1

PROBATION IN A GLOBAL PERSPECTIVE

Presentation to the California Association of Probation Services Administrators

February 6-7, 2007By

Donald G. Evans, President Canadian Training Institute, 50 Euston Avenue Toronto, ON Canada.

M4J 3N3

2

WORKSHOP OBJECTIVES

• Review challenges facing probation services in selected countries

• Describe the general state of probation globally.

• Discuss practices and programs that are effective, innovative & community based.

3

OUTLINE

• Introduction and scope of the workshop• Change agenda• Innovation: the expansion of what works• Lessons learned• Why probation matters• Conclusion: Probation eclipsed or

emergent• Questions.

4

INTRODUCTION

• GOVERNANCE OF SECURITY

• SOCIAL CAPITAL- DECLINE, FORMATION, IMPLICATIONS/FOR COMMUNITY

• CITIZEN ENGAGEMENT

• CIVIL SOCIETY – CIVIC RENEWAL

5

INTRO. CONT.

• MARKET CAPITALISM – GLOBALIZATION & ITS IMPACT

Shift from Public Administration to Public Management

Privatization, contracting out, commissioning

Mixed economy of punishment

Branding (stories)

6

Background

• Probation: A 20th Century Innovation

• Professionalism in Probation

• Collapse of the Rehabilitative Ideal

• Probation as Punishment

• Return to the Centre?

• Reinventing, modernizing or eliminating probation?

7

FACTORS PROMOTING CHANGE

• Problem of crime and the supervision of high-risk offenders

• Traditional responses not working. Public expects a “seamless web” of public safety.

• Resource issues

8

PROBATION MODELS

• Risk-based probation: disruption of routines, and holding offender accountable

• Rehabilitative probation: “what works”

• Restorative probation: community & victim involvement

9

GLOBAL EFFORTS

The following countries have undertaken major change efforts in the delivery of probation services:

• United Kingdom• Ontario, Canada• New Zealand• Victoria, Australia• Poland• Various jurisdictions in the United States

10

RATIONALE FOR CHANGE

• Concern with prison populations• Severe resource issues• Desire to reduce recidivism/re-offending• Need specific strategies to respond to the

varied/different needs of offenders• Evidence-based approaches gaining

popularity• General acceptance of principles of

effective programming.

11

PRINCIPLES OF EFFECTIVE PROGRAMMING

• Intensive programs (generally cognitive-behavioral)

• Attending to responsivity issues• Contingencies enforced in a firm but fair manner• Staff are well trained and supervised

appropriately (value of clinical supervision)• Prosocial activities are emphasized• Relapse prevention provided in the community• Provision for advocacy and brokerage

12

SAMPLE APPROACHES

• Probation coupled with various conditions• Specialized courts• Community sentencing/dispute resolution• Circles of support & accountability• Mediation, reparation & conflict resolution• Anti-social Behavior Orders• Community Service Orders• Unpaid work programs• Residential (hostels, half-way houses, etc)• Diversion and bail supervision programs• Options to fees, fines, etc.

13

WHAT WORKS INCLUDES

• Social Emotional Learning

• Social Inclusion by Design

• Development of a pro-social organizing narrative.

• Re-offending reduction

14

WHAT WORKS? WHAT MATTERS?

Linking risk/needs assessment and program strategies:

• Dynamic assessment

• Focused interventions

• Risk-Need-Responsivity

• Case management & consistent supervision

15

LESSONS LEARNED

• Role of the case manager

• Partnerships with law enforcement

• Managerial aspects

• Why probation matters.

16

EFFECTIVE CASE MANAGERS SHOULD

• Make an effort to be competent in addressing the criminogenic needs of offenders

• Understand the range of offender reactions to the challenges associated with “being slightly free” in the community

• Be aware of the limits of his/her knowledge and expertise

17

EFFECTIVE CASE MANAGERS CONT.

• Evaluate personal beliefs and biases about offenders with special problems/circumstances

• Maintain an open attitude toward finding and receiving assistance/support on behalf of an offender

• Know where additional information on special needs or requirements can be located

18

CASE MANAGEMENT COMPONENTS

• Ongoing assessments & implementation of the offender’s program plans to accomplish assessed needs

• Provisions of specified behavioral expectations with specific timeframes & regular assessment of the offender’s progress

19

CM COMPONENTS CONT.

• Encouragement of the offender to work toward increased freedom through responsible behavior

• Adequate & appropriate contracts to ensure the offender’s compliance with the program plan and conditions of supervision

20

CM & the OFFENDER

• Based on increasing knowledge of the offender through regular & thoughtful contact

• Active participation of the offender in the case management process

21

CM & OFFENDER CONT.

• Encourage those who have significant contacts with the offender to involved in the case management process

• Team approach used to facilitate & coordinate significant observations & knowledge about the offender’s behavior

22

COMMUNITY POLICING: LESSONS

• Linking policing with prevention

• Listening to community concerns

• Dealing with crime and disorder

• Emphasizing local accountability in community needs

• Keeping close to the community

• Intelligence-led probation?

23

PROBATON AND POLICE PARTNERSHIPS

• Broken Windows

• Zero tolerance

• High-risk offenders

• Improving probation’s credibility and legitimacy

• Serious about re-offending.

24

MANAGERIALISM

• Accountability

• Standards and Accreditation

• Performance Management/Outcome Measures

• Best Practices/Exemplary Practices

• Best Value/Excellence Audits

25

WHY PROBATION MATTERS

• A way to protect the public & reduce re-offending

• A way to provide support to victims of crime

• A way of working together to promote effective use of sanctions & resources

• A way of building public confidence in the justice system

26

PROBATION MATTERS CONT.

• A way to promote innovative & flexible programs for the management of offenders

• A way to provide post-custody supervision & support

• A way to not only bring offenders to justice but to assist them in breaking the cycle of offending

27

PROBATION MATTERS CONT.

• A way to re-think how justice is delivered in communities

• A way to engage the community & build a constituency & community capacity

28

Where is all this taking us?

• Changing face of probation

• Directional changes leading to structural changes

• Correctional services or community services

29

Conclusion: Eclipsed or Emerging?

• De-link probation from the notion of being an alternative to prison

• Embed probation in the community

• Closer working relationships with police and other community agencies

• Seek a theory that mirrors the reality of offenders in the community

30

Conclusion Continued

• Resource problems: Prison or community

• Correctional service models: failure of imagination

• Probation should be an emerging community based solution to crime and disorder. But failing to be community focused will lead to probation’s eclipse and just another correctional service focused on prisons rather than the community.

31

FIVE QUESTIONS

• How and in what areas do Probation Services add value to the community and the criminal justice system/

• What does CAPSA plan or recommend to do to ensure an enhanced role for probation in the delivery of community correctional services?

• How and to what extent should the probation service feature in the delivery of community correctional services?

32

FIVE QUESTIONS CONT.

• What obstacles/barriers exist and need to be removed or overcome to make the delivery of probation service effective?

• What practical measures need to be implemented or pursued by the probation service?

33

CANADIAN TRAINING INSTITUTE

The Canadian Training Institute is a National Voluntary Organization which provides training, consulting assistance, promotes collaborative action and undertakes applied research projects in contributing to the effectiveness of services delivered by criminal justice and related human service agencies in Canada and other countries.

34

CONTACT INFORMATION

50 Euston Avenue, Toronto, ON Canada M4J 3N3

Phone: (416) 778-7056 Fax: (416) 778-8103 Website: www.cantraining.org Email for D. Evans, dge@sentex.net