Main Body
CHAPTER 12: CORRECTIONAL PSYCHOLOGY
Learning Objectives
- Describe the structure of the correctional system in Canada.
- Summarize the major approaches to offender risk assessment and provide specific examples of risk assessment instruments.
- Summarize the major strategies for offender risk management and provide specific examples of correctional treatment programs.
Correctional psychology is the application of psychological theory and research to the correctional system (Clements et al., 2007). We begin this chapter with an overview of the structure of the correctional system in Canada and then we discuss two of the most important topics in correctional psychology: offender assessment and management.
CASE STUDY 12.1. THE CASE OF ROBERT LATIMER
Tracy lived in Saskatchewan with her parents, Laura and Bob, and her three siblings, Brian, Lindsay, and Lee. In some ways, she was a normal young girl: she loved and was loved by her family, she enjoyed music, and she showed an interest in horses. But Tracy ’s life wasn ’t even close to normal. She was born with cerebral palsy due to complications during delivery. She had gross motor impairment and was immobile and unable to speak. She was intellectually disabled, functioning at the level of a three- or four-month-old infant. Despite medications, she had seizures five or six times a day. But perhaps worst of all, she experienced constant and excruciating pain and was unable to take analgesics other than acetaminophen due to the possibility of severe negative side effects. Laura and Bob did everything they could for Tracy. They fed her by hand, took her to see doctors, administered her medications, and helped with her physical therapy. The doctors performed surgery on Tracy to lengthen her tendons, release her muscles, and insert metal rods into her back to straighten her spine. All treatment could do for Tracy, however, was give her partial relief from some symptoms and slow the worsening of others. And her future was filled with the spectre of even more, and more painful, surgery. The doctors even wanted to insert a tube into Tracy ’s stomach to help feed her and administer medications, but Laura and Bob balked at the idea. One Sunday afternoon in 1993, Laura took the other kids to church while Bob stayed home with Tracy. Later the same day, Bob phoned the local police and told them that Tracy had died in her sleep. But a subsequent autopsy found evidence that Tracy had ingested poison and been exposed to high levels of deadly carbon monoxide gas. When police confronted Bob with this information, he confessed that he had placed Tracy in the cab of his pickup truck and left the truck running until the exhaust fumes killed her. He said his actions were motivated by the desire to end Tracy ’s suffering and prevent her from further agony and indignity as her condition worsened. After two trials and two appeals that went all the way to the Supreme Court of Canada, Robert Latimer was found guilty of second-degree murder in the death of Tracy Latimer. The jury recommended he be eligible for parole after a year, but the trial judge was required to sentence him to the mandatory minimum sentence of life imprisonment with ten years ’ ineligibility for parole. The Supreme Court made clear that the sole function of this sentence was denunciation (i.e., public condemnation); the functions of rehabilitation, general or specific deterrence, and protection of public safety were not relevant. Bob started serving his life sentence in the Correctional Service of Canada (CSC) in January 2001. At least on the surface, he adjusted well to imprisonment. He was classified to a penitentiary in British Columbia, where he spent much of his time working and completing vocational training. When the date of his parole eligibility approached, he underwent a risk assessment by CSC staff. The consensus of opinion was that Bob did not pose a risk to public safety unless he found himself in circumstances similar to those surrounding Tracy ’s death— presumably a remote likelihood. For example, CSC psychologist Dr. Bruce Monkhouse concluded that the risk Bob would reoffend was only 10 percent in 10 years. At his hearing before the National Parole Board (NPB) in December 2007, Bob ’s request for parole was denied, based in part on Bob ’s refusal to acknowledge his actions were wrong and express remorse for them. Bob appealed the NPB decision to Federal Court with the assistance of the British Columbia Civil Liberties Association (BCCLA). John Dixon, then spokesperson for the BCCLA, said, “This is a nice man. This is a crime of conscience . . . He ’s not a violent person, he ’s not an evil person. There ’s no need to rehabilitate him.” Jason Gratl, counsel who handled the appeal on behalf of the BCCLA, said that the NPB was bound to consider Bob ’s risk to public safety, which the evidence indicated was low. He pointed out that, according to federal legislation, “The objective of denunciation plays no part in the consideration of whether Mr. Latimer should be granted day parole.” As Dixon put it, “The panel that denied his parole was plainly more interested in extracting a tearful apology from Latimer than it was in performing its proper function.” Bob ’s appeal was successful, and he was released on parole into a halfway house in Victoria, BC, in February 2008. He was granted full parole in November 2010. He still lives in Victoria but frequently visits Saskatchewan to be with his family. He continues to speak publicly on end-of- life issues such as euthanasia and assisted suicide.
Sources: R. v. Latimer (1997, 2001); “Robert Latimer allowed to travel to Britain for panel discussion about his case.” The Globe and Mail , September 18, 2012. Accessed January 4, 2013 at www.theglobeandmail.com/news/national/article4550601 ; “Latimer appeals parole board decision.” Toronto Star , January 23, 2008. Accessed January 4, 2013 at www.thestar.com/News/article/296779 .
Critical Thinking Questions
1. A few countries have legalized euthanasia (defi ned as a deliberate intervention undertaken with the express intention of ending a life, to relieve intractable suffering). Would you be in favour of or opposed to changing the law in Canada to allow euthanasia?
2. Mr. Latimer was considered a low risk to reoffend, yet the parole board denied his release based in part on his refusal to acknowledge his actions were wrong and express remorse for them. Do you agree or disagree with the parole board ’s reasoning?
In Case Study 12.1, setting aside conflicting views regarding whether Robert Latimer’s killing of Tracy was morally defensible—and there are fierce proponents on both sides of this argument—the Supreme Court of Canada decided in no uncertain terms that it was illegal. Mr. Latimer has spent many years now under the supervision of the corrections system, both in custody and in the community. His case is a powerful reminder of the diversity of offenders; people end up in prison in many different ways and for many different reasons. But in every case, the corrections system is responsible for supervising offenders according to court orders, making sure they are housed and even punished in a safe and humane manner; determining what problems offenders have and trying to broker the services that will help them make positive changes; and identifying the risks posed by offenders and how best to contain or mitigate them. Think for even a few seconds about the scope and complexity of this task and the limited resources available, and you might conclude it is impossible, but it is a task the corrections system must undertake.
The Correctional System in Canada
Part of the larger criminal justice system, the corrections system is responsible for supervising people who have been arrested for, charged with, or convicted of criminal offences. When most laypeople think of the corrections system, they think about prisons, but only a small percentage of people in the criminal justice system, perhaps 20 percent, are imprisoned; the rest are supervised in the community. Depriving people of their liberty by institutionalizing them is considered a major infringement of civil rights, and it is permitted only in limited circumstances.
Learning Objectives 12.1
The History of Corrections in Canada
Prior to 1835, people convicted of crimes in Canada were dealt with swiftly and harshly: they were executed, whipped, branded, made to remain in pillories or stocks for hours or days, or simply sent away to other countries.
Inmate strikes and riots during the 1930s led to the creation of the Archambault Royal Commission of Inquiry. Its mandate was to investigate and report on the condition in Canadian prisons. The commission found that almost 70 percent of the inmates were repeat offenders! A significant focus of the report, released in 1938, was rehabilitation, and it included radical recommendations such as separate facilities for young offenders, training for correctional officers, leisure activities for inmates, and, most important, a national independent board that would consider applications for early release. Prior to this, early release was sometimes granted by the government under the Ticket to Leave Act (1899), but this was done haphazardly, at best. Some of the Archambault report’s recommendations became part of the Penitentiary Act that was drafted, but the new law’s passage was stalled by Canada’s entry into World War II. The act was finally passed in 1947. Canada was on its way to prison reform with some consideration given to rehabilitation. The stage was set for the development of correctional psychology.
Correctional Institutions
Provincial and the federal governments have jurisdiction over different kinds of correctional institutions in Canada. The provincial/territorial system has jurisdiction over adult offenders serving custody sentences that are less than two years, individuals who are being held while awaiting trial or sentencing (remand), as well as offenders serving community sentences, such as probation.
Jails house offenders who have been given a sentence of less than two years. Remand centres house individuals awaiting trial who were either denied bail or could not meet the conditions of bail, those awaiting transfer to another provincial or federal facility, and detainees held under federal immigration and refugee laws. Most jails are closed, maximumsecurity facilities—movement in or out of the facility is very restricted, and the perimeter is demarked with high walls or fences and razor wire. The population of jail detainees includes people whose lives are in a state of major disruption or confusion: some are acutely distressed about being separated from their loved ones or losing their jobs due to arrest; others are intoxicated or in withdrawal, or suffering symptoms of mental disorder; yet others are fearful of the possibility that they may be sentenced to many years in prison. But because the typical stay in jail is quite short—ranging from a few days to a few months, on average—the opportunities to offer programs or services are limited.
Prisons or penitentiaries are under the jurisdiction of the federal government and are used to house people who receive custodial sentences of two years or more. The length of the sentences may range from two years to many years or even life, reflecting the diversity of offenders and crimes for which they have been convicted. To deal with this diversity, there are typically several types of prisons in a jurisdiction’s correctional system. Some institutions are very low security, perhaps including open or unsecured settings such as work camps. These low-security institutions permit the semblance of a normal life for offenders and facilitate rehabilitation and readjustment to the community. Medium- and high-security institutions, in contrast, focus on keeping offenders separated from the community, but also may offer a variety of treatment and rehabilitation programs.
An Overview of the Inmate Population
Canada falls in the middle of 34 countries reporting incarceration rates. The United States has, by a large margin, the highest rate at 730 people incarcerated per 100,000 population, with Chile far behind in second place at 295. Canada’s rate is about one-sixth of the U.S. rate, at 117 incarcerated per 100,000.
Most custodial sentences are for short periods of time—over half are for one month or less, and about 90 percent receive a sentence of six months or less (Public Safety Canada, 2012). Only slightly more than 4 percent of those individuals found guilty receive a sentence of two years or more.
Table 12.1 Federal and Provincial/Territorial Incarcerated Offenders | ||||||
Year |
Federal |
Sentenced |
Provincial/Territorial Other/Temporary Remand Detention |
Provincial/ Territorial Total |
Total |
|
2002–03 |
12,652 |
10,555 |
8,703 |
337 |
19,595 |
32,247 |
2003–04 |
12,413 |
9,801 |
9,149 |
328 |
19,278 |
31,691 |
2004–05 |
12,624 |
9,778 |
9,619 |
330 |
19,727 |
32,351 |
2005–06 |
12,671 |
9,560 |
10,875 |
290 |
20,725 |
33,396 |
2006–07 |
13,171 |
9,978 |
12,128 |
297 |
22,403 |
35,574 |
2007–08 |
13,581 |
9,750 |
12,931 |
332 |
23,013 |
36,594 |
2008–09 |
13,286 |
9,887 |
13,502 |
328 |
23,717 |
37,003 |
2009–10 |
13,531 |
10,002 |
13,691 |
319 |
24,012 |
37,543 |
2010–11 |
14,221 |
10,873 |
13,033 |
433 |
24,339 |
38,560 |
Source: Public Safety Canada (2012). 2012 annual report on corrections and conditional release. Ottawa: Author. Table C2, p. 36. Accessed at www.publicsafety.gc.ca/cnt/rsrcs/pblctns/2012-ccrs/2012-ccrs-eng.pdf. Reprinted with permission of the Minister of Public Works and Government Services Canada, 2013. |
Women and minorities account for a disproportionate percentage of the total incarcerated populations. Federally sentenced female offenders are housed in five regional women’s facilities. The number of incarcerated women in these facilities is rising; figures for 2012 showed a 21 percent increase over the previous two years (Office of the Correctional Investigator, 2012). Aboriginal offender rates have also increased in the past decade, as these figures reported by the Office of the Correctional Investigator (2012, p. 35) clearly indicate:
- Over the last 10 years, while the overall non-Aboriginal inmate population has modestly increased by 2.4 percent, the Aboriginal inmate population has increased significantly by 37.3 percent.
- Approximately 4 percent of the Canadian population is Aboriginal, while
21.4 percent of the federal incarcerated population is Aboriginal.
- Aboriginal offenders are much more likely than others to have their parole revoked, less likely to be granted day or full parole, and are most often released on statutory release or held until warrant expiry date. (As noted in Chapter 3, statutory release refers to the requirement that offenders be released after serving two-thirds of their sentence, unless the Crown can establish that they should not be released.)
Figure 12.3 clearly shows the disproportionate rates of incarceration for Aboriginal offenders given the percentage of Aboriginal people in the general population. Also note the substantial variation in provincial rates, with Saskatchewan, Manitoba, Yukon, and Northwest Territories incarcerating a far higher percentage of Aboriginal offenders.
There were 54 attempted suicides and four completed suicides in 2010–11 in prisons, and all had mental health concerns, although none were identified as in imminent risk for suicide at the time of their death (Office of the Correctional Investigator, 2012).
Figure 12.3 Comparison of percentage of Aboriginal adults in the population and in custody, by province/territory
Note: Excludes admissions to custody in which Aboriginal identity was unknown. Excludes British Columbia and Nunavut due to the unavailability of data. Population estimates based on 2006 Census data.
Source: Dauvergne, M. (2012). Adult correctional statistics in Canada, 2010/2011. Catalogue no. 85002-X. Ottawa: Statistics Canada. Chart 7, p. 12 .Accessible from www.statcan.gc.ca/pub/85-002-x/ 2012001/article/11715-eng.pdf.
Given the rising corrections populations, it should not be surprising that costs are also increasing. Consider the following figures (Office of the Correctional Investigator, 2012, p. 3):
- Expenditures on federal corrections totalled approximately $2.375 billion in 2010–11, which represents a 43.9 percent increase since 2005–06.
- CSC’s budgetary expenditures for 2011–12 are estimated to be $3 billion. The annual average cost of keeping a federal inmate behind bars has increased from $88,000 in 2005–06 to over $113,000 in 2009–10.
- It costs $578 per day to incarcerate a federally sentenced woman inmate and just over $300 per day to maintain a male inmate. In contrast, the annual average cost to keep an offender in the community is about $29,500.
The increasing costs are in part due to the Criminal Code changes in the past few years that have resulted in the expansion of mandatory minimum sentences for many offences, a reduction in credit for pretrial detention time, and restricted use of conditional sentences. These measures disproportionally affect certain groups, including Aboriginal people and those with mental health problems (Cook & Roesch, 2012). These changes led Folsom (2010, p. 18) to comment on the impact they will have on the need for services, including mental health interventions: The single biggest challenge facing the correctional system in the next few years is the increase in the numbers of offenders that will result from proposed legislative changes such as expanding the list of crimes that carry mandatory minimum sentences to include drug offences and to the end of Statutory Release. As the population of offenders swells in the system, more offenders with mental health problems will enter the system and have more difficulty earning early release. This will place an additional burden on the correctional system and an increasing role for psychologists.
Community Supervision
As mentioned, most offenders—perhaps 80 percent or more—are supervised in the community. There are three major forms of community supervision: bail, probation, and parole. Bail is also known as pretrial release. Bail decisions may be made by the arresting officer, by the officer in charge at the police station when an individual is brought in after being arrested, or by a justice (Criminal Code, ss. 497, 498). Section 11(e) of the Canadian Charter of Rights and Freedoms states that “any person charged with an offence has the right not to be denied reasonable bail without just cause.” The starting point is that a person must be released without conditions on a promise to appear in court, unless just cause exists to order otherwise (Criminal Code, s. 515). Most commonly, bail is allowed with conditions—for example, the accused must not use intoxicating substances, must not use or carry firearms, and must not communicate with certain people or go to specified locations. An accused may also be required to deposit a specified sum of money with the court, with or without an undertaking to pay more if the accused does not appear at court (this is known as surety). The term of bail is often open-ended and may last for many months. Violation of the conditions of bail is a criminal offence that may result in immediate pretrial detention and new charges. Just cause to deny bail exists if, for example, the accused is a flight risk or poses a risk to harm another person if released. Accordingly, when a person is brought before them to consider bail, individuals in the criminal justice system must assess that person’s risk to offend. Often, they make these decisions quickly, without benefit of expert psychological evidence; however, a risk assessment is undertaken by the person making the decision to release.
bail security, usually cash or property, provided for the release of an arrested person as a guarantee of that person’s appearance for trial
probation a period of community supervision of an offender in lieu of incarceration; it may include conditions of release, which, if violated, may result in imprisonment or new charges
parole an early conditional release of an inmate who is supervised in the community and must comply with specified terms and conditions of release
Learning Objectives 12.2
Probation (and the related concept of “conditional sentence”) is a punishment following a provincial sentence. It is typically considered more serious than community service or fines but less serious than imprisonment. Offenders are generally sentenced to a defined period of probation, either instead of a term of imprisonment or following (consecutive to) a term of imprisonment. The term of probation is usually fixed, lasting from a few months to several years. Probation may include conditions similar to those used for people on bail, but often the conditions are more strict and may include such things as not using alcohol or other intoxicating substances, or not associating with people who are known criminal offenders. Violation of the conditions of probation is a criminal offence that may result in imprisonment (i.e., serving the rest of the term of probation in custody) or new charges.
Psychologists play a key role in the Canadian corrections system. Indeed, Correctional Services of Canada (CSC) is the largest single federal employer of psychologists, as it currently employs more than 300 psychologists (www.cscscc.gc.ca/text/carinf/psych-eng.shtml). CSC psychologists provide assessment and treatment services in both prisons and community settings. A recent survey of graduate programs in Canada indicates a growing interest in careers in forensic psychology (Olver, Preston, Camilleri, Helmus, & Starzomksi, 2011). The Criminal Justice Psychology Section of the Canadian Psychological Association represents members who work in a variety of criminal justice and forensic settings, including corrections. The remainder of this chapter will review psychology’s role in the assessment and treatment of offenders.
Offender Risk Assessment
The process of identifying risk and protective factors (see chapters 3 and 7 for review) for crime is referred to as offender risk assessment. Similarly, the process of preventing crime by influencing risk and protective factors is sometimes referred to as offender risk management (discussed later in this chapter). Offender risk assessment and management are integral to contemporary criminal justice responses to crime.
Risk Factors
A risk is a hazard that is incompletely understood; its occurrence can be forecast only with uncertainty. The hazard we are concerned with in this chapter is crime, and crime clearly is a complex phenomenon. The risk that someone will perform a criminal act can vary greatly, depending on such factors as nature, motivation, and severity of consequences. Accordingly, risk is multi-faceted and cannot be conceptualized or quantified simply—for example, in terms of the probability that someone will engage in crime. Instead, one must also consider the nature, seriousness, frequency or duration, and imminence of any future criminal conduct. Also, risk is inherently dynamic and contextual. For example, the risk posed by offenders depends on their place of residence, the kinds of services they receive, their motivation to establish a prosocial adjustment, the adverse life events they experience, if any, and so forth.
In essence, then, risk is not a characteristic of the physical world that can be evaluated objectively, but a subjective perception—something that exists not in fact, but in the eye of the beholder. These perceptions regarding the nature and degree or quantum of risk in a given case, as well as the selection of risk management strategies and tactics, are based in turn on judgments regarding the collective influence of myriad individual things or elements, referred to as risk factors. But what exactly is a risk factor? It is relatively easy to demonstrate, using a wide range of research designs, that a thing is, on average, correlated with crime. But things that are correlated with crime may be causes, features, concomitants, or even consequences of crime. A risk factor is a correlate that also precedes the occurrence of the hazard and, therefore, may play a causal role. Demonstrating that something is a risk factor requires longitudinal research or well-substantiated theory. Risk factors may be further subdivided into three types.
- Fixed risk markers do not change status over time (e.g., age at first violence; violence; childhood history of maltreatment).
- Variable risk markers change status over time, but these changes do not influence the outcome (e.g., personality disorder; substance misuse).
- Causal risk factors change status over time, and these changes influence the outcome (e.g., lack of insight; attitudes that support or condone violence).
Differentiating among these three types of risk factors also requires longitudinal designs and, ideally, experimental or quasi-experimental longitudinal designs. Considerable attention has been devoted to the identification of important risk factors for crime. One family of theories that has proven quite useful for this purpose may be referred to as decision theories.
offender risk assessment the process of identifying risk and protective factors for crime
risk factor a condition, behaviour, or other factor that increases risk for future offending
decision theories a family of theories which posit that the decision to commit a crime is
voluntary and purposeful
They posit that crime is a voluntary, purposeful human behaviour, or, put differently, that people engage in crime because they made a decision to do so. The decision is, in essence, a costbenefit analysis in which the offender perceives a situation in which engaging in crime is one potential course of action, evaluates the potential benefits of crime and views it as a means of successfully achieving one or more desired goals, evaluates the potential costs of crime and finds them acceptable, and then implements plans to engage in crime. According to these theories, risk factors are things that influence offenders’ decisions about crime—how and why they make decisions to engage in crime. One decision theory that is popular in correctional psychology is sometimes referred to as the Psychology of Criminal Conduct (PCC), or the General Personality and Cognitive Social Learning (GPCSL) perspective (Andrews & Bonta, 2006). It focuses most heavily on an offender’s personality, attitudes, and experiences.
Risk Assessment
Assessment is the process of gathering information for use in decision making. The specific assessment procedures used are determined by what is being assessed and the nature of the decisions to be made. In the case of offender risk assessment, we must assess what offenders have done in the past, how they are functioning currently, and what they might do in the future. The decisions to be made are strategic in nature, including what should be done to cope with or manage the risks posed by an offender.
It is impossible for any single offender risk assessment procedure to achieve all these goals with maximum efficiency. Similarly, it is impossible for the various parties interested in offender risk assessment (correctional psychologists, prison administrators, offenders, lawyers, judges, victims, parole board members, etc.) to reach a consensus regarding which procedure is best for all purposes and in all contexts. Instead, correctional professionals should choose the best procedure or set of procedures for a particular assessment of a particular offender.
Approaches to Offender Risk Assessment
Correctional psychologists use two basic approaches to reach opinions about offender risk: professional judgment and actuarial decision making. These terms refer to how information is weighted and combined to reach a final decision, regardless of the information that is considered and how it was collected. The hallmark of professional judgment procedures is that the evaluator exercises some degree of discretion in the decision-making process, although it is also generally the case that evaluators have wide discretion concerning how assessment information is gathered and which information is considered. It comes as no surprise that unstructured clinical judgment is also described as “informal, subjective, [and] impressionistic” (Grove & Meehl, 1996; p. 293). In contrast, the hallmark of the actuarial approach is that, based on the information available to them, evaluators make an ultimate decision according to fixed and explicit rules. It is also generally the case that actuarial decisions are based on specific assessment data, selected because they have been demonstrated empirically to be associated with violence, and coded in a predetermined manner. The actuarial approach also has been described as “mechanical” and “algorithmic.”
Professional Judgment Procedures
The professional judgment approach comprises at least three different procedures. The first is “unstructured professional judgment,” or “unstructured clinical judgment.” This is decision making in the complete absence of structure, a process that could be characterized as “intuitive” or “experiential.” Historically, it is the most commonly used procedure for assessing offender risk and, therefore, is very familiar to correctional psychologists as well as to courts and tribunals. It has the advantage of being highly adaptable and efficient; it is possible to use intuition in any context, with minimal cost in terms of time and other resources. It is also person centred, focusing on the unique aspects of the case at hand, and thus, can be of great assistance in planning interventions to manage offender risk. The major problem is that there is little empirical evidence that intuitive decisions are consistent across professionals or, indeed, that they are helpful in preventing crime. As well, intuitive decisions are unimpeachable; it is difficult even for the people who make them to explain how they were made. This means that the credibility of the decision often rests on charismatic authority—that is, the credibility of the person who made the decision. Finally, intuitive decisions tend to be broad or general in scope, so that they become dispositional statements about the offender (“Offender X is a very dangerous person”) rather than a series of speculative statements about what the offender might do in the future, assuming various release conditions.
The third procedure is known as “structured professional judgment.” Here, decision making is assisted by guidelines that have been developed to reflect the state of the discipline with respect to scientific knowledge and professional practice. Such guidelines—sometimes referred to as clinical guidelines, consensus guidelines, or clinical practice parameters—are quite common in medicine, although used less frequently in psychiatric and psychological assessment. The guidelines attempt to define the risk being considered; discuss necessary qualifications for conducting an assessment; recommend what information should be considered as part of the evaluation and how it should be gathered; and identify a set of core risk factors that, according to the scientific and professional literature, should be considered as part of any reasonably comprehensive assessment. Structured professional guidelines help to improve the consistency and usefulness of decisions, and certainly improve the transparency of decision making. They may, however, require considerable time or resources to develop and implement. Also, some evaluators dislike this middle-ground or compromise approach, either because it lacks the freedom of intuitive decision making or because it lacks the objectivity of actuarial procedures.
Actuarial Procedures
There are at least two types of actuarial decision making. The first is the actuarial use of psychological tests. Classically, psychological tests are structured samples of behaviour designed to measure a personal disposition—that is, an attempt to quantify an individual’s standing on some trait dimension. Research indicates that some dispositions, such as psychopathy, major mental illness, and impulsivity, are associated with offender risk in a meaningful way. On the basis of research results, one can identify cut-off scores on a test that maximize some aspect of predictive accuracy. This procedure has several strengths, most importantly its transparency and the demonstrated consistency and utility of decisions made using tests. One major problem is that the use of psychological tests requires considerable discretion. Correctional psychologists must decide which tests are appropriate in a given case, and judgment also may be required in test scoring and interpretation. Another problem is that reliance on a single test does not constitute a comprehensive evaluation and will provide only limited information for use in developing management strategies and tactics. More generally, the actuarial use of psychological tests focuses professional efforts on passive crime prediction rather than crime prevention.
The second type of procedure is the use of actuarial risk assessment instruments. In contrast to psychological tests, actuarial instruments are not designed to measure anything but solely to predict the future. Typically, they are constructed with great precision, optimized to predict a specific outcome in a specific population over a specific period of time. The items in the scale are selected either rationally (on the basis of theory or experience) or empirically (on the basis of their association with the outcome in test construction research). The items are weighted and combined according to an algorithm to yield a decision. In offender risk assessment, the “decision” generally is the estimated likelihood of future crime (e.g., arrest, charge, or conviction for a new offence) over some period of time. Like psychological tests, actuarial instruments have the advantage of transparency and direct empirical support; they also suffer many of the same weaknesses, including the need for discretion in selecting a test and interpreting findings, and the limitations of the test findings for use in planning interventions. There are additional problems with actuarial instruments that estimate the absolute likelihood or probability of recidivism. One is that they require tremendous time and effort to construct and validate. In cases where the time frame of the prediction is long, true cross-validation may require decades. Also, when psychologists construct actuarial tests, there is an unavoidable tradeoff between the precision of estimated recidivism rates and their generalizability: the more precisely one estimates the recidivism rate of a particular group or sample, the less likely it is that the estimate will accurately describe the recidivism rate of other groups or samples (and vice versa). The same statistical procedures that optimize predictive accuracy in one setting will decrease that test’s accuracy in others. Finally, it is easy to give too much weight to information concerning the estimated likelihood of recidivism provided by actuarial tests. Most actuarial tests of offender risk yield very precise likelihood estimates, proportions with two or three decimal places, but they do not provide the information necessary to understand the error inherent in these estimates. When one considers the fact that many of these estimates were derived from relatively small construction samples and have not been validated in independent samples, it is clear that the actuarial test results are only pseudo-precise. It is important for any professional who uses actuarial tests to understand and explain to others the limitations of absolute likelihood estimates of recidivism.
Example: The Level of Service–Case Management Inventory
The Level of Service–Case Management Inventory (LS-CMI) was developed by a group of correctional psychologists working in Canada that included Don Andrews, James Bonta, and Steve Wormith (Andrews, Bonta, & Wormith, 2004). It is a set of structured professional judgment (SPJ) guidelines that assist the assessment and management of risk for general criminality. It is intended for use by a variety of correctional professionals, including correctional psychologists. The LS-CMI is to be used with male and female offenders, aged 16 and older, in institutions or the community. It comprises 11 sections that require evaluators to make a series of ratings, based on a semi-structured interview with the offender and a review of relevant records, and then document various opinions, recommendations, and decisions (see Table 12.2 for an overview). Section 1 contains 43 items that are summed to yield an actuarial (i.e., formulaic or algorithmic) risk/need score. The items in Section 1 tap eight domains of psychosocial functioning: criminal history, education/employment, leisure/recreation, family/marital, companions, alcohol/drug problems, pro-criminal attitude/ orientation, and antisocial pattern. The items were selected rationally, according to PCC and GPSCL theoretical frameworks. Sections 2 through 5 contain items that reflect other specific risk, need, and responsivity factors. These items are considered less important than those in Section 1, according to theory and research, but are still potentially relevant to risk. In Sections 6 and 7, evaluators reach final opinions concerning the risks posed by the offender.
Table 12.2 Overview of the Level of Service–Case Management Inventory (LS-CMI): See canvas.
The LS-CMI and its progeny, although originally developed in Canada for use with male offenders in community settings, are now used routinely by various correctional systems around the world. It is no exaggeration to say that the LS-CMI is the “gold standard” for offender assessment. It is used with the entire range of offenders, including those in custody, adult females, juvenile delinquents, mentally disordered offenders (MDOs), violent offenders, and so on. Its ability to predict future criminal behaviour has been confirmed by a number of empirical evaluations. For example, according to recent meta-analyses, the average correlation between total scores on Section 1 of the LS-CMI (or previous versions of the test) and general recidivism among offenders on community supervision is about r = .25; the average correlation with institutional infractions is about r = .15. There is also some research indicating that the LS-CMI is sensitive to changes in risk over time—that is, it can be used to measure whether an offender’s risk is increasing or decreasing over time.
Other Risk Assessment Instruments and Related Tests
Despite its successes, there are at least three important limitations of the LS-CMI as a risk assessment measure. First, it uses a simplistic definition of risk: the probability that an offender will be officially sanctioned for antisocial or criminal behaviour over a given period of time. The LS-CMI can’t be used to forecast an offender’s risk to commit specific types of crime (e.g., sexual violence, intimate partner violence), the severity of any future crime (e.g., no physical harm versus serious or life-threatening violence), or the risk during other time periods (e.g., the next two to four weeks, the next 15 years).
In light of these limitations, it should come as no surprise that several other risk assessment instruments are often used in addition to or instead of the LS-CMI (see Table 12.3). Some of these tests are intended to assess specific risks. For example, correctional psychologists who work with sexual offenders may use a test like the STATIC-99 (Hanson & Thornton, 1999), an actuarial test developed to estimate an offender’s risk for specific forms of sexual violence, or special-to-purpose SPJ guidelines such as the Sexual Violence Risk-20 (SVR-20; Boer, Hart, Kropp, & Webster, 1997) or the Risk for Sexual Violence Protocol (RSVP; Hart et al., 2003). Others are intended for specific settings. For example, correctional psychologists who work with offenders newly admitted to jail may use management-focused SPJ guidelines such as the Jail Screening Assessment Tool ( JSAT; Nicholls et al., 2005).
Specialized actuarial risk assessment instruments tend to be relatively brief tests that closely resemble Section 1 of the LS-CMI, except that the content reflects more specific risk factors. A good example is the STATIC-99. It comprises 10 items, several of which reflect prior sexual offences (see Table 12.4 for a summary). Evaluators rate each item based on a review of official records. Item ratings are summed to yield a total score. Cut-offs are used to categorize offenders into several groups.
In contrast, specialized SPJ guidelines tend to be longer, more comprehensive, and management focused. In this respect, they resemble the full LS-CMI. A good example here is the RSVP. Its administration process comprises six steps. In Step 1, evaluators gather relevant information. In Step 2, they consider the presence of 22 standard risk factors (see Table 12.5), as well as any other case-specific risk factors.
Table 12.5 Risk Factors in the Risk for Sexual Violence Protocol (RSVP): See Canvas
Correctional psychologists also have developed tests that are used to assess specific risk factors or aspects of risk. One example is the Hare Psychopathy Checklist-Revised (PCL-R; Hare, 1991, 2003). The PCL-R was developed to assess symptoms of psychopathic personality disorder, which subsequent research indicated is a robust risk factor for several forms of serious and violent crime. The PCL-R is used in many correctional systems around the world as part of comprehensive offender risk assessments, and it is also used as part of other actuarial and SPJ risk assessment instruments such as the Violence Risk Appraisal Guide (VRAG; Quinsey, Harris, Rice, & Cormier, 1998, 2006), the HCR-20 (Webster et al., 1997), and the SVR-20 (Boer, Hart, Kropp, & Webster, 1997). Other tests have been designed to tap an offender’s self-reports related to several aspects of risk. Although research indicates that these tests are predictive of future criminality, their primary utility is as one part of a more comprehensive risk assessment.
Learning Objectives 12.3
ethic of control the philosophy that offenders should be detained in a safe and just manner
ethic of care the philosophy that offenders should be provided with the services needed to help them become law-abiding and productive members of society
Offender Risk Management
There has always been a tension in the philosophy underlying the correctional system between the ethics of control versus care. The ethic of control serves the goals of protection of public safety, retribution, and individual and general deterrence. It emphasizes the need to ensure that offenders are detained or supervised in a safe and just manner. In contrast, the ethic of care serves rehabilitative goals. It emphasizes the need to provide offenders with the services required to help them become law-abiding and productive members of society. Correctional psychology has tried to balance these ethics by developing effective offender assessment and treatment services. The services offered usually address the most common and important risk factors for crime, such as impulsivity, antisocial attitudes, educational and vocational problems, substance abuse, anger, disturbed family relationships, and mental disorders. The primary goal of these programs, and the primary outcome used to evaluate their effectiveness, is reduction in recidivism rates. If a program results in fewer offenders committing new crimes, this benefits everyone; it is thus consistent with both control and care. Implementing good correctional treatment programs is costly, but even a small reduction in recidivism rates may result in huge economic (not to mention societal) benefits. This section will review strategies for integrating risk assessment with interventions programs.
Strategies for Offender Risk Management
Offender risk management activities can be divided into four basic categories: monitoring, treatment, supervision, and victim safety planning.
Supervision involves the restriction of the offender’s rights or freedoms. The goal of supervision is to make it (more) difficult for the offender to engage in further violence. An extreme form of supervision is incapacitation—that is, involuntary institutionalization of the offender in a correctional or health care facility. Incapacitation is clearly an effective means of reducing the offender’s access to potential victims. It is, however, by no means perfectly effective. The offender may escape from the institution or even commit crimes while institutionalized. Incapacitation also has other disadvantages: it is expensive, it restricts accessibility to treatment services, and it may promote the development of antisocial attitudes by increasing the offender’s contact with antisocial peers and by creating a sense of powerlessness or frustration. Community supervision is much more common than institutionalization. Typically, it involves allowing the offender to reside in the community with restrictions on activity, movement, association, and communication. Restrictions on activity may include requirements to attend vocational or educational programs, not to use alcohol or drugs, and so on. Restrictions on movement may include house arrest, travel bans, “no go” orders (i.e., orders not to visit specific geographic areas), and orders to travel only with identified chaperones.
offender risk management the process of preventing crime by influencing risk and protective factors
monitoring evaluating changes in risk level over time
treatment the provision of interventions intended to improve an offender’s psychosocial adjustment
supervision placing restrictions on an offender’s rights and freedoms
victim safety planning improving the security resources of potential victims
risk principle the view that the level of services provided to offenders should be based on their level of risk to reoffend
need principle the view that offender services should target causal risk factors
responsivity principle the view that services for offenders should be delivered in a way that maximizes their effectiveness; this provides for cognitive behavioural treatment that is tailored to an individual’s learning style, motivation, abilities, and strengths
Restrictions on association may include orders not to socialize or communicate with past or potential victims or with specific people or groups of people who may encourage antisocial acts.
Victim safety planning involves improving the security resources of potential victims, a process sometimes referred to as “target hardening.” The goal is to ensure that, if crime recurs despite all monitoring, treatment, and supervision efforts, any negative impact on the victims’ psychological and physical wellbeing is minimized. Victim safety planning is most relevant in situations that involve “targeted violence.”
An Integrated Approach to Offender Risk Management: The Risk-Need-Responsivity (RNR) Model
Over the past 20 years, what has come to be known as the Risk-Need-Responsivity (RNR) model has emerged as the dominant approach to offender treatment in correctional psychology. It was developed by the same people responsible for the LS-CMI, together with colleagues such as Paul Gendreau, Robert Hoge, and Robert Ross (e.g., Andrews, Bonta, & Hoge, 1990; Gendreau & Ross, 1979).
Table 12.6 shows how seven major risk/need factors can be assessed and then related to intervention goals. Development of the RNR model was motivated by the rather unhappy state of the research literature on the effectiveness of correctional treatment that existed in the 1970s. At that time, there was no good evidence that correctional treatment reduced recidivism rates in offenders, or even that it made offenders feel much better.
Table 12.6 The Seven Major Risk/Need Factors, Indicators, and Intervention Goals: See Canvas
- targeted high-risk rather than low-risk offenders;
- focused on concrete goals, such as changing criminal behaviour, rather than improving self-esteem;
- relied on structured or skills-focused interventions rather than unstructured or psychotherapeutic interventions;
- were often delivered to groups rather than individuals.
Based on these findings, they formalized the RNR principles. Their conclusion was that the effectiveness of a correctional treatment depends directly on its consistency with RNR principles. For example, Bonta and Andrews (2007) reviewed residential and community-based offender treatment programs, rating each according to the number of RNR core principles to which they adhered (0 = no adherence, 3 = complete adherence). The effectiveness of each treatment program was indexed using r as an effect size measure. The mean effectiveness was calculated for each adherence score. Institutional and community programs with adherence scores of 3 (i.e., adherence to all RNR core principles) had effect sizes of .17 and .35; this corresponds to reduction in recidivism rates of roughly 17 and 35 percentage points, respectively, for treated versus untreated offenders. In contrast, the effect size for adherence scores of 0 (adherence to no RNR core principles) were actually negative: −.10 for institutional programs and −.02 for community programs. Treatment programs that ignored RNR principles were either ineffective or may have actually increased recidivism rates by up to 10 percentage points (see Figure 12.4).
The RNR approach has had some positive impacts on correctional psychology. First, and perhaps most important, it replaced the nihilistic dogma that “Nothing works!” with a more constructive question, “What works?” This promoted the development of systematic, evidence-based offender treatment programs.
Figure 12.4 Reduction in recidivism rates as a function of adherence to risk-need-responsivity (RNR) principles in residential and community correctional treatment programs Source: Bonta, J., & Andrews, D. A. (2007). Risk-need-responsivity model for offender assessment and rehabilitation. Ottawa: Public Safety Canada, Figure 2, p. 11. Accessible at www.publicsafety.gc.ca/cnt/rsrcs/pblctns/rsk-nd-rspnsvty/index-eng.aspx. Reprinted with permission of the Minister of Public Works and Government Services Canada, 2013.
Second, it highlighted the need for routine evaluation of treatment programs, which led to a great increase in high-quality empirical research (see Smith, Gendreau, & Swartz, 2009, for a meta-analysis of treatment studies). Third, in combination with the underlying PCC or GPSCL theoretical framework, it helped correctional psychologists practise in a rational and reasonable manner and, especially, balance the conflicting ethics of control and care. It is an excellent conceptual tool for guiding the development and delivery of psychological services in corrections.
RNR and GL are similar in many respects, as proponents of both approaches acknowledge. In theory, GL may be seen as an expansion of RNR to include some factors deemed “noncriminogenic needs” by RNR but “primary human goods” by GL. In practice, the major differences between them are that, compared to RNR, GL treatment (1) deals more explicitly with the goals and values of offenders, and (2) includes a focus on the process by which offenders attempt to construct meaning in their lives.
Example: Reasoning and Rehabilitation-Revised Program
The Reasoning and Rehabilitation-Revised Program, formerly known as the Cognitive Skills Training Program, was developed at the same time as RNR principles (see Andrews & Bonta, 2006). Its goal is to prevent general criminality. It was the first offender treatment program to be implemented nationally in Canada, and has subsequently been implemented in correctional systems in the United States and in other countries, such as Australia, Germany, New Zealand, Norway, Sweden, and the United Kingdom.
Findings such as these give reason for optimism, but it is important to note some important limitations of the Reasoning and Rehabilitation-Revised Program. First, the dropout rate is too high: about 1 of 4 offenders do not complete treatment. More must be done to build and maintain offender motivation. Second, the reconviction rate is too high, even among offenders who complete treatment: about 1 in 2 reoffend within two to five years. Third, evaluations rely too heavily on quasi-experimental designs, rather than randomized trials. Fourth, the program is targeted at general criminality, rather than specific forms of offending. Its effectiveness with, say, intimate partner violence or sexual offenders is unknown. Finally, the active process (i.e., mechanism of change) underlying treatment is not clear. According to theory, it works by changing the thinking styles of offenders—increasing prosocial attitudes, decreasing impulsivity, and so forth. But there is not good research support for this assumption; indeed, some evaluations have found that offenders who report greater attitude change have higher reconviction rates than those who report less attitude change.
Other Offender Treatment Programs
To address risk for general criminality, some correctional systems also offer programs to enhance life skills in such areas as employment, education, anger management, parenting, and leisure activities. To address more specific forms of criminality, some offer programs for sexual violence, family violence, or other violence. To address mental health problems related to risk for general or violent criminality, some offer programs for offenders with substance use problems, acute mental illness, intellectual deficits, or personality disorder. Many of these programs are modelled closely on the Reasoning and Rehabilitation-Revised Program in terms of format and structure.
Evaluations of these treatment programs have yielded generally positive findings, insofar as they are often associated with short-term improvements in attitudes, adjustment, and skills, and sometimes with long-term reductions in recidivism rates. But these evaluations also have found evidence of the same problems that have plagued the Reasoning and Rehabilitation-Revised Program: high attrition (dropout) rates, typically in the range of 30 to 60 percent; high recidivism rates, even among offenders who successfully complete treatment; lack of high-quality evaluations in the form of randomized controlled trials; and lack of research on mechanisms of change. For example, systematic reviews of the effectiveness of sex offender treatment programs include scores of studies, but only a few of these are randomized controlled trials. Although there is evidence that successful treatment on average reduces the rate of sex offence recidivism by about one-quarter to one-third, the results of randomized controlled trials indicated the reduction in recidivism associated with treatment was very small or even nonexistent. The same pattern of findings is evident in evaluations of intimate partner violence treatment programs.
Summary
The corrections system in Canada is highly complex, responsible for managing offenders in both institutions and the community. The corrections system has grown dramatically over the past 50 years and increasingly has taken responsibility for not just supervising but also rehabilitating offenders. Correctional psychology has grown and evolved along with the system it services. Correctional psychologists have made important contributions to the development, implementation, and evaluation of a wide range of theory-grounded and evidence-based offender risk assessment procedures and offender risk management programs. Their work is critical to improving the lives of offenders while protecting and enhancing public safety.
Discussion Questions
- What is a risk factor? Give a general definition, then identify and briefly define three subtypes of risk factors.
- Incarceration rates for Aboriginal people are increasing and are disproportionate to the population rate. Discuss reasons why this is the case and what might be done to address this issue.
- What are the basic approaches to offender risk assessment? Discuss them, then identify and briefly define the major types of each approach.
- What is the dominant approach to offender treatment in correctional psychology? Identify the approach, and then identify and briefly define its major elements.
Key Terms
bail
parole
victim safety planning
References
Andrews, D. A., & Bonta, J. (2006). The psychology of criminal conduct (4th ed.). Cincinnati: Anderson.
Quinsey, V. L., Harris, G. T., Rice, M. E., & Cormier, C. A. (1998). Violent offenders: Appraising and managing risk. Washington, DC: American Psychological Association.
Wormith, J. S., Althouse, R., Simpson, M., Reitzel, L. R., Fagan, T. J., & Morgan, R. D. (2007). The rehabilitation and reintegration of offenders: The current landscape and some future directions for correctional psychology. Criminal Justice and Behavior, 34, 879–892.
Suggested Readings and Websites
Correctional Service of Canada: www.csc-scc.gc.ca/index-eng.shtml.
Office of the Correctional Investigator: www.oci-bec.gc.ca/index-eng.aspx.