform: Sentencing Reform: The Recent History The Recent History

(cont.)(cont.) The ConsequencesThe Consequences

– Highest incarceration rates in the worldHighest incarceration rates in the world– Unprecedented recidivism ratesUnprecedented recidivism rates– Rapidly growing costsRapidly growing costs– Great disparitiesGreat disparities– Diminishing benefit of incapacitationDiminishing benefit of incapacitation– Same violent crime rate as mid-70’s Same violent crime rate as mid-70’s – We know “what works”We know “what works”

““What is done [today] in What is done [today] in corrections would be corrections would be grounds for malpractice in grounds for malpractice in medicine.”medicine.”

(2002) Latessa, Cullen, and Gendreau, (2002) Latessa, Cullen, and Gendreau, “Beyond Correctional Quackery…”“Beyond Correctional Quackery…”

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State Chief JusticesState Chief Justices

Top concerns of state trial judges Top concerns of state trial judges in felony cases:in felony cases:

1.1. High rates of recidivismHigh rates of recidivism2.2. Ineffectiveness of traditional Ineffectiveness of traditional

probation supervision in reducing probation supervision in reducing recidivismrecidivism

3.3. Absence of effective community Absence of effective community corrections programs corrections programs

State Chief Justices Top two reform objectives:

Reduce recidivism through expanded use of evidence-based practices, programs that work, and offender risk and needs assessment tools

Promote the development, funding, and utilization of community-based programs for appropriate offenders

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Principles of EBPPrinciples of EBP

Risk Principle (Who)Risk Principle (Who) Needs Principle (What)Needs Principle (What) Responsivity Principle (How)Responsivity Principle (How)

““Putting more and more Putting more and more offenders on probation just offenders on probation just perpetuates the problem….The perpetuates the problem….The same people are picked up same people are picked up again and again until they end again and again until they end up in the state penitentiary and up in the state penitentiary and take up space that should be take up space that should be used for more violent used for more violent offenders.”offenders.”

Judge Herb Judge Herb KleinKlein

Miami, Miami, FloridaFlorida

November, November, 19881988

1010

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Risk PrincipleRisk Principle(Who)(Who)

The level of supervision or servicesThe level of supervision or servicesshould be matched to the risk levelshould be matched to the risk levelof the offender: i.e., higher risk of the offender: i.e., higher risk offenders should receive moreoffenders should receive moreintensive supervision and services. intensive supervision and services.

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Needs PrincipleNeeds Principle(What)(What)

The targets for intervention shouldThe targets for intervention shouldbe those offender characteristicsbe those offender characteristicsthat have the most effect on thethat have the most effect on thelikelihood of re-offending. likelihood of re-offending.

Risk of Heart Risk of Heart AttackAttack

1) Elevated LDL and low HDL levels 1) Elevated LDL and low HDL levels 2) Smoking 2) Smoking 3) Diabetes 3) Diabetes 4) Hypertension 4) Hypertension 5) Abdominal obesity 5) Abdominal obesity 6) Psychosocial (i.e., 6) Psychosocial (i.e.,

stress/depression) stress/depression) 7) Failure to eat fruits and vegetables 7) Failure to eat fruits and vegetables 8) Failure to exercise 8) Failure to exercise

Adapted from slide presentation by Dr. Chris Lowencamp

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Dynamic Risk FactorsDynamic Risk Factors Anti-social attitudesAnti-social attitudes Anti-social friends and peersAnti-social friends and peers Anti-social personality patternAnti-social personality pattern Family and/or marital factorsFamily and/or marital factors

Anti-SocialAnti-Social Personality Pattern Personality Pattern

Lack of self-controlLack of self-control Risk takingRisk taking ImpulsiveImpulsive Poor problem Poor problem

solvingsolving Lack of empathyLack of empathy Narcissistic Narcissistic Anger and hostilityAnger and hostility

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Dynamic Risk FactorsDynamic Risk Factors Anti-social attitudesAnti-social attitudes Anti-social friends and peersAnti-social friends and peers Anti-social personality patternAnti-social personality pattern Family and/or marital factorsFamily and/or marital factors Substance abuseSubstance abuse Education issuesEducation issues Employment issuesEmployment issues Anti-social leisure activitiesAnti-social leisure activities

Responsivity PrincipleResponsivity Principle(How)(How)

The most effective services inThe most effective services in

reducing recidivism are reducing recidivism are cognitivecognitive

behavioral behavioral interventionsinterventions based on based on

social learning social learning principlesprinciples. .

Social Learning: Social Learning: Behaviors Have Behaviors Have Consequences Consequences

PositivePositive

• RewardsRewards

• IncentivesIncentives

NegativeNegative

• Sanctions should be swift, Sanctions should be swift, certain, proportionate, and certain, proportionate, and graduatedgraduated

• Sanctions do not need to Sanctions do not need to

be severebe severe

BEHAVIOR

THOUGHTS

FEELINGS

COGNITIVE STRUCTURE(BELIEFS AND ATTITUDES)

Visible

Sometimes Aware

Beneath the Surface

50% reduction in recidivism compared to traditional probation

T4C: Recidivism RatesT4C: Recidivism Rates

0

5

10

15

20

25

30

35

Prob + T4C successful only

Prob + T4C all

Prob

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What Doesn’t WorkWhat Doesn’t Work

Punishment, sanctions, or Punishment, sanctions, or incarcerationincarceration

Specific deterrence, or fear-based Specific deterrence, or fear-based programs (e.g. Scared Straight)programs (e.g. Scared Straight)

Physical challenge programsPhysical challenge programs Military models of discipline and Military models of discipline and

physical fitness (e.g. Boot Camps)physical fitness (e.g. Boot Camps) Intensive supervision without Intensive supervision without

treatmenttreatment

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Washington State Washington State Institute for Public Institute for Public

PolicyPolicy Meta-analysis of 571 studiesMeta-analysis of 571 studies ““Cautious” approachCautious” approach Adult EB programs reduce Adult EB programs reduce

recidivism 10-20%, with a recidivism 10-20%, with a benefit/cost ratio of 2.5:1 benefit/cost ratio of 2.5:1

Moderate increase in EBP would Moderate increase in EBP would avoid 2 new prisons, save $2.1 avoid 2 new prisons, save $2.1 billion, and reduce crime rate by 8%.billion, and reduce crime rate by 8%.

EBP for Policy MakersEBP for Policy Makers

Show me the money!Show me the money!

Show me the data!Show me the data!

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Sentencing/Sentencing/Corrections Corrections FlowchartFlowchart

2424

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Cost-Effective Strategies to Cost-Effective Strategies to Improve Public SafetyImprove Public Safety

and Reduce Recidivism  and Reduce Recidivism 

Judge Roger K. Warren (Ret.)Judge Roger K. Warren (Ret.)President Emeritus President Emeritus

National Center for State CourtsNational Center for State Courts

South Carolina South Carolina Sentencing Reform Commission Sentencing Reform Commission

Columbia, South CarolinaColumbia, South CarolinaApril 30, 2009April 30, 2009