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Jail
A county run institution for individuals who have been arrested and are awaiting court proceedings or who have been sentenced to serve time that is less than one year
Prison
State (or federal) run institutions for individuals who have been convicted of and sentenced to serve time that is greater than one year
- Ex: you can be sentenced to two years, but only end up serving one and then receive parole
Probation
Community supervision for those who are convicted of a criminal action, and instead of incarcerated time, they participate in community supervision
- Ex: someone received a two year probation sentence, and if they do well, they will not be incarcerated
- Some may have probation and suspended incarceration
Parole
Community supervision for those who are convicted of a criminal action and have already served their incarceration in a prison
- Parole typically comes after incarceration, whereas probation comes in place of incarceration
- Exception: sex offenders in the state of Iowa are sentenced to probation and then either 10 years or a lifetime of "special sentence" AKA parole
Recidivism
Returning to criminal behavior (ex: being arrested again, being convicted again, returning to incarceration)
- Key point: returning to some type of criminal behavior
3 Major Components of the CJ System
Law enforcement
- Prevention, investigation, and/or arrests
- Federal, state, and local
Courts
- Justice (fair proceedings)
- Guilt or innocence and sentencing
- Prosecution, defense, judges
Corrections
- Incapacitation/incarceration
- Deterrence
- Rehabilitation
Incapacitation/Incarceration (goals)
- Goal to punish or consequences for actions
- Goal to isolate and/or distance individuals from those harmed
- Goal to maintain public safety
Deterrence
Keeping client from committing criminal actions again
- Ex: incarcerating someone to show them the consequences of their actions, which will make them not want to do it ever again
- Keeping others from committing criminal actions
Rehabilitation
Provides education, training, treating, and/or preparing individuals
Focuses on behavior change
Ultimately leads to an improvement in public safety
Women Offenders
- Women offender populations have grown faster than male offender populations
- More women offenders than men have substance abuse identified as a priority need
- Mental illness is a priority and need of this population
- Treatment resources in institutions and community-based corrections are a critical issue
What is the percentage of individuals who are incarcerated that will eventually return to society
95%
What is the rate of individuals released that will be rearrested within the first three years?
2/3
Corrections
a period of supervision for those who have been arrested and/or convicted, and are sentenced for criminal behavior
- why and/or? because some people go on pretrial supervision (arrested but can remain in the community)
Order of the Criminal Justice System
Criminal behavior → arrest → initial appearance → pretrial supervision (if the judge determines they can remain in the community, or if they can set bond) → trial → sentencing → jail, prison, or probation
- if probation → residential facility → if they do poorly at the facility → revocation hearing → jail or prison → parole
Pretrial Supervision
Goal to abide by conditions set by the court, and to not do anything else wrong
- Go to court → stay on good behavior → back to court for proceedings
Release with supervision (RWS)
Pre-sentence investigation (PSI)
- A report that provides background information about that individual so that the court can make the best decision (family life, profession, etc.)
- Psychosexual evaluation for sexual offenders
Evidence Based Practice (EBP)
utilizing research to inform decision making and program/intervention implementation
- Has shown over time (multiple studies) and with continuous and rigorous evaluation to show beneficial results
- Effective: gains the outcomes that are desired
Discover corrections: conclusions drawn from rigorous research studies that have been replicated numerous times with defined, measurable outcomes about the effectiveness of an intervention or process
Why is Evidence Based Practice Important?
Limited budgets: the small budget available must be used responsibility
- Resources should be utilized responsibly and to benefit taxpayers
Consistency among what is being implemented
- Not done very well because each state system does things very differently
- One way this has succeeded is by the state of Iowa merging the DOC with the department of correctional services: becoming one system makes things in Iowa more consistent
Allows others to understand what we do
- Stakeholders, funders, etc.
- We can use the numbers, research, and data to show people what we're doing is effective
Reduces recidivism
Increase offender success
- Sometimes this goes along with reduced recidivism, sometimes not
- Ex: a person ends up back in the system, but they have been working on themselves, getting sober, etc.
Challenges of Evidence Based Practice
Likely will require change within an organization (at all levels)
- Different approaches, changing programs that have been operating in the same way for years
Will require an ongoing commitment to change within an organization
- Understanding of EBP
- Allowing training and practice
- Realistic timeframes
Requires a new approach and getting rid of the "this is how we have always done it" approach
Increased accountability and adherence to EBP principles
Likely to see resistance from staff (at all levels)
- Out of comfort zones
How to Incorporate Risk Assessments
Utilizing risk screening and assessments
- Static: won't change (current age, age at arrest)
- Can't do a lot about it, but these tell us a lot about the clients level of risk
- Dynamic factors: changeable (peers, living situation, substance use)
Identify and target appropriate populations (risk levels)
- We want to target higher risk individuals
Specialized when appropriate
- Ex: sex offenders get specialized risk assessments
Ongoing vs. point in time
- Need to continuously provide assessments to find out if change is happening
Identify who, what, and how
Motivation
- Not a one size fits all approach
Rewards
4:1 ratio (4 positives to every 1 negative)
- It's important to focus on the positive choices a client is making
- Clients will be more receptive to rewards than to sanctions
Carrot vs. stick: We would rather dangle a carrot in front of a client than hit them with a stick
Reinforcements & Sanctions
Swift, certain, proportional, and individualized
Swift: if a client makes a mistake, we must respond and address it very quickly
- Should respond quickly to good behavior too
Certain: clients know that if they violate, there will be some sort of response to behavior
Proportional: the sanction will be proportional to the mistake they made
- Ex: they won't go to prison for smoking weed one time
Individualized: every client needs something different
Risk Need Responsivity (RNR
RISK: the who
- match the intervention to the risk level
- do not mix high and low risk individuals
NEED: the what
- we have to target criminogenic needs: the needs that are likely to lead to other criminal behavior
- static vs. dynamic: target the dynamic, changeable factors
RESPONSIVITY: the how
- matching the intervention to the offender's issues, learning style, and demographic
- connecting clients to appropriate interventions (cognitive behavioral, surveillance, etc.)
Fidelity: how well
- ensuring adherence to protocols
- certain curriculums need to be followed exactly as designed, others have leeway
- use a research based model (EBP)
Criminogenic Factors/Needs
the things that make a client more likely to commit criminal behavior
Criminogenic Factors: the Big 4
1. Antisocial Behavior (the only static factor out of the 8)
- we can't change how many crimes they've committed or when they started
2. Antisocial Cognition
- what do they think? (not how they think)
- attitudes, beliefs, values
- ex: they believe it's okay to steal because other people don't need the stolen item as much as they do
3. Antisocial Peers
- how do they identify? do they take a sense of pride in their behavior? with whom do they spend their time? (other criminals?)
4. Antisocial Personality
- impulsive, egocentric, pleasure seeking, aggressive
- people with these personalities are higher risk to commit crime
Criminogenic Factors: the Other 4/8
5. Family/Marital
- family history of criminal behavior
- low levels of affection, poor quality relationships
6. Employment/School
- achievement and stability (low performance)
- low reward and low satisfaction for their job or school
7. Leisure/Recreation
- minimal involvement in prosocial activities (or only involved if it's joined with substance abuse)
8. Substance Use
- misuse and abuse, both legal and illegal drugs
Non-Criminogenic Factors/Needs
These qualities may need to be addressed, but they are not criminogenic needs, meaning they do not make someone more likely to commit criminal behavior
- self esteem
- medical issues
- mental health disorders
Risk Factors vs. Protective Factors
Risk factors: characteristics that increase the likelihood of offending behavior
- ex: hanging out with criminals
Protective factors: strengths that reduce the likelihood of offending behavior
- ex: having stable housing
Antisocial Behavior (risk/need)
risk: continued criminal justice system involvement
need: non-criminal behavior, identifying high risk situations and practicing skills/behaviors to use in those situations
- ex: a client wants to go to a party, but there will be drugs there. Teaching him how to say no and make a decision to do something else
Antisocial Personality (risk/need)
risk: impulsive behavior, pleasure seeking, lack of self control
need: develop the ability to delay gratification, coping skills, learn to sit with being uncomfortable
Antisocial Cognition (risk/need)
risk: thoughts and values that align with antisocial/criminal behavior
- comes across as justification (ex: I stole food because my family can't afford it)
need: identification of thinking errors, increasing thinking that is prosocial
Antisocial Peers (risk/need)
risk: friends, family, etc. that are involved in criminal behavior
need: increase interactions with prosocial people
- helping them find that peer group
Family/Marital (risk/need)
risk: lack of support, dysfunctional family
need: increase prosocial relationships that support prosocial behavior
Employment/School (risk/need)
risk: poor performance, poor satisfaction
- ex: job hopping
need: create opportunities to increase satisfaction (rewards)
- ex: going back to school to get training that will allow the client to engage in work that will satisfy them
Leisure/Recreation (risk/need)
risk: lack of involvement in prosocial activities
need: increase involvement in prosocial activities
Substance Use (risk/need)
risk: use of substances that negatively impact life
need: increase or create alternatives to substance use
- find a way for them to enjoy their free time in a healthy way
Fidelity
the how well: program integrity
- using research based models and adhering strictly to the curriculum
Mental Illness
a wide range of mental health conditions: disorders that affect your mood, thinking, and behavior
Any Mental Illness (AMI): mental, behavioral, or emotional disorder
Serious Mental Illness (SMI): mental, behavioral, or emotional disorder with significant and serious impairment
Personality Disorders
characteristics: onset in adolescence or early adulthood
- impacts cognition, responses, interpersonal functioning and impulse control
cluster A: odd or eccentric
- seen the least in the CJ system
- schizoid, paranoid personality disorder
cluster B: dramatic and irrational
- seen the most in the CJ system
- antisocial disorder, borderline disorder
cluster C: anxious and fearful
- avoidant personality, OCD
Four Criteria of Substance Disorders
1. Impaired Control
- needs larger amounts of the drug and longer period of time to feel effects
- unsuccessful attempts to cut down on use
- always thinking about how, when, where they will get it next
- cravings
2. Social Impairment
- failure to fulfill life roles because of substance (school, work)
- continued use despite negative consequences
3. Risky Use
- using substance in hazardous situations (ex: drinking and driving)
- continued use despite knowing harm is being caused
- inability to stop even when harm is caused
4: Pharmacological
- tolerance
- withdrawal
What Causes Mental Illness
- biology/genetics
- medical conditions (cancer, tumor, etc.)
- environment (financial issues, death, trauma)
- serious injury
- substance use
Sequential Intercept Model
Intercept 0: community services
- crisis lines, no law enforcement contact
- the ideal intercept
Intercept 1: law enforcement
- 911 call
- remove them from the situation, but haven't arrested/taken into custody
Intercept 2: initial detention/jail/court
- situation couldn't be resolved verbally with the police
- diversion programs, screens for needs, connections to services
Intercept 3: jail/court
- jail based programming, community corrections programs
Intercept 4: re-entry
- how to successfully get these clients back into the community
Intercept 5: community corrections
- specialized caseloads, specialty programs, connection to services
Substance Use Statistics
- most individuals use for the first time as teenagers
- highest use for 18-25 year olds
- 1/4-1/3 of all deaths each year involve substance abuse
60-80% of individuals that are arrested were under the influence at the time of arrest
Why Does Substance Use Disorder (SUD) Occur?
genetic predisposition/risk: family history of use
environment: adverse childhood experiences, exposure to drugs through family members
biological differences: brain chemistry and structure
Personality: impulsivity, antisocial personality disorder, etc.
Substance Use Disorder (SUD)
recurrent use of substances which cause significant impairment in a variety of life areas, such as health issues, disability, and inability to meet responsibilities at work, school, and home
Harm Reduction
reduce/minimize negative impacts and effects
- the idea that SUD is complex, so abstinence isn't right for everyone
- focused on safer practices and approaches to use (ex: not sharing needles)
- strategies: supervised use/injection sites, education, medicated approaches like methadone
Abstinence Based Treatment
completely abstaining from illicit use or all use
- required practice for many medically-centered programs
Medication Assisted Treatment
a combination of therapy and medication
pros: research is showing that MAT leads to reduction in negative symptoms, reduced risk of overdose, and stabilization
- MAT is an EBP
cons: dependency concerns, low accessibility because of lack of affordability
Treatment Barriers
Access to treatment: lack of facilities, too far away, etc.
funding: lack of insurance or funds to pay for treatment
stigma: individuals don't want people to know they have a problem and need help
impact on daily life: how are they supposed to work, pay for housing, go to school etc. if they need inpatient treatment
Stages of Change
Pre-Contemplation: no awareness or recognition that they have a problem, and no intent to change
Contemplation: some awareness of a need to change
- beginning to think about changing, may voice concerns, but don't act on it
Preparation: desire for action and starting to come up with a plan
- calling facilities, scheduling appointments, talking to boss about leaving for treatment
Action: active change
- participation in treatment and ongoing adherence
Maintenance: sustained change
- ongoing abstinence or reduction, commitment to change even when life gets challenging
Relapse (or lapse): use/return to use
Mixing low risk and high risk offenders will:
Increase the likelihood of the low risk offenders staying in or coming back to the CJ system (the high risk offenders negatively influence them)
Which of the following is NOT a criminogenic need?
Substance use
Anti-social peers
Mental health
Employment/school
mental health
Sex Offender Treatment Approaches
behavioral approaches: focus on deviant sexual interests
- aversion therapy: tries to curb sexual desire with an electric shock
cognitive behavioral: challenges/changes thoughts, feelings, and behaviors
- widely used, supported for reducing recidivism
relapse prevention approach: predominant approach
- target risk factors, avoidance strategies, cognitive restructuring
self regulation model: addresses pathways and how individuals regulate their behavior
- aligns with RNR principle
Actuarial Risk Assessment: sex offenders
based on fixed variables and have been found to predict the risk of recidivism
variables: age, victim profile, number of convictions, etc.
doesn't account for other variables that may impact recidivism
Dynamic Risk Assessment
comprised of two types of risk factors: stable and acute
stable risk factors: potentially changeable with treatment
- dynamic variables include: sexual deviance, self regulation
acute risk factors: ones that may signal reoffending is likely
tendencies connected to risk for sexual offending
Sexual Preoccupation
- Intense interest in sex
Sexual Deviancy
- Interest in children, sexual violence, paraphilic interests
- Overall inappropriate sexual interests
Offense Supportive Attitudes
- Attitudes or beliefs that justify offending
- Ex: children can enjoy sex too, sex with a child isn't that big of a deal, etc.
Emotional Alliance/Congruence with Children
- Feeling like they relate to children more than adults
- Their relationships with children are easier or more satisfying than with adults
Lack of Emotional Intimacy with Adults
- Lacking intimacy or relationships with adults or conflicted relationships with adults
Lifestyle Impulsivity
- Lack of structure and self control, sets unrealistic goals
Poor Problem Solving
- Inability to develop realistic solutions to daily situations/problems as they happen
- Problem solving is either extremely unrealistic or way too complex when the solution is simple
Resistance to Rules and/or Supervision
- Resisting external controls (authority) and oppositional behavior
Hostility
- Perception and/or thoughts that the world has done them wrong, or that other people are the reason for their problems
- Obsessed with gaining respect or vengeance
Negative Social Influences
- Peers are involved in or supportive of criminal behavior (specifically sexual offending)