best practices in community-based treatment of juvenile ... · a juvenile. the minimum age of...

298

GROUP 2

BEST PRACTICES IN COMMUNITY-BASED TREATMENT OF JUVENILE OFFENDERS

I. INTRODUCTION

Globally, the latter half of the lastcentury has found those of us responsiblef o r th e c ar e , p ro t ec t ion , an drehabilitation of juvenile offenders, facedwith phenomenal challenges, vis-a-vis anincrease in criminal activity as well asthe dangerous nature of them. It isrecognized that stiffer penalties are notnecessarily the required response at thistime, despite the public call for such.

Empirical research has shown thatstiffer penalties do not reduce crime(Andrews et al.,1990). Research suggeststhat community-based treatment is amore effective way to meet the bestinterests of the juvenile and increasecommunity safety (Lipsey and Wilson,1998).

The Convention on the Rights of theChild indicates that the deprivation ofliberty of children should only be used asa measure of last resort, and when used,only for the shortest appropriate duration(Article 37). The group agrees that inconsidering holis tic rehabilitation,community-based treatment i s thepreferred option, with institutionaltr eat men t b e in g a la st r esor t .In st i tu t i ona l t r eat men t i s n o t a neconomica lly v iable option and thestresses and other disruptive elementswhich it brings to family life are lessdesirable.

Several countries—Barbados, PapuaNew Guinea, South Africa and Sri Lankato mention a few—still have been unableto comply with the Convention on theRights of the Child and the StandardMinimum Rules for the Administration of

Chairperson Mr. Amin Ali Ibrahim Inabi (Palestine)

Co-ChairpersonMs. Rajapakshage Sunethra Gunawardhana

(Sri Lanka)

Rapporteur Ms. Phyllis Yolanda Beckles (Barbados)

Co-Rapporteur Ms. Yukiko Kudou (Japan)

Ms. Bitsang Joyce Matshego (South Africa)

Members Mr. Martin Tongamp (Papua New Guinea)

Mr. Masamichi Noda (Japan)

Mr. Hideo Yoshioka (Japan)

Visiting Experts Ms. Chomil Kamal (Singapore)

Mr. Rob Allen (United Kingdom)

Dr. Alan W. Leschied (Canada)

Advisers Prof. Kei Someda (UNAFEI)

Prof. Sue Takasu (UNAFEI)

Prof. Mikiko Kakihara (UNAFEI)

118TH INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE

299

Juvenile Justice, and with the UnitedNations Standard Minimum Rules fornon-Custodial Measures (The TokyoRules). This has been partly a result ofeconomic and political reasons amongstothers. Whatever the barriers to fullimplementation, the group recognizes theneed to urgently meet the challenge ofdecreasing youth crime and supportingthe United Nations agreement.

Th e gr ou p ag reed t ha t goo dmanagement systems (individual andorganizational) are imperative to promotesuccess from rehabilitative efforts. Stafftraining and programme developmentmust be on a cont inuous bas is andresearch to cater to changes in both of theabove whenever necessary must beconducted.

The group considered too that thec ommu ni ty c on s is ts o f in v a lu abl eresources which can be tapped andutilized to enhance rehabilitative efforts.Success of the goals of prevention offurther crime and recidivism demandsvibrant public relations endeavours.

II. DESIGNING A MODEL

In deliberating on the preferred modelfor community -based treatment o fo f f en der s , mem ber s o f g r oup 2unanimously agreed on the need toidentify a few guiding principles. Theseprinciples were themselves guided by anappreciation of the multidimensional andcomplex nature of youth offending andthe need to draw on the expertise of ab roa d b ase o f kn ow ledg e in th ecommunity, if accurate assessments anda ppr opri ate t rea tme nt s ar e to b edelivered.

A. PrinciplesThe principles underp inning our

proposed model of community-basedtreatment are as follows:

(i) The preferred option, in as manyinstances as possible, is to divertyouth at the pre-court or at the courtstage;

(ii) That there should be a Multi-disciplinary Team to work on the besttreatment options that will addressthe needs of the juvenile to help himor her to remain in the community;

(iii) That the Multidisciplinary Teamshould leverage on the availability ofcommunity resources to support thejuvenile in conflict with the law;

(iv) That the system should be one ofthrough care for continuity of careand supervision of the juvenile.

The group also discussed how to definea juvenile. The minimum age of criminalresponsibility varies from country tocountry. We have in part concluded thatdefinition should be considered not onlyby age but by their developmental stage.

B. Multidisciplinary Team

1. The PurposeThe purpose of the Multidisciplinary

Team is to assess and decide upon thebest interests of the juvenile through themaximum utilization of communityresources by drawing on the expert viewsand opinions of professionals from diversebackgrounds. The overall goal of the teamis to identify programmes that decreasecriminal behaviour and increase personalresponsibility.

The Multidisciplinary Team treats ajuvenile consistently in the community-based treatment through all the formaland informal judicial stages. This willinc lude pr e- court d ivers ion, cour t

RESOURCE MATERIAL SERIES No. 59

300

d i ver s ion a nd c ou rt d ispo s i t ion(probation, community order and othertypes of disposition implemented in thecommunity), as well as following releasefrom correctional institutions (parole,a f te r c ar e a nd s o f o rt h) . T h eM u lt i d is c i p l in ar y Tea m pr ov idessupervision and support at all of theabove-mentioned stages based on the ideaof through care.

Figure1 illustrates the model system ofcommunity-based treatment and the roleand functions of the participants.

2. Composition of the TeamMembers of the Multidisciplinary

Team may vary based on the needs of thejuveniles, the stage of juvenile justicesystem and diversity of the juvenilejustice system and child welfare systemin the relevant countries. The probationofficer (child welfare officer) ought to bet he key per s onn e l in th eMultidisciplinary Team throughoutc omm un it y-b ased tr ea tmen t . Ac ompr eh en siv e ex amp le o f th ecomposition of the MultidisciplinaryTeam could be: Probation Officer, WelfareOfficer, Psychologist/Psychiatrist, SocialWorker, Guidance Counselor/SchoolTeacher and Religious Worker.

3. Function of the Multidisciplinary Team

The b as ic fu nc t i on o f th eMultidisciplinary Team is to collectivelyassess the juvenile, to devise a treatmentplan which meets the best interests of thejuvenile, as reflected in the knowledge ofa wide range of professionals fromrelevant areas.

The team plays a central role in thecommunity-based treatment of juvenilesin terms of assessment of needs and risksof a juvenile, planning of treatment orpr og ra mme, mon it or i ng th e

implementation of supervision andsupport throughout the juvenile justicesystem.

4. Role of the Probation OfficerThe Probation Officer serves as the

care manager of the MultidisciplinaryTeam reporting to the court the progressof the juvenile.

C. Informal Procedure (Diversion)All juveniles at a certain age should be

diverted to an informal procedure formeeting the needs of care and protectionof juveniles. Some juveniles also may bediverted from police, prosecution and thecourt stage based on the seriousness oftheir offence.

Various kinds of programmes areadministered by the Police , Court,Probation Service, NGOs and the privatesector. The Multidisciplinary Teamassesses needs and risks of a juvenile andtries to find the available programmewhich best fits the juvenile’s needs.

Th e gr ou p pr oposes a m ode l o fpr ogr amme des ig ned f o r in form alprocedure such as a six-month periodprogramme, with flexibility for earlytermination for juveniles who show goodprogress and are not in need of furthersupervision based on the Singaporesystem. Flexibility of term is to rewardgood beh av iou r an d ren der a nopportunity for juveniles to leave theprogramme early. The key elements tosuc cess fu l c omple t ion are regularattendance, punctuality, progress, anddeportment and full participation in theactivities.

If a juvenile fails to make good on his/her chance given to attend the informalprogramme, there will be recourse tobring him or her to court.


301

D. Treatment Programme

1. Types of treatment programmesEach community has various kinds of

treatment programmes. Actually, in ourg ro up d is cu ss ion , ma ny t yp es o fprogrammes were introduced by theparticipants of the respective countries.Th er e i s a r an ge an d n u mber o fprogrammes available in the respectivecountries.

The following are some examples of theprogrammes. The community resourcest ha t pr ovi de eac h o f t hem ar eparenthesized.

(i) Individual Counseling (NGOs, Clinic,Health Center, Private Psychologist)

(ii) Cognitive Behavioral Therapy ((NGOs,Health Center, Cl in ic , PrivatePsychologist)

(iii) Family Therapy ((NGOs, HealthCenter, Clinic, Private Psychologist)

(iv) Drug Treatment (NGOs, HealthCenter, Clinic, Private Psychologist)

(v) Literacy Skill Training (NGOs,Public School, Volunteer ProbationOfficer)

(vi) Vocational Training (NGOs)(vii) Promotion of Employment (Coopera-

tive Employer, Volunteer ProbationOfficer [VPO])

(viii)Restorative Programmes such asVictim Offender Mediation, VictimImpa ct Pan e l , Fa mi l y Gr ou pConferencing (NGOs)

(ix) Community Service Work (NGOs)(x) Adventure/Sports (NGOs, Sports

Bodies)(xi) Mentorship (VPO)(xii) Supervision (VPO)(xiii)Fostering (NGOs)

2. What Works?When selecting a programme, we

should consider its effectiveness. That is,we should adopt a programme that has

empir ic a l ev i denc e o f s uf f i c ien te f f e c t iv en ess f o r t he ju ve ni l e ’ srehabilitation.

In this regard, we referred to the meta-analysis on effectiveness of differenttreatment types by Lipsey and Wilson(1998). According to their findings, thee f f e c t iv e ty pes o f t r eat men t ar eindividual counseling, interpersonalskills training, behavioral programmes,mu lt i p le ser v ic es , r est i tu t i on ,employment/academic programmes,adv oca cy / c asew or k a nd fa mi lycounseling.

Most of the programmes that we arerecommending are consistent with thef in d in gs f r om t he meta -an aly s i s .However, adventure/sports, mentorshipand fostering are exceptions. Theseprogrammes need to be empiricallyevaluated in the future.

3. What works best for whom?Although there are many generally

effective programmes, none of them workequally well with all juveniles. While forcertain juveniles, some treatments work,but they will not work for others, and fora third group, they may even get worse asa result. Therefore, it is crucial to adoptprogrammes that are empirically relatedto the juvenile’s risks and needs. Suchprogrammes have a stronger likelihood ofsuccessful rehabilitation of the juvenile.

We identified the relevancy betweenri sks /n eeds an d pr ogr am mes, inaccordance with Visiting Expert Dr.Lesc h ied . Ta ble1 s how s w hi chprogrammes are l ikely to tar get ajuvenile’s specific risk and need.

It is important to emphasize that thistable is not all-inclusive and therefore itshould not be appl ied without dueconsideration to the complex situations


302

that most juveniles face. Risk/needfactors of juveniles are multidimensionaland influence the extent and the type ofprogrammes that should be used.

4. The role of the Multidisciplinary Team at the Court Stage

The Multidisciplinary Team adopts abroad perspective for assessment. Theteam gathers information from varioussources, considers them from all aspects,and identifies a juvenile’s risk and need.

Sec ond ly , th e team s e lec ts aprogramme that i s most c l in ica llyrelevant to the juvenile’s risk and need.The team must have knowledge of theavailable programmes in the region. Inthis regard, the team has a strongconnection with community resources,and naturally knows what programmesare available. This is one of the greatestadvantages of the MultidisciplinaryTeam.

5. The Legal FrameworkThese programmes are carried out in a

legal framework, namely dispositionssuch as Probation, Intensive SupervisionPr obat ion , F ines /Rest i tu t ion , an dCommunity Service Orders. The Judgedecides upon the disposition in which thetreatment programme is expected to mosteffectively function. Probation officerssupervise and manage the programme.

E. Limitations to ImplementationThe group agreed on the usefulness of

the Multidisciplinary Team for thethrough care of juvenile delinquency.However, limitations to implementationof the team vary from country to country.The two most common barriers in all ofour countr ies are : a tt itudes o f thejudiciary, lack of cooperation and supportamong ministries/departments, internaldepartments, divisions and sections of

ministries/departments, that are chargedwith the care of the juvenile.

Especially in developing countries, thelack of training for professionals andhuman resources as well as geographicaland transportation problems also presentas d i f f i c ul t ie s . To overcome thesebarriers, conscious reform is not onlyagency related, but should equallyinvolve the community. It is to be hopedthat in the near future, implementationof the model will be real ized in a llcountries.

III. OPERATIONAL ISSUES

A. Staff Training

1. ObjectsThe group discussed the training

systems for Probation Officers and othersinvolved in community-based treatmentof juvenile offenders as practiced in theUK, S i ng apor e , J apan , Pa lest ine ,Barbados, PNG, South Africa, and SriLanka.

A model system for community-basedrehabilitation of juvenile offenders needsto be supported with a training systemthat will equip each officer with corecompetencies to execute proper care andsupervision of juveniles according to bestpractice standards.

To ach iev e t his , i t i s impor tan ttherefore that staff be given propertraining, instruction and guidance to:

(i) Clarify their responsibilities withr egar d to the rehabi l i tat ion ofoffenders and to ensure that theoffenders’ rights as well as that ofsociety’s are protected;

(ii) Understanding the vital need tocooperate and coordinate activitieswith all the other agencies concerned


303

with the rehabil itat ion of eachjuvenile;

(iii) Continually maintain and improvetheir knowledge and professionalcapacity by attending relevant in-ser v ic e an d o th er tr a in in gprogrammes.

2. Model Training SystemIt was noted that the entry point for

Probation and other community-basedcorrections staff vary from country tocountry. Thus, the Group proposed that amodel of in-service training programmess hou ld b e co mpeten c y-b as ed ina ddr ess in g th e t ra in in g n eeds o fProbation Officers in stages starting fromfoundation or basic training for ProbationOfficers to specialized training aimed athelping the worker to achieve higherlevels of competency. The training wouldbe designed to foster the development ofskills in the 4 major areas of a ProbationOfficer’s core functions, namely:

(i) Collecting information, i.e. interview-ing & conducting psychological tests

(ii) Analyzing the information and mak-ing an assessment

(iii) Report writing(iv) Coordination and working with key

con st i tuen ts ( e lemen ts ) o f th ejuvenile justice system includingforging effective partnerships withvolunteers and other communityresources.

3. Mode of TrainingFrom the sharing among participants

and Visiting Experts, it was clear thatthere was merit in a training programmethat combines formal learning with groupwork and experiential learning. Thetraining should also be an opportunity forofficers to go back to their jobs to applythe knowledge and skills learned. Thereshould also be a recall after training forofficers to return to the training institute

or other agency responsible for thetraining, to reflect on their practice. Alsoevident was the need for formal trainingto be supported by mentorship at theworkplace to reinforce learning andsharing of best practices.

In some countries, the adoption of aone-to-one supervision policy was felt tobe a good mechanism for staff supportand development in this very challengingarea of work.

Due to the emphasis on a through carecon c ept f o r t he mode l s ys tem o fcommunity-based rehabil itat ion ofjuvenile offenders, the Group saw meritin the UK system of having staff fromboth community and institution-basedcorrections to have their training (or atleast part of the training for institutionstaff) side by side with counterpartsworking on community-based treatment.

The group also noted the difficultiesarising with the designed training model.In some countries (e.g.: Sri Lanka, SouthAfrica, Papua New Guinea), the officersor volunteers serve in undevelopedvillage areas, and travel long distances tothe city, to participate in the trainingprog r amm es. D u e to th e poortransportation facilities, communicationsproblems in those areas, the participationmay be low, therefore the effectiveness ofthe training courses will not be at asatisfactory level. However, if we designprogrammes for implementation in ruralareas, finding resource persons (trainers)is a lso very dif f i cul t . In des igningtraining programmes, all these factorsmu st be taken in to cons iderat ion .Counter-measures will be discussed insection 5.

4. Training CurriculaBasic or Initial Training


304

The Group proposed the following forthe basic or initial training:

(i) Community-based corrections theo-ries and philosophy

(ii) The legal framework of community-based corrections

(iii) The relevant laws, statutes andin ter na t i ona l h u man r i gh tsinstruments, e.g. Convention on theRights of the Child, Tokyo Rules etc.

(iv) Motivational interviewing(v) Needs and risk assessment, diagno-

sis and risk management(vi) Preparing reports for Court(vii) Case recording and case manage-

ment(viii) Rehabilitation programmes and

resources(ix) Relationship with other elements of

the juvenile/criminal justice system,including court work skills, workingwi th o t h er la w en for cem entagencies, etc.

(x) Skills in forming effective partner-ships with VPOs including volunteersupport, recognition and developmentstrategies

(xi) Policies and procedures in relationto PO’s job description

(xii) Authority, accountability andresponsibilities associated with theoffice practice

(xiii) Skills required to work with clientsincluding special groups within theProbation Service

(xiv) Communication and interpersonalskills

(xv) Code of ethics and professional lia-bility

(xvi) Boundaries or parameters setting;e.g. where Probation Officers cansafely say he/she has done his/herbest fo r a ju ven i le an d theresponsibility ends there

(xvii) Professional and personal relation-ships with persons under supervi-sion

(xviii)Relationships with colleagues(peers and subordinates)

(xix) Creation and maintenance of a safeand harassment-free workplace

(xx) Victim’s rights(xxi) Offender’s rights and

responsibilities

Specialized TrainingBesides the generic training at a basic

level, the Group also saw the need forfurther training depending on the area(s)of specialization and specific treatmentis su es t ha t a c ommu ni ty -ba sedcorrections staff needs to address beyondhi s /h er ear ly y ear s i n Ser vi ce .Programmes that have demonstratedeffectiveness will require personnel to begiven proper training and guidance inpr ogramme de livery to ensure thein teg ri ty o f t he pr ogr am mes ar epreserved. Thus, for staff involved in thede l i ver y o f c og ni t iv e b eha vi ora lprogrammes, multi-systemic therapy etc.,will require specialized training.

Training for Supervisory StaffThe training system should also allow

for the gradual phasing in of technicallycompeten t Probat ion Off i cers to amanager if she/he has been identified ashaving the capacity and willingness toperform at a higher level.

Su c h tr a i ni ng s hou ld cov er th eexpan ded r o le , res pon sib i l i ty a ndaccountability that come with the highero f f i c e . M an ag emen t deve l opmen tprogrammes, which include financial andhuman resource management, skills instaff support and development, projectmanagement etc. are necessary forsu per vi sor y an d man ag er ia l s t a f finvolved in community-based corrections.


305

For more senior level staff, the trainingwould have to also focus on topics such asperformance benchmarking, conductingservice audits, developing and evaluatingprogrammes and services for clients, staffa nd o t h er s ta keh o ld ers . Po l i c ydev e lopm ent an d r ev iew ar e a ls onecessary ski ll s for senior s ta ff inprobation practice.

In its discussion, the Group also agreedthat besides in-service training, therec ou ld a ls o be pr e-ser vice t ra in ingprogrammes aimed at attracting life-exper ienc ed per sonn e l f r om ot herdisciplines to make mid-career switch toprobation work. This could provide asolution to some countries facing thec h al l eng e o f h av ing y oun g a n dinexperienced off icers or f inding itdifficult to attract and/or retain suitablestaff in probation work due to the natureof the job and the often comparatively lowremunerations accorded to Probation andother community-based correctionsofficers.

5. Executive ExchangesThe Group also felt there was room to

explore the potential of having executiveexchange programmes among probationand other community-based correctionsstaff to inject dynamism and exchanges ofideas among probation practitioners andmanagers. Where possible and practical,there should also be a leveraging on theadvancement of information and othertechnology to develop best practicesacross jurisdictions. Examples citedinclude:

(i) Video conferencing(ii) Virtual contacts with experts(iii) Distance learning to complete a

diploma, degree in probation studies,and so forth.

It was observed that, increasingly,countries with the expertise in training,e.g. UK, Canada, US, and Australia areoffering distance-learning programmesfor this area of specialization.

6. Volunteer Probation Officer (VPOs) Training

Volunteers Probation Officers (VPOs)to be engaged in the rehabilitation ofjuvenile offenders should be carefullyselected and screened to weed out thosewith serious convictions e .g. sexualoffenders, and others whose intentionsmay not meet the best interests of therehabilitation of juveniles.

Training for VPOs should at the veryleast cover:

(i) Active listening and communicationskills

(ii) Legal framework of community-based corrections

(iii) Ethics and professional liability

In addition, the training should alsobriefly cover the core areas of training forProfessional Probation Officers (PPOs). Itis felt that the extent and depth ofcoverage of training for VPOs would varydepending on the nature of assistancerequired of the VPO in each country.

However, no matter the variation, it isimportant that the role of VPOs vis-a-visthat of PPOs be clearly spelt out to ensurerole clarity on both parties. This is vitalfor effective partnerships between PPOsand VPOs to exist.

B. Finding New ResourcesThe group identified a number of areas

in which new resources are needed if therehabilitation needs of young offendersare to be effectively met, risks properlymanaged and treatment ef fectively


306

organized. The part icular needs ofoffenders include:

(i) Basic Education(ii) Vocational Training(iii) Employment(iv) Accommodation(v) Health(vi) Family relationships(vii) Sports and leisure

The organizational needs of treatmentagencies include:

(i) The development and evaluation ofeffective programmes

(ii) Business planning and organization

The group identified a number ofpotential sources of help. These include:

(i) Cooperative individuals(ii) Neighbors and peers(iii) Schools, public and private(iv) Academic institutes(v) Business—the private sector(vi) NGOs(vii) Government ministries and depart-

ments

Table 2 is a table describing the waysin which these different sources meet therehabilitation needs of offenders invarious countries. The marked boxesshow these are currently found in SouthAfrica, Papua New Guinea, Sri Lanka,Barbados, Palestine, the UK, Singaporeand Japan.

The organizational needs of agenciescan be met by academic inst itutes,businesses, NGOs and governments.

The following are practical examples ofthe kind of resources which can beprovided by two of the sources;

(i) Examples from Neighborhood/Peers:school equipment, special educationc la ss es , voc at ion al t ra in in gopportunities, work experience,employment to parents, shelter care,V o lu nt eer Pr obat ion O f f i c er s ,community health centers/clinics,sports clubs, local friendly societies,camping trips, pocket money, familycounseling and support.

(ii) Examples from NGOs: Out of schoolprogrammes, Volunteer ProbationOfficers, street children education,school aid, special education, stafft r a in in g , v oca t ion al t ra in in g ,equipment and tools, employmentopportun it ies to o f fenders andparents, shelters for orphans andhomeless, medical facilities, healthed uc at ion an d c l in ic s , dr u gprevention and rehabilitation, sportsclubs youth associations, confidencebuilding measures, financial help,guidance, counseling and familysupport, awareness raising regardingproblems and solutions.

IV. ACCOUNTABILITY AND EVALUATION

A. Offender Information Management System

1. Guiding Principles for Offender-based Information System

The fol lowing guiding principlesunderpin the Group’s proposal for anoffender-based information system:

(i) Special consideration should be givento facilitate the active involvement ofthe “many helping hands”. Thisincludes:a. Proper support, consultation and

training by professional staff;b. Adequate and appropriate

information sharing with personst o be eng ag ed i n f o rm al o r


307

informal supervision and supportto young offenders;

c. Developing a mechanism forinformation sharing and feedbackwh ic h pos es th e lea stadmi ni st ra t iv e b ur den t ocommunity partners.

(ii) It is important that tracking ofoffenders’ performance should bedriven pr imari ly by a f o cus onhelping the offender to address risksand needs issues and strengtheningthe prospect of community-basedtreatment. Hence, in cases of non-compliance by offenders, appropriatealternat ive community opt ionsshould be explored.

(iii) There should be strict rulesgo ver ni ng con f id ent ia l i ty o finformation on offenders and families(exception should only be on a need toknow basis).

2. Outline of Case Management SystemThe starting point of involvement

differs somewhat with a few countrieshaving Professional Probation Officers(PPOs) being involved right from the timeof arrest and police investigation, whileother countries’ Probation Services onlycome in after the defendant has made aguilty plea or is found guilty as charged.

Regardless of the starting point ofinvolvement of the Probation Service, thepractice is universal in that the Courtrequires a pre-disposition report to makethe most appropriate determination for ajuvenile offender.

There are several possible outcomes:

(i) the juvenile is released with or with-out condition;

(ii) the juvenile is released with supervi-sion;

(iii) the juvenile is given a communityorder(s); or

(iv) the juvenile is committed to an insti-tution.

The outcome of the court disposition ofeach case is registered by the ProbationService even where the juvenile is given acommittal order. The Probation Servicewould then open a case fi le on eachoffender.

The case file would have a copy of thepre-sentence report, court order, consentforms (for certain countries), summarysheet etc . It would also include thesu per vi s ion p la n f o r t he o f f enderconcerned. If the offender goes to aninstitution, a second case file is opened bythe institution while the Probation Officeholds on to its own file for continuation ofsupervision once the juvenile is releasedon license or parole after a period of stayin the institution.

It is noted that in most countries, thecase reviews are done internally throughmechanisms such as checks by seniorprobation officers, Assistant Directors,Chief Probation Officer, or provisionalcommissioners and so forth. It was notedth at th e S in g apor e s y stem i sch ar ac t er i zed b y a v er y ac t iv einvolvement of the Juvenile Court whichreviews each probation case after 6months of the date of the probation order.In this system, the PPO puts up a reviewreport which details the progress of theju ven i l e w hi le o n prob at ion an dperformance in programmes or activitiesto which the PPO had referred him/her.

Such a system also requires the PPO toprovide a status update of the caseworkintervention undertaken by the PPO orVolunteer Probation Officer (VPO) toaddress the risks and needs of eachoffender as spelled out in the supervision


308

or treatment plan contained in the pre-disposition report.

For all the countries represented inGroup 2, there is recourse to bringing ajuvenile back to court if he/she breachesh is /her probat ion condit ion by re -offending or failing to comply with theterms of probation. The outcome mayt ake a ny or a c omb in at i on o f th efollowing:

(i) continuation of probation after awarning or fine or both;

(ii) variation of the probation conditions(more stringent conditions); or

(iii) revocation of probation.

It was observed that regardless ofw het her t he o f f ender in forma t ionma na gemen t sy stem is per fo r medmanually or computerized, there is asystem of recording actions taken by thePPO (or VPO as the case may be for somecountries), the juvenile’s response tothese actions and the outcome of courtaction if the violation requires bringingthe case back before the court.

It was observed too that in systemswhich are managed manually, probationofficers are required to provide monthlyprogress reports which are collated bysenior officials for workload accounting,other statistical analysis or for evaluationof the impact of programmes or caseworkintervention on offending behaviour.

More and more countries are going intosome form of computerization of data onoffenders to enable better operationalplanning and analysis of the probationoutcomes , impact of supervis ion ortreatment plans in an attempt to movetowards evidence-based practice.

3. Development of Offender-based Information System

In attempting to develop a modelsystem for community-based treatment ofjuvenile offenders, the Group is mindfulthat due consideration has to be given tothe development of an offender-basedinformation system; one that starts fromrisk and needs assessment at the pre-disposition investigation stage. This hasto be followed closely by a process offo r mul at in g an in d iv idu al i zedsupervision or treatment plan to addressthe risks and needs of each juvenile tosteer him/her from offending.

In the Group discussion, it was notedth at de sp i t e s l i gh t v ar ia t ion s i nindividual countries’ practices, there is acommonality in the framework used forassessing risks and needs. There is also arecognition that risks and needs have tobe re-assessed from time to time to factorin the dynamic variables that may impacton a juvenile in rehabilitation.

Risks and Needs AssessmentFor man y o f th e par t i c i pat in g

countries, there exists some form ofstandardized risk assessment tool whichis usually a form or format. During thecourse, participants were also introducedto the systemat ic r i sk assessmentinstruments used by UK, i.e. ASSET andthe Canadian Youth Level of ServiceInventory (YLSI). The risk and needsassessment instrument is a vital tool foroffender-based information managementsystem. For one thing, it helps withclassification of a juvenile in terms of thedegree of supervision and level of servicehe/she needs to strengthen the prospect ofsu c ces s fu l r eha bi l i ta t ion in th ecommunity.

The Group noted from the sharing ofpract ic es in each country that the


309

assessment of risks and needs cover thefollowing areas:

(i) Family, criminal and care history(ii) Offending behaviour(iii) Living arrangements(iv) Family and parental relationships(v) Education(vi) Neighborhood(vii) Life cycle(viii)Health(ix) Perceptions of self and others(x) Attitudes(xi) Motivation to change(xii) Positive factors (that can be tapped

on to strengthen the community-based treatment)

(xiii)Recommendations

Formulation of an Individualized Careand Treatment Plan

The formulation of an individualizedcare and treatment plan is based verymuch on what is uncovered during thepre-disposition social investigation.Additional information that comes tolight after this stage should also beconsidered to ensure the treatment planis responsive to the changing needs andcircumstances of each juvenile.

The care and treatment plan is thedes c r i p t ion o f th e ob j e ct iv es o fsupervision and the activities or caseworkintervention that will be carried outduring the process of supervision. Theplan should factor in the followingobjectives:

1. Risk objectives—which aim to reduceor control the effects of a risk factor orneed factor on juvenile’s adjustmentto the community.

2. Need and support objectives—aimedat addressing care issues to helpsupport the juvenile to complete hiscomm un it y-b as ed tr eat men tsuccessfully. This would includemeasures and help by the ProbationOf f i cer an d /or th e Vo l un teerProbation Officer (whether directly orthrough other agencies) to increasethe protective factors that wouldprevent the juvenile from futureoffending or breaching his courtorder.

3. Punitive objectives—designed toimpose some fo rm of penal ty orres tr i c t i ons , to sy mb o l ize th ecommunity’s claim that criminalbehaviour is not acceptable).

4. Management objectives—designed tomaintain effective supervision for thecases and this includes items such asregular reporting to the ProbationOff icer (or Vo lunteer Probat ionOfficer), keeping a job, leading anhon est an d in dus tr iou s l i f e ,main t a in in g a s u i ta b le l iv i ngsituation, keeping away from criminalass oc iat es , s ta yin g aw ay f r omundesirable places like gamblingestablishments, etc.).

4. Development of Forms for Individual Files

The table below depicts the datacapture on offenders at the various stagesof entry into the system:

Stage Information Gathered

Reception of Case Name, date of birth, age, sex, offence information, family information, address, contact number etc.


310

It is worth noting that the modelsystem proposed is one that emphasizesthe active engagement of communityresources in the informal and formalsupervision and support to juvenileoffenders. It therefore follows that theoffender-based information system mustbe designed to allow for appropriate andt imely sharing of in format ion andfeedback between VPOs, schools, NGOs,faith-based organizations, sports andrecreational bodies, employers etc. This isnecessary for effective and integratedmanagement of juvenile offenders in thecommunity.

It is also important that the method offeedback or reporting of progress updateson each case between the various agentsof supervision and support be done inways that facilitate effective partnershipsbetween Probation Officers and the

“many helping hands” engaged in therehabilitation process.

The flow of information on offenders inintegrated case management system isshown in Figure 2.

B. Public Relations: Gaining Public Confidence

1. OverviewIn general, the public is reluctant to

accept offenders in their community.However , soc ia l support is vi tal toreintegrate juveniles into the community.Furthermore, the community has a lot ofresources that contribute to preventrecidivism. Social support, includingfinancial assistance and technical aid, isprecisely essential for community-basedtreatment.

Disposition of Court Pre-sentence reportBasic informationCourt orderRisk and needs assessmentRecommended care and treatment plan

Supervision or Treatment Stage

Date, time and other contact details; office contacts, home visits, employment community work, attitude, conduct and performance at community work; etc.

Evaluation of community-based treatment

Risks and needs assessment and subsequent re-assessments if there are any changes in dynamic factors

Supervisor’s modification and evaluation

Records of case discussions/conferences

Details of warning or any court action taken during supervision and outcome of the court review/action.

Monthly progress reports

Stage Information Gathered


311

In fact, there is a mutual relationshipbetween social support and successfulrehabilitation of a juvenile delinquent.That is, social support enhances thee f f e c t iven ess o f c ommun ity -bas edtreatment programmes; on the otherh and , suc cess fu l r eh abi l i tat ion o foffenders brings public confidence to thecommunity-based treatment system.

Therefore, strategies to address publicconcerns, promote public support, formpartnerships and build confidence bycourts and probation services have to beformulated. The strategies must be basedon scientific evaluation. Juvenile justicehas to provide the public with empiricalev iden c e t ha t c omm un it y-b ase dtreatment programmes are effective toreform a juvenile delinquent and tosecure the community against crime.

In this regard, recently, some empiricalresearch has been conducted in NorthA meri ca . Th e f in d in g o f r esea rc hindicates that for juvenile delinquentsseveral community-based treatmentprogrammes such as cognitive behavioral,ski l l -o r iented , and multi systemictreatment result in positive effects.

Th is k ind o f r es ear ch sh ould bedesigned in respective countries. Whenthe research confirms the effectiveness ofprogrammes, it gives the communityempirical evidence that juvenile justice isaccountable to the community.

2. How to Gain Public ConfidenceAs noted above, in order to gain and

enhance the public confidence, promotiono f com mu ni ty in v o lve ment i s o fparamount importance. In general, theProbation Service coordinates variousagencies and groups and plays a majorrole in the promotion of rehabilitation.Then, we mainly discussed the strategies

for this target. Some examples of themare as follows.

(i) Public Participation in the Juvenile Justice System

I t i s u se fu l t o ob ta i n pub l i cunderstanding about community-basedtreatment, set up consultative committeeand involve the public. The committeeconsiders the public’s opinion about theplanning and evaluation of treatmentprogrammes. Juvenile justice should beman ag ed n ot on ly by au th ori zedspecialists but also by the public. Thiscon tr ibu tes to ra is i ng comm un ityawareness.

(ii) Volunteers in community-based treatment programmes

In sev er a l c ou nt r i es , Vo l un teerProbation Officers (VPOs) complementthe work of Profess ional ProbationOff icers . VPOs ass ist a juvenile toreh ab i l i ta te as a men tor in th ecommunity. They also play an importantrole to promote crime prevention andmobilize social resources. Through theseactivities, they show the public how ajuvenile can rehabilitate themselves inthe community.

BBS (Big Brother and Big Sisters) inJapan act as a confidant of a juvenile andplay the similar role to a VPO in thecommunity.

It is also worth asking ex-offenders andtheir parents to assist the juvenile’sreintegration into the community. Theycan become a good advocate for a juvenilein obtaining employment, as well as beinga good model of reform.

(iii) Avoiding stigmatizationW h en a ju v eni le i s g iv en th e

oppor tu ni ty o f edu c at i on s uc h a svoc at ion al t r a i ni ng an d l i t e ra cyeduc a t ion , i t i s des ir ab le to u se


312

institutions that are not traditionallyassociated with offenders. Otherwise,stigmatization is likely to become theob st ac le t o obt a in in g soc ia lunderstanding.

(iv) Providing services to the communityMany juveniles are regarded as useless

to the community due to their pastmisconduct. Hence, measures to regainthe trust of the public are essential.Community service work is a goodexample of regaining the public’s trust. Ifthe planner or practitioner of treatmentprogrammes can grasp the needs of thecommunity in advance and devise aprogramme that meets them, completionof community service work can providevis ib le and tangib le ev idence thatjuveniles can bec ome contr ibut ingmembers of the community.

It is also important that the ProbationService provides the community withsome resources such as counseling. ThePr oba t i on S er vi ce s h oul d a l so b erecognized by the community as a usefulorganization.

(v) Providing security to the communityPublic safety is very important in

gaining social confidence. It is importantto not mislead the public regardingg uaran tees of the e f fe ct iv eness o fcommunity-based treatment, but it ishoped that the realistic education willprovide the basis of the community’ssupport for treatment.

Some countries have developed strictmeasures such as Home Confinement,electronic Monitoring, and IntensiveS up erv is ion . I n c omb in in g t hes em easu r es w it h c omm un it y-b as edtreatment programmes, there is anincreased likelihood of successfullytreating a high-risk juvenile in thecommunity.

(vi) Public RelationsMass media often report juvenile crime

so sensationally that the public lose theirconfidence in juvenile justice. Therefore,giving objective information to both massmedia and the public is crucial.

Information about the effect andefficiency of community-based treatmentbased on scientific research is one of themost important elements. Usually thesefindings are provided only in technicaljou r na ls o r books f o r s pec ia l i s t s ;moreover, they use difficult technicalterms. Such information should betranslated into more user-friendly termsand provided in more accessible ways.That is, information about juvenilejustice should be popularized throughpublishing, videos, TV programmes, webs i t es , an d so on . In for mat i on an dexamples about how to live withoutviolence should be provided to the publicthrough the materials such as posters,new s paper s an d br oc hu r es . Thi sin for mat ion w i l l he l p c h i l dren tounderstand the differences that existbetween their values and real life values.

The mass media can provide theco mmu ni ty w it h med i a edu ca t io nresources for youth, violence preventionprogrammes, parent workshops, andvolunteer staff training. Thus, massmedia is one of the most useful resourcesfor public relations.

Governmental sectors that organizeand promote th e abov e-men t ionedactivities should involve mass media withthem.

Cr im e Pr ev ent ion Awa re nes sCampaigns and Street Drama are alsouseful. The governmental sector canappoint celebrities to a number of thesecampaign activities.


313

C. Summary

An offender-based information systemis a vital step in the move towards bestpractices in community-based treatmentof juvenile offenders. It allows for:

(i) A systematic assessment of the risksand needs of each juvenile and theextent to which these needs are metth r oug h a com preh en si ve a n dintegrated management of juvenileo ff enders on c ommun ity-basedtreatment;

(ii) Objective benchmarking of progressmade by each offender;

(iii) Analysis of the impact of treatmentprogrammes and other caseworkintervention by Probation Officers,vo lu nt eer s an d ot her a gen ciesworking in partnership to achievesuccessful outcomes for the juvenile.This will enable a more effective andefficient use of resources to targethigh completion and low recidivismamong juveniles on community-basedtreatment.

W h i le th e G rou p recog nis es th eimportance of an effective and efficientlymanaged offender-based informationsystem in effective case management inthe interests of the juvenile, we aremindful that there should be a highpr emi um on c on f iden t i a l i ty o f a l linformation on offenders and families. Tothis end, there has to be a clear policy ondestruction of juvenile records andjudicious use of such information outsidethe framework of supervision.

Programmes to gain public confidencein community-based treatment f orjuveniles should be geared towardspr ov id in g c ommu ni t ies w it h th eunderstanding that community-basedtreatment i s not about addressingemotions, but rather to apply practical

measures in the effective rehabilitation ofthese juveniles within their communities,to the benefit of the community at large.

The goal of community safety is bestachieved through the delivery of effectivecom mun it y- bas ed in t erv en t ion a sexpressed through a well-managed casemanagement system.

Pu bl i c r e l at i ons i s a l l a bou tcommunicating to the public (in waysthey can understand and appreciate)wh at th ey n eed t o know t o d is pe lunnecessary fears about communitysafe ty i s sues , e f f ec t iv e t reatmen tmethods in reforming juvenile offenderswhile they are allowed to remain in thecommunity.

V. CONCLUSION

Having examined all the risk factorsand conducted needs assessments, thismodel has been designed as the onewhich is practicable to all participatingcountries. Although some countries mayf in d som e aspe ct s im pra c t i c a l toimplement immediately, the wish is for asystem that is as similar as possible indesign and which will be implemented inthe not too distant future.

Successful response to this modeldepends on the unveiling and gallantpublic relation efforts of practitioners.There is no reason why any and allav enues should be spared . We arecognizant of the fact that consistentvigilance for changes of the mood andatt itudes of the community wil l benecessary. However a keen eye must bekept for any new or additional resourceswhich might manifest from time to time.

Con t i nu i t y o f c ommu n ity bas edrehabilitative treatment also meanscontinuous research and evaluation of


314

pr og ra mmes th at c an in for mpractitioners. While we appreciate thatresources are scarce, we must ensure thatwhat resources are available are beingappropriately distributed to those youthmost in need.

Above all, staff training must be givena high priority if professionals are to beequipped to provide effective service.

Finally, we cannot emphasize toostrongly that the needs of the youth arecomplex and require the input ands u pport o f man y c ommu ni typrofessionals. We have advanced theconcept of the Multidisciplinary Team,which we feel is the best vehicle tosupport such evidence-based practice.

REFERENCES

Mark W. Lipsy and David B. Wilson,1998, “Effective Intervention for SeriousJuvenile Offenders ,” in “Serious &Violent Juvenile Offenders, Risk Factorsand Successful Interventions,” edited byRolf Loeber and David P. Farrington,Sage Publications, pp.313–345.

D .A . A nd rew s e t a l , 1 990 , “ DoesC orr ec t i ona l Tr eat ment W or k? AClinically Relevant and PsychologicallyInformed Meta-Analysis,” 28 Criminology369.

Leschied, A.W. “Effective CorrectionalTreatment.” UNFAEI, 118th Course, July2001, Fuchu, Japan.


315

Figure 1Model System of Community-Based Treatment

Community Resources

Community-based Treatment

Multi-disciplinary Team

CorrectionalInstitution

PublicProsecutor CourtPolice


316

Figure 2Integrated Case Management System

Risk and NeedsAssessment

Re-assessment ofEffectiveness of

Treatment

Reception of case

Planning TreatmentTarget

TerminationPlanning

Probation Service

Termination

SUCCESS FAILURE

EarlyDischarge

Back to Court

Resources(Governmental body

and Private body (NGOs))

EducationSchools, etc.

HealthCommunity health center, Hospial, etc.

AccommodationHalf-way house, Foster home, etc.

LeisureBBS, Sport and Cultural Societies

EmploymentEmployer, etc.

OthersFaith-based Organizations, etc.

Revocation ofProbation

Custody

Coordinating Community Resources

Referral

Feedback


317

Table 1Treatment Programme in the Context of Risks and Needs

Programme

Individual Counseling

Cognitive Behavioral Counseling

Family Counseling

Drug Treatment

Literacy Skill

Training

Vocational Training

Ris

k/N

eed

Family

Family relationships

Inadequate Supervision

School

Disruptive Behavior

Low Achievement

Truancy

Employment Unemployment

Peers

Delinquent Group

Few Positive Friend

Drug Substance Use

Leisure Making Better Use of Time

Individual

Resiliency

Self Esteem

Attention DeficitAntisocial attitude

Programme

Promotion of Employment

Restoring Programmes

Community Service Work

Adventure/ Sports Mentorship Fostering

Ris

k/N

eed

Family

Family relationships

Inadequate Supervision

School

Disruptive Behavior

Low Achievement

Truancy

Employment Unemployment

Peers

Delinquent GroupFew Positive Friend

Drug Substance Use

Leisure Making Better Use of Time

Individual

Resiliency

Self Esteem

Attention Deficit

Antisocial attitude


318

“ ” means that the resources are currently used in participant’s countries.

Table 2Rehabilitation Needs and Resources

Needs

Resources

Cooperative Individuals

Neighbors Peers

Schools Public

& Private

Academic Institutes

Business: Private Sector

NGOsGovernment Ministries & Departments

Basic EducationVocational Training

Employment

Accommodation

Health

Family Relationships

Sports/Leisure

best practices in community-based treatment of juvenile ... · a juvenile. the minimum age of...

Documents