Australasian Parole Authorities Conference October 17, 2014

§ Jared Sharp, Manager, Law & Justice Projects, North Australian Aboriginal Justice Agency § Debbie Boar, Deputy Project Director, HCJC, Center for Court Innovation

PAROLE RE-ENTRY COURTS: A VIABLE MODEL FOR AUSTRALIA?

North Australian Aboriginal Justice Agency (NAAJA)

n  NAAJA provides high quality and culturally proficient criminal and civil legal assistance for Aboriginal people in the Top End.

n  In addition to the criminal and civil legal practices, NAAJA has a Law & Justice projects section (policy & law, community legal education, Throughcare project).

True Justice, Dignity and Respect for Aboriginal people

Challenges for Aboriginal people to obtain parole

n  English as a second, third or fourth language. n  legal literacy and conceptual understanding to independently

participate in the parole process n  Parole of Prisoners Act excludes procedural fairness and limited

systemic protections (ie. parolee not present when Board sits) n  lack of services for Aboriginal prisoners -can mean not able

to demonstrate have addressed causes of offending behaviour, can mean inadequate supports upon release.

Impact of NAAJA and CAALAS role in addressing these challenges

2012 NT Parole Board Annual Report: n  2009: the Parole Board granted parole to 66

prisoners and had 409 items of business n  2011: these numbers had increased to 107 parole

grantees and 612 items of business n  2012: these numbers further increased to 135 parole

grantees and 783 items of business

‘Items of business’ refer to applications for parole that the Parole Board is monitoring to ensure that post-release plans contain adequate supports and address criminogenic risk.

Challenges for Aboriginal people to maintain parole

•  Understanding parole conditions, and consequences of breach •  Unstable accommodation •  Absence of employment •  Dealing with risk factors that have led to offending in the past •  Limited support services, and how to access •  Social isolation (Prof Tony Vinson) – link between offender and

their community •  Remoteness •  Capacity to comply (reporting, breath testing/urinalysis) •  Changes in life circumstances •  Other orders in conflict with parole conditions (ie. DVO’s)

Breaches of parole

Source: NT Parole Board Annual Report 2012

•  Overwhelming number of breaches are conditional, not reoffending

•  Most breaches occur in

first 3 months of release

Seeing a Re-entry Court in action! n  To an Aussie observer, Oakland Re-entry Court was just that - a court!!

n  Re-entry Court Team is a judge, a probation officer, case managers, an Assistant U.S. Attorney, and an Assistant Federal Public Defender

n  Targets high-risk parolees n  Goals:

1.  to decrease recidivism and technical parole violations 2.  support progress on parole, including access to substance abuse and or/

mental health services, wrap around social services n  team works collaboratively to troubleshoot issues parolee facing.

n  Example: drug testing shows parolee’s drug use reducing. But functioning well in other aspects of her life. Approach here to encourage, support (“not doing this on own”, “start with drugs, then look at job”)

n  Rewards and sanctions n  Oakland Re-entry Court part of a wider movement in the US …

Harlem Community Justice Center

n  Problem-solving court, offers creative alternatives to traditional justice system n  HCJC: Housing, Youth, and Reentry n  Four Reentry Initiatives: Recidivism Reduction Efforts

n  Harlem Parole Reentry Court n  Manhattan Reentry Task Force n  Family and Faith Circles of Support n  Harlem Justice Corps

Upper Manhattan/Harlem’s Challenge

n  35-45% of children live in poverty

n  Unemployment rate nearly double other areas in Manhattan

n  50% of people on parole returning to Manhattan return to Upper Manhattan which represents only 36% of NYC’s population

n  Gang membership in E. Harlem increased from 150 members in 2007 to 1000 members in 2009

Recidivism in NY State

n  Of 24,520 released in 2006, by 2009: n  Percent Returned for a Parole Violation: 30.5% n  Percent Returned for New Felony Conviction:

10.7% n  Total Percent Returned: 41.2%

Harlem Parole Reentry Court

n  Partnership between New York State Division of Criminal Services, Division of Parole, and Center for Court Innovation n  Manages the return to the community of individuals being released from prison, using the authority

of the court to apply graduated sanctions and positive reinforcement and to marshal resources to support the individual’s reintegration.

How It Works n  DOCCS assigns 200 medium to high risk prison

releasees returning to Harlem n  Case Manager or Social Worker assigned by HCJC in

addition to Parole Officer n  Stabilization/Criminogenic Needs n  Reporting location/programming within the community n  Judicial Supervision n  Graduation after 9 Months; Case transfer

Evidence Based Practices 1)Assess Risk and Need of Individual: Not everyone should be treated the same! 2) Front end resources: First six months riskiest! 3) Use Motivational Interviewing and Cognitive Behavioral Interventions: Not all interventions are equal! 4) Engage Natural Support Systems: Community matters! 5) Procedural Justice: Process matters! 6) Use Graduated Positive and Negative responses: Celebrate small successes, a lot, and respond immediately and proportionately to negative behavior!

Hearings

n  Initial court appearance n  Follow Up Hearings n  Procedural Justice n  Informed Sentencing: Revocation process

Collaboration n  Micro-team meetings

n  Reentry Court team meets weekly – parole officers, case managers, & ALJ

n  Discussion of clinical/supervision needs for clients on the hearing roster that week as well as cases with compliance issues

n  Positive and Negative Responses

n  Macro-team meetings n  Monthly meetings between Reentry Court team and key

social services agencies n  New agencies vetted and invited to present

Evaluation

n  Randomization – direct effects of the Reentry Court compared to traditional parole

n  IMPACT: compare RC to comparison n  Recidivism at 1 year post-release

n  Rearrests n  Reconvictions n  Technical Violations and Revocations

n  Preliminary Results

THANK YOU!!

Questions? Site Visit? Technical Assistance?

Feel free to contact me:

Debbie Boar: Board@courtinnovation.org

347.327.2758

Helpful Resources n  Reentry Coaching Packet Series, Center for Effective Public Policy

http://www.cepp.com/documents/center-for-effective-public-policy-coaching-packets.pdf n  Making Sense of Incentives and Sanctions

http://www.ncjfcj.org/sites/default/files/incentivesandsanctions5_0.pdf n  Motivational Interviewing : http://nicic.gov/library/topic/792-motivational-interviewing n  Cognitive Behavioral Interventions: http://nicic.gov/?q=cognitive+behavioral+treatment n  Center for Court Innovation/Harlem Community Justice Center Publications:

n  Reentry Court Tool Kit: www.courtinnovation.org/research/reentry-court-tool-kit n  Starting Out on the Right Foot: A Needs Assessment of Reentry in Upper

http://www.courtinnovation.org/sites/default/files/UMRTF_Needs_Assessment.pdf

n  Enhancing Parole Reentry and Public Safety in Upper Manhattan: http://www.courtinnovation.org/sites/default/files/UMRTF_Strategic_Plan.pdf

n  Evidenced Based Strategies for Working with Offenders: http://www.courtinnovation.org/research/evidence-based-strategies-working-offenders

n  “Why Respectful Judging Matters”: http://rethinkingreentry.blogspot.com/2011/08/secret-ingredient-why-respectful.html