Evidence-Based Practice and Policy Reform:

Challenges, Pitfalls and Opportunities

Presentation to the Indiana Center for Evidence-Based Practices Learning Institute

September 21, 2010Kristy Pierce – Danford, MPA, Crime and Justice Institute

Crime and Justice Institute (CJI) at Community Resources for Justice

About Us• Community Resources for Justice

– Direct services• Residential, reentry and day programming for adult

and youth offenders, at-risk youth, and adults with mental illness and developmental disabilities

• Crime and Justice Institute– Nonpartisan consulting

• Policy analysis, research services, and capacity building technical assistance to improve public safety systems throughout the country.

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Our Work• CJI takes a broad view of public safety and the role

we play in achieving positive change. We: Promote policies that support positive public safety

outcomes

Promote system change through evidence based practices

Provide capacity-building technical assistance

Conduct research and program evaluation

Develop issue papers, policy briefs and recommendations

Conduct forums and focus groups to initiate public dialogue

Design and test new problem-solving models

Guide and facilitate public-private collaborations

Conduct educational and advocacy activities

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CJI/NIC Integrated Model for the Implementation of Evidence Based Policy and Practice

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Created by CJI through a cooperative agreement

with NIC in 2002

Visit www.cjinstitute.org/projects/integratedmodel September 21, 2010

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Integrated Model Impact• Orange County, CA saw new felony

offenses among probationers drop from 18% to 10%.

• Maricopa County, AZ increased successful probation terminations from 69% to 76%.

• Kansas Community Corrections was able to successfully implement Senate Bill 14 and reduce revocations to prison by more than 20%.

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EBP Policy Reform• Partners in the Pew Center on the States,

Public Safety Performance Project

• Policy Framework– Reduce costs– Reduce reliance on incarceration– Improve public safety

• SC Omnibus Sentencing Reform and Crime Reduction Act

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An Age Old Debate

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Utilitarian Expressive

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Public Safety and Punishment

• Looking Backward– “Just deserts” punishment proportionate to the

severity of the offense and blameworthiness• Looking Ahead

– Specific and general deterrence– Restoration– Incapacitation – Rehabilitation

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Public Safety and Punishment

• Sentencing Types– Indeterminate– Determinate

• Concentration of Power and Discretion– Legislative– Judicial– Executive

• What most effectively and efficiently controls crime?

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Historical Context• Colonial times (determinate)

– Prevention and punishment was generally prescribed by the legislature with some precision

– E.g., whipping, stockades, branding, death, fines, restitution, banishment

• 1790 to 1820 (determinate)– Judicial discretion within limited ranges described by

the legislature– Limited death and corporal punishments and began to

shift toward incapacitation and reform

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Historical Context• Late 1800s to early 1900s (early indeterminacy)

– Began to shift discretion to judicial and executive branches as rehabilitation took hold

– Crime as a moral disease that is to be treated; rehabilitation over “vindictive suffering” or lapses in time

• Through the late 1900s (indeterminate)– Judiciary ordered sentences within broad ranges

prescribe by the legislature– Increasing use of community corrections and executive

branch discretion– E.g., Correctional authority to determine the actual

length of incarceration necessary to achieve “reform” 11www.cjinstitute.org

Historical Context• 1970s onward (toward determinacy)

– Opposition to “lenient” sentences and early parole release which were blamed for the perceived skyrocketing crime rate

– Growing disillusionment with rehabilitation and distrust in state correctional systems

– Perfect storm toward determinacy and limitations on judicial and executive discretion• Rockefeller laws, 3 Strikes, Willie Horton

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Correctional populations more than tripled in the last few decades.

INDIANA

1:26 Adults (Dec. 2007)

1:106 Adults(1982)

SOURCE: Bureau of Justice Statistics correctional surveys as cited by PSPP in the 2009 “1:31” reportNOTE: Due to offenders with dual status, the sum of these four correctional categories slightly over states the correctional population

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PSPP’s 1:31 report illustrates an exponential increase in the cost of corrections.

Indiana spent 5.3%

of State General

Fund dollars on

corrections in FY 2008.

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SOURCES: Spending figures were collected from AR, AL, AK, CO, DE, GA, ID, IA, KY, LA, MA, ME, MD, MI, MN, MS, MO, MT, NC, ND, NE, NH, NM, NY, OK, OR, PA, RI, SD, TN, TX, VT, VA and WY. NOTE: Caution should be used in making interstate comparisons since a wide variety of factors beyond agency performance or efficiency can account for daily cost differences. Some states have separate probation and parole agencies while others have combined them.

SOURCES: PSPP “1:31” 2009 report. Spending figures were collected from AR, AL, AK, CO, DE, GA, ID, IA, KY, LA, MA, ME, MD, MI, MN, MS, MO, MT, NC, ND, NE, NH, NM, NY, OK, OR, PA, RI, SD, TN, TX, VT, VA and WY. NOTE: Caution should be used in making interstate comparisons since a wide variety of factors beyond agency performance or efficiency can account for daily cost differences. Some states have separate probation and parole agencies while others have combined them.

Prisons Dominate SpendingIndiana Spends 98 cents on the Dollar

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OverallCrimeRate

ViolentCrimeRate

IncarcerationRate

US -24% -24% +14%

1997-2007

Despite Dramatic Increase in Incarceration Rate, We Have Not Seen Corresponding Decreases in Crime

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Source: Pew Center on the States, “Prison Count 2010” report17

“Prison Count 2010” report

Policy Landscape• Rising correctional populations• Escalating cost of corrections• High rates of probation and parole

revocations• Enhanced public safety impact awareness• Focus on recidivism reduction and return

on investment• Refinement of sentencing and correctional

policies and practices through EBP18September 21, 2010

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Historical Context• Today (toward indeterminacy)

– Opposition to over pursuit of incapacitation– Growing acceptance of the need for effective

supervision and treatment– Recognition of the adverse consequences of

mass incarceration– Evidence-based strategies to reduce

recidivism leading reform efforts across the country

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Public Policy Making• Stakeholders, Media, Politics and

Consensus Building• The CJ policy making community

– E.g., elected officials, sub government and public entities

• Having the “right” answers, based on science and merit

• Getting the “right” answers to the “right” people

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Understanding Policy Reform

• Turn front and back end valves to control cost and improve public safety– Direct sentencing– Types of release decision making– Front and back end alternatives– Effective use of diversions and release options

• Use data to determine if existing options work well, need enhancement and/or if additional services are needed

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Policy Questions• Sentencing trends, length of stay and

community supervision, sentencing and correctional practices

• Who goes to prison and for how long?• What happens in correctional institutions

and community corrections?• How can the “system” improve its capacity

to reduce recidivism and improve public safety?

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Justice Reinvestment• Understand what is driving correctional

growth• Develop and implement policy options to

turn the curve– Increase effectiveness and accountability– Generate savings

• Reinvest portion of savings • Measure impact and hold policymakers

accountable for projected results23September 21, 2010

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Resource Targeting

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Identify the risk to re-offend and characteristics that drive criminal behavior in each offender.

Target resources to reduce the likelihood of re-offense.

Use resources on what works to reduce recidivism and improve public safety. Avoid squandering resources on what does not work.

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Why Policymakers Are Turning to EBP

• It improves outcomes, especially recidivism• Reduces victimization• It improves collaboration• It increases appetite for data-driven decision

making• Targets funding toward the interventions that

bring greatest returns

“Smart on Crime” Reform Efforts• Criminal Code Reclassification• Fiscal Impact Statements• Evidence-Based Practices• Earned Compliance Credits• Enhanced Reentry Practices• Administrative and Intermediate Sanctions• Performance Measurement• Performance Incentive Funding

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Another Perfect Storm• Evidence-based practices • Widespread support for being “Smart on

Crime”• Economic downturn• Technological innovations• Results based accountability• Understanding of the criminal justice policy

making arena

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Learning from the Past• A common goal does not mean common

means• Need to balance the message conveyed

by punishment and the purpose it serves• A lack of trust or confidence in any one

branch of government can result in over compensation by the others

• Too much emphasis in one area, or too little evidence of effectiveness hinders progress

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Learning from the Past• Be able to traverse political terrain and

encourage consensus building• Assuming reforms will work is never a

good idea• Accountability and transparency are vital• Demonstrate effectives based on merit

and evidence• Policy reforms change system behavior,

not criminal behavior29September 21, 2010

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Corrections and EBP: The Holy Grail or “I told you so?”

• Potential pitfalls–Fidelity–Net widening

• Organizational development–Aligning budgets and business practices

• Collaboration–Working together through common

means and ends

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Opportunities• Supportive political environment for

evidence-based practices• Continuous Quality Improvement

– Clinical skills– Intervention availability– Research and evaluation– Change leadership and organizational development

• Stakeholder collaboration– Network of learning/community of practice

• Be an influential voice in the process31September 21, 2010

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Evidence-Based Organizations• In a Correctional EBO…

– Everyone shares a common mission and vision

– Resources are used effectively and efficiently– Offenders are held accountable– Data drives decisions– Learning and innovations are welcome– System players communicate and collaborate

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Staying True• Whatever you do, do no harm• Risk: Do you match supervision and services

with risk level?• Need: Do you focus on criminogenic needs?• Treatment: Do you utilize social learning and

cognitive behavioral techniques?• Responsivity: Are you responsive to the

characteristics of individuals?• Fidelity: Are you doing evidence-based work?

Are you doing it well? Is it leading to desired outcomes? 33

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Determining Destiny• 30 Years from Now

– Will the Unites States still have the highest incarceration rate?

– What kind of change will we see in our overall and violent crime rates?

– How effective will we be in reducing recidivism?

– How many communities will suffer from concentrated incarceration?

– Will correctional spending continue to dominate?

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For more information:

www.cjinstitute.org Or contact:Elyse Clawson, Executive Directoreclawson@crjustice.org

Kristy Danford, Project Managerkdanford@crjustice.org

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