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PROBATION IN EUROPE, FEATURES
FOR AN APPROACH
Lisbon, 28th. November 2011
1
I. ‘Probation’?
•
Different definitions and organization in different European countries !
•
Council of Europe Probation Rules R (2010) 1: ‘Probation’ relates to the
implementation of community sanctions and measures (850.737, Space II;
2007), defined by law and imposed on an offender. It includes a range of
activities and interventions, which involve supervision, guidance and
assistance aiming at the social inclusion of an offender as well as at
contributing to community safety. It may also involve providing information
and advice to judicial authorities to help them reach informed and just
decisions; providing guidance and support to offenders while in custody in
order to prepare their release and resettlement; monitoring and assistance
to persons subject to early or conditional release; restorative justice
interventions; and offering assistance to victims of crime.
•
‘Probation agency’ is any body designated by law to implement one or
more of the above tasks and responsibilities.
Current context for Probation services (I)
• Increased complexity population (mental health, social
problems)
• Increased mobility (foreign nationals)
• Increased level of judicial interventions versus
fundamental human rights of offenders (and victims)
• Increased demands for effectiveness of penal
interventions (evidence-based policies)
Current context for Probation services (II)
• Varying/increasing public, media and political attention to
crime and insecurity
• Varying/increasing emotional context of penal policies
(incidents, ‘return of the victim’)
• Varying social/health policies, availability of social/health
services
• Varying prison populations (W, C, E Europe), search for
alternatives (middle-high risk; foreigners, ethnic
minorities, mentally ill; drugs, violence, sex offenders)
versus
• Varying/increasing risk-aversion (the myth of zero risk)
THE IMPACT
• IN EUROPE
PROBATION
HAS 850.737
AN INCREASING
NON-CUSTODIAL
SANCTIONS:
PEOPLE IN
ROLE AS A KEY ELEMENT FOR PREVENTING REOFFENDING
EUROPE
WHERE IT:
– WORKS EFFICIENTLY
– REDUCE SOCIAL AND ECONOMIC COSTS
– IS PART OF THE GLOBAL SOLUTION
THE REINFORCEMENT OF THE
ROLE OF PROBATION
PROBATION
EXPECTED
OUTCOMES
TO WORK
EFFICIENTLY
CONTROL
PREVENTING
RISK
HELP,
ANSWERING TO
NEEDS
TO REDUCE
COSTS
ENGAGE
THE OFFENDER
IN TERMS OF
SOCIAL
DAMAGE
IN TERMS OF
VALUE FOR
MONEY.
TO INCLUDE
COMMUNITY AND
PROBATION IN
THE SOLUTION
COMMUNITY AS
A NECESSARY
PARTNER OF
THE ACTION
PLANS
PROBATION AS A
PARTNER FOR A
PREVENTION
POLICY
Effectiveness of probation programmes (with
thanks to Prof Friedrich Lösel and David Perry)
•
In total ca. 10% - 30% reduction in reoffending
•
Statistically and practically significant
–
Benefit-cost ratios: 1 – 7 € payoff for each € invested
–
Lifetime costs for 1 persistent offender ca. 1 M €
•
Effect sizes in medicine:
–
Radiation + chemotherapy of brain tumours: ca.10%
–
Aspirin therapy of cardiovascular events: ca. 13%
–
Passive smoking and lung cancer: ca. 22%
–
Drug treatment of depression: ca. 56%
KEY ELEMENTS:
CASE MANAGEMENT
Assessment:
•risks
•needs
•responsibility
•resources – including
individual’s strengths
Planning:
Evaluation: review
Intervention:
progress on objectives
•identify evidence of
progress
•highlight achievements
•decide what needs to be
done next
•put plan into action
•keep records
•monitor progress
•decide how these problems
are to be tackled
•set objectives of
supervision
•decide what action is to be
taken
•troubleshoot difficulties
KEY ELEMENTS:
RNR APPROACH
1.
Risk principle – the intensity of intervention should increase with
the risk of reoffending
2.
Needs principle – intervention should focus on criminogenic
needs such as drug misuse, anti-social attitudes, problem solving
skills, etc.
3.
Responsivity principle – programs should be multi-modal and
delivered according to the learning style of the offender
–
–
–
Up to 60% reduction of recidivism when all three R-N-R principles
present
Smaller effect when 2 or 1 principle present; slightly negative effect when
no R-N-R principle addressed
Problems of R-N-R approach: some circularity re. responsivity; risk not
individualized
What Works
Relatively consistent positive effects
 Basic education (e.g. literacy, maths)
 Vocational & employability programmes (if jobs
available)
 Cognitive-behavioural programmes (CBT; e.g.,
Reasoning & Rehabilitation, Cogn. Restructuring,
Moral Reconation Therapy, Anger Management)
o Most important elements in CBT: Anger management &
interpersonal problem solving
 Structured therapeutic communities (TCs), milieu
therapy & Social-therapeutic prisons (Germany)
What Works (2)
Multi-systemic Therapy (MST) and other
multimodal family-oriented programmes
for young offenders
Restorative Justice (e.g., offender-victim
mediation, restitution; not for all groups)
Drug courts
Psycho-pharmacological/substitution drug
treatment e.g. subutex/methadone
Promising: not well replicated or rather
small effects
? Intensive supervision (probation, parole)
? Electronic monitoring (problem of IS & EM: revocation,
violation of orders)
? Counselling (juveniles & adults)
? Mentoring programmes
? Challenge programmes
? Social case work
? Pharmacological treatment for aggressive/impulsive
offenders (SRIs) and sexual offenders (hormonal
treatment)
What doesn’t work, mean zero or
overall negative effects
X Pure sanction (e.g. custodial vs. non-custodial
sentences, longer prison sentences, regular
sanction vs. diversion)
X Purely deterrent measures (e.g. Scared Straight,
shock incarceration for juveniles)
X Strict discipline (e.g. Boot Camps, when without
treatment elements)
X Purely psychodynamic and unstructured
therapeutic approaches
X Inappropriate programmes may even harm
KEY ELEMENTS:
DESSISTANCE APPROACH
•
‘Positive psychology’: emphasis on protective factors, skills and
strengths, possibilities for reinforcement
•
Importance of human capital (reinforce commitment and individual
capacities) + social capital (social and family ties, employment,
influencing quality of life and self image)
•
Process of ‘desistance’: intensity and frequency of offending
•
Good Lives Model:
•
•
How to promote both the well being of the offender and limit the risks of
recidivism? How to enhance constructive meaning of life which helps
the offender to change?
•
Social inclusion
ENGAGEMENT OF THE OFFENDER
THE EUROPEAN LEGAL CONTEXT
EU Framework Decisions:
on Transfer of Probation Sanctions
(2008/JHA/947)
and on Pre-trial Detention
(2009/JHA/829)
the CoE Probation Rules (CM/Rec(2010)1)
WWW.CEP-PROBATION.ORG