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Profiling Offenders

Profiling Offenders. Dr. Tony Reggi NCDPS 919-838-3643 Anthony.Reggi@ncdps.gov. The necessity of this approach. New EEOC Guidance's;

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Profiling Offenders

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  1. Profiling Offenders Dr. Tony Reggi NCDPS 919-838-3643 Anthony.Reggi@ncdps.gov

  2. The necessity of this approach • New EEOC Guidance's; The new guidance has all the old elements to consider when using criminal background checks including consideration of the nature and gravity of the offense, how much time has passed and the nature of the job. However, it does add a new requirement of “individual assessment.” (Angela Preston, National Association of Professional Background Screeners)

  3. The necessity of this approach • Looking back, In the twenty years since the Commission issued its three policy statements, the Civil Rights Act of 1991 codified Title VII disparate impact analysis, and technology made criminal history information much more accessible to employers.

  4. The necessity of this approach • The Third Circuit Court of Appeals noted in a 2007 decision that the Commission should provide in-depth legal analysis and updated research on this issue. • To further assess the impact of using criminal records in employment decisions. The Commission has examined: • information about various state and federal laws • court decisions • criminological research • social science

  5. Assess properly • The use of individualized assessments can help employers avoid Title VII liability by allowing them to consider more complete information on individual applicants or employees, as part of a policy that is job related and consistent with business necessity.

  6. What to Assess • Looking beyond Crime Class and Type • It is important to know and consider the type of crime (selling drugs, theft, or assaultive) and how the court deemed its seriousness or class (misdemeanor or felon).

  7. Principles of Evidence Based Practices     1)  Assess Actuarial Risk/Needs     2)  Enhance Intrinsic Motivation     3)  Target Interventions     4)  Skill Train with Directed Practice     5)  Increase Positive Reinforcement     6)  Engage Ongoing Support in Natural Communities     7)  Measure Relevant Process/Practices     8)  Provide Measurement Feedback

  8. What to Assess • It is important to consider the time elapsed since the conviction and how the individual spent that time.

  9. What to Assess • However, for employment purposes, it is far more important to determine the likelihood of further criminal activity. • Will this person pose a threat to my employees, customers or company?

  10. Understanding risk and need • Instead of severity, Or crime class think in terms of risk and criminogenic needs. • Risk the likelihood of being re-arrested • Criminogenic Needs are factors in an offender’s life that are directly related to recidivism.

  11. Risk • The risk principle speaks of who should be treated (the higher risk offender), the need principle speaks to what should be treated (criminogenic needs) and the responsivity principle helps determine how to treat.

  12. Risk • Risk is in two categories: Static (not changeable) and Dynamic (changeable) • Dynamic Risk can be reduced through external controls to monitor the behavior of the off ender, such as contacts, drug tests, electronic monitoring, curfew restrictions and service requirements.

  13. Evidence Based Practices and the Community Offender Traits Inventory accurate assessment for risk of re-arrest http://www.doc.state.nc.us/legislative/2010/PSI_Report.pdf (appendix C) Effective in targeting resources.

  14. 1. Convictions (0, 1, 2, 3) Select all applicable and add for score: 1 - DWI 2 - Housebreaking, B & E, Burglary, Stolen Property 2 - Robbery 3 - Forgery 0 - Other Total 3. Marital (0, 3, 5) 0 - Married/Widowed 3 - Separated/Divorced 5 – Single Total 2.Financial Status (0,3,6) 0 - Self sufficient, capable of handling financial needs 3 - No known difficulty 6 - Some or severe difficulty in meeting court and other obligations Total 4. Attitude (0,6) 0 - Motivated to change, receptive to assistance 6 - Dependence or unwilling to accept responsibility, or rationalizes behavior Total OTI

  15. 5. Drug Addiction (0, 5) 0 - No history of drug addiction 5 - Past history of drug addiction Total 7. Employment (0, 4) 0 - Employed, passing in school 4 - Unemployed/Unstable employment, problem student Total 9. Gender (0, 7) 0 - Female 7 - Male Total 6. Employment (0, 4) 0 - Employed more than 7 months 4 - Employed less than 7 months during the past 12 months Total 8. High School Dropout (0, 3) 0 - Finished or in school 3 - High school dropout Total 10. Age (enter points based on age -see instructions) OTI

  16. Scoring • Level Average Risk OTI Range • Minimum 9% 00-15 • Low 14% 16-25 • Moderate 23% 26-35 • High 31% 36+ • Chart reflects the average risk of re-arrest within the 1st year of supervision based upon the OTI score

  17. OTI Instructions • The purpose of the OTI is to assess the offender's risk of re-arrest (further criminal involvement) and not dangerousness or propensity • toward violence • 1. Convictions • This items looks at the offender conviction history. It applies only to the offense(s) for which the offender was actually convicted - not • arrested. Should an offender have multiple prior convictions, check all of the categories that apply; maximum points = 10 • The crime categories with greater than 0 points assigned are those that were shown to be predictive when the OTI was developed. • If an offender's offense cannot fit into any of these categories (for example, bribery), check the box marked "Other," and zero points • will be assigned since it was not among the crimes determined to predict recidivism. • 2. Financial Situation • This is an indication of one's ability to manage his financial situation • 0 Self sufficient, capable of handling finances - Earns enough income to meet obligations and maintain savings. • 3 No know difficulty - Can meet immediate expenses, but needs limited budgeting and counseling, including offenders where there is insufficient information to make a determination. • 6 Some/severe difficulty in meeting court and other obligations - Sufficient resources with poor management of money or insufficient financial resources; heavy debt, totally incapable of managing financial matters.

  18. OTI Instructions • 3. Marital • The intent of this category is to evaluate the supportive relationships that exist. • 0 Married/widowed - Currently married and living with spouse or spouse deceased • 3 Separated/divorced - Married at one time, currently separated from spouse or legally divorced • 5 Single - Never been married • 4. Attitude • This is a judgmental question that is dependent on the officer's knowledge of the offender. • 5. Drug Addiction • Serious problems: Major abuse or addiction, needs treatment for heroin, cocaine, barbiturate or other drug dependence.

  19. OTI Instructions • 6. Employment during last 12 months • This item refers to all offenders who are members or potential members of the labor force. The issue here is not the number of jobs an offender may have had, but the actual length of time spent employed. In determining the score, consider the following: • - The value is scored based on full-time employment - 30 hours or more per week; • - Part-time employment - less than 30 hours per week; give only half the value of full-time; • - Students, homemakers, retired persons, or physically disabled persons are not considered part of the labor force • scoring is based on a percentage of time in the labor force • 7. Unstable Employment/Problem Student • Concerns those offenders who have shown a tendency to work irregularly, lose jobs as a result of absenteeism or in other ways there is an indication that continued employment is unlikely. • Student - Offender attending school and having school related problems • 8. High school dropout (self explanatory) • 9. Male (self explanatory) Gender is scored 7 points for male and 0 points for female

  20. OTI Instructions • 10. Age (self explanatory) • AGE POINTS AGE POINTS • < 19 8 47-48 -1 • 19-21 6 49 -2 • 22-24 7 50-51 -3 • 25-32 6 52 -4 • 33-35 5 53 -5 • 36-38 4 54-55 -6 • 39-40 3 56 -7 • 41-42 2 57 -8 • 43-44 1 • 45-46 0

  21. Assessing Risk • Giving the Offender Trait Inventory • Remember this assesses for risk of re-arrest only. • It does NOT assess for criminogenic need

  22. Most Commonly Used 4th Generation Risk / Need / Responsivity Assessment Instruments Correctional Offender Management Profiling for Alternative Sanctions (COMPAS) Static Risk and Offender Needs Guide (STRONG) Ohio Risk Assessment System (ORAS) Level of Service / Risk, Need, Responsivity (LS/RNR) Level of Service / Case Management Inventory (LS/CMI) Youth Level of Service / Case Management Inventory (YLS/CMI)

  23. The “Big Six”

  24. Assessing Risk and Needs L1 Both criminogenic needs criminal peers and dysfunctional family flagged or juvenile Record (Extreme risk: score of 69-100). L2 Any other combination (more than one) of the Big 4 criminogenic needs (anti-social personality, criminal peers, dysfunctional family, anti-social values). (High risk: score of 50-68).

  25. Assessing Risk and Needs • L3 One of the Big 4 criminogenic or both of the lesser two criminogenic needs (substance abuse or self control) (Moderate risk: score of 26-49). • L4 Any of the lesser criminogenic needs (Substance Abuse or Low Self Control) or any other needs associated with criminal behavior (Employment, Academic/Vocational or Financial). (Low risk: score of 11-25). • L5 Any of the non criminogenic needs (Physical Health, Transportation, Legal, Housing). (Minimal risk: score of 0-10).

  26. Intervention suggestions by Criminogenic Need Criminogenic needs Intervention Suggestions Anti-Social Values CBI, Education, employment, community involvement Anti-Social Behavior CBI, Health, finance, leisure time, support, housing, Education Criminal Peers CBI, Housing accommodation, Positive associates, community involvement, Recreational programs, leisure time

  27. Intervention suggestions by Criminogenic Need Low self Control Anger management, CBI, Thinking reports, Mental Health, DV programs, health, work & school involvement Substance Abuse TASC assessment – follow recommendations Dysfunctional Family Positive Parent or relative, family counseling or support groups

  28. Addressing Need • Studies have clearly indicated that the post-release employment has exerted an important preventive mechanism to prevent released offenders from becoming involved in criminal activities. (Finn 1998; Harrison and Schehr 2004; Solomom, Visher, La Vigne, and Osbourne 2006; Visher, Debus, and Yahner 2008; Uggen 2000; Uggen and Staff 2001)

  29. Holistic Approach • Employment assistance should: • Be combined with agreements to address needs. • Be showing an employer that the ex offender is proactively making life changes. • Be working collaboratively with other appropriate community partners. • Be based on open dialogue with employers.

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