Response & Incentive Matrix

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Reason For the MatrixThe purpose of the matrix is to provide offenders with swift, sure and fair incentives and violation responses and to identify the circumstances requiring judicial involvement. The matrix has:

A table for incentives

A table for violation responses

Each table includes three levels (the level is dependent upon the violation severity or the accomplishments of the offender)

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Benefits Of the Matrix

Consistent and progressive accomplishment and violation responses

Immediate reward of accomplishments and handling of technical violations

Reinforcement of positive behaviorReduction of Order to Show Cause affidavits or other requests

submitted to judicial partnersMonetary savings for judicial system

Fewer order to show cause hearingsLess legal preparation

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Effective October 1, 2015 all offenders will be supervised under RIM

RIM will be a standard condition for probation and parole

All offenders will be required to sign a new agreement adding RIM as a standard condition

How Does An Offender Get Placed In RIM?

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Probation & Parole Condition

The supervision condition for the the program will be worded and ordered as follows:

"Abide by the Response & Incentive Matrix”

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Matrix Specifics

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Incentives

Based on Low, Moderate, High/Intensive risk to recidivate level from primary assessment

Goal is a 4:1 ratio incentive-to-violation responseAPPA: Effective Responses to Offender Behavior: Lessons Learned for Probation and Parole Supervision

2. Apply Proper Ratio of Incentives to Sanctions―While some research supports the ratio of four incentives for every one sanction that is imposed for a violation of supervision (see report for citations), further experimental research is needed to validate this ratio. In practice, the best rule of thumb is to use incentives at least as frequently as sanctions are used. Sanctions can range from verbal corrective action to brief periods of incarceration. There also should be a wide range of incentive options that supervision officers may use to promote compliance among probationers and parolees.

The offender has the option to choose from the available incentives within their level

We are striving to determine ways to connect the positive behavior with a reward that makes sense to the offender.

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Violation Response

Based on Low, Moderate, High/Intensive risk to recidivate level from primary assessment

Used for all violations of supervision conditions

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Violation Response

Where a single event results in multiple violations, the probation or parole officer should administer a single response based on the most severe violation

Jail stays of 1, 2 and 3 days (RIM jail commitments) may be used as a violation response with prior approval. They shall not exceed five (5) days in a 30 day period.

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Matrix Deviations

If circumstances indicate an immediate or potential threat to public safety or the circumstances of a particular violation are not appropriately addressed by the matrix, the response matrix should not be used and the court/Board of Pardons & Parole should be notified.

The case must be immediately staffed with a supervisor and a 72-Hold should be utilized in cases of public safety.

A violation report must be filed with the court/Board of Pardons & Parole in which the probation or parole officer clearly and specifically articulates the rationale for deviating from the matrix.

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Select Matrix to see the current matrix

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Earned Time and

Earned Compliance Credits

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Earned Time Program - Prison

Minimum of 4 months off prison sentence for successful completion of qualifying evidence based programs tied to the inmate's Case Action Plan

Programs which qualify:High School DiplomaVocational CertificateSubstance Abuse TreatmentSex Offender Treatment

The Earned Time Program is not available to inmates with a life without parole sentence, or if the Board has issued an “expire life sentence” decision

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Example

Take the example of John Doe.

He has sex offender treatment as his #1 CAP priority, substance abuse treatment as #3, and he decides to enroll in a vocational trade class at the prison.

He would be entitled to at least 4 months off his prison sentence for completing SOTP. He would also be entitled to at least 4 months off for completing SATP.

But if he also completes a vocational certificate, it would be entirely up to the Board of Pardons & Parole whether he receives more time off his sentence.

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Earned Compliance Credits - AP&P

Offenders on probation and parole can earn time credits for compliance with the terms of probation and parole.

One month credit for each month violation free can be earned

Once earned the offender retains the credit

The Utah Department of Corrections will maintain an Earned Compliance Calculator within the database that will track the Potential Earned Compliance Termination Date.

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Earned Compliance Credits

Essentially, there are three ways to complete supervision early:

1. avoid violations of supervision in order to earn compliance credits,2. actively participate in evidence based programs to meet the treatment

dosage recommendations,3. reduce risk factors by actively engaging in the Case Action Plan.

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Frequently Asked Questions

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Q. What needs to be done to get the offender started on RIM?

A.Discuss the new RIM condition with the offender

Explain the matrix (incentives and sanctions)Explain Earned Compliance CreditsGive the offender a copy (paper or digital) of the matrix

Have the offender sign a new new probation and/or parole agreement with RIM listed as a standard condition

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Agreements

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A. Yes and no. Everyone under supervision as of October 1, 2015 will be subject to RIM. In order to ensure offender’s understand and have reviewed the condition a new agreement is necessary.

Q. If the offender has already signed a waiver and had RIM added as a special condition during the pilot is it still necessary to have them sign ANOTHER agreement?

A. Yes. A new agreement needs to be signed.

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Q. Beginning October 1st are all offenders “grandfathered” into the RIM?

A. There is no waiver signing process for this condition.

Q. What do we do if an offender refuses to sign the new agreement?

A. Explore their concerns and help the offender understand RIM. If they still refuse to sign involve your supervisor and notify the court and/or BOPP.

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Q. How can we force people who are already out on parole to sign a new PA to add this to their conditions without them signing a waiver agreeing to add it? I understand it will become a standard condition, however I can’t see how we can legally force them to sign a new PA.

Reports

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Q. When And How Will The Responses And Incentives Be Reported?

A. Responses and incentive history will be included in all transfer summaries and reported to the Court / BOPP when a report is submitted under a re-titled header “Offender History / Response & Incentive Matrix”

“Date”Type “Incentive” or “Response”Description of Violation/AccomplishmentDescription of ResponseExample:Date Incentive/Response

Accomplishment/Violation Outcome1/15/2015 Level 2 - Response Positive Drug Use

TRC12/1/2014 Level 1 - Incentive Community Service

Eliminate CurfewOrdered as they occurred with the most recent at the top

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Q. Will the history be included in the reports F-Track generates?

A. Eventually. For now it is necessary to compile it. Our hope is an easily copied format will be available by December 1, 2015. Efforts to include the history in the report templates will be pursued thereafter.

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Incentives

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Q. Why the goal of a 4:1 incentive to sanction response ratio?

A. Research is indicating this ratio appears to be the sweet spot. See the graph on the next slide.

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Ratio of Incentives to Sanction Increases

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Q. Is the amount off on a reduction of community service hours off the original amount or the current amount?

A. Off the original for the first and every subsequent reductions.

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Q. How should our office track the incentive disbursement and purchasing?

A. Each office is required to have a system in place to track the purchasing, inventory and disbursement of awards and vouchers. A template is available.

Q. How is the department paying for the rewards that are going to be given to the offenders?

A. The division is exploring options for purchasing incentives within purchasing rules. Vouchers can be obtained through non-profit organizations.

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Earned Compliance Credits

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Q. If an offender is ordered to pay restitution, fines, and a supervision fee monthly, and only makes a $30.00 payment would that count against them as far as the “good” time is concerned?

A. Earned Compliance Credits do not accrue for any given month if any violation is entered into the allegation/response screens in F-Track during that month. If the agent determines the offender is in violation and documents the violation no credits will be earned.

Q. How will probation compliance credit be calculated if they are in jail pending a new felony or serving a sentence for a new conviction that violated the terms of their original probation/parole?

A. Credits are not earned while incarcerated for stays of six days or more.

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Responses

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Q. Is a Matrix Commitment The Same As A 72 Hour Hold?

A. No. There is a difference

72 Hour HoldUsed to investigate a serious violation or to obtain a BOPP or Court warrant. This excludes weekends or holidays.

Matrix CommitmentLevel 3 response which results in a 1,2 or a 3 day jail stay. Maximum of 5 days jail per 30 days. These are actual days and include weekends and holidays. Approval by the court or BOPP is required.

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RIM JAIL COMMITMENT PROCESS PAROLE

Agent prepares standard Parole Progress/Violation Report including the offender’s RIM History and include:

Type “RIM JAIL COMMITMENT” beneath the header

Request a jail commitment in your recommendation. Identify number of days requested and the jail where the offender is to be committed

DURING BUSINESS HOURS

Submit the report via UDOCA using the normal process

Call BOPP at 801-261-6464 and tell them the request has been entered so they can expedite it

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RIM JAIL COMMITMENT PROCESS PAROLE

AFTER BUSINESS HOURS

Call BOPP at 801-261-6464 and determine who the on-call Board member is. Call the on-call BOPP member and follow their instructions for submitting the PV for their review

Once a signature is obtained the agent will then print the report with the approving signature and take the offender to the jail for booking.

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RIM JAIL COMMITMENT PROCESSPROBATION

Agent prepares standard Progress/Violation Report including the offender’s RIM History and include:

Type “RIM JAIL COMMITMENT” beneath the header

Request a jail commitment in your recommendation. Identify number of days requested and the jail where the offender is to be committed

SUBMISSION

This process may vary from district to district. Contact your local court administrator for details. An example of how the 2nd District has set up their protocol is included on the follow slide: 36

RIM JAIL COMMITMENT PROCESSPROBATION

RIM Jail Commitment requests will NOT be sent through court services in the same way our normal PV and PSI reports are sent.

The PV is sent to a designated court email address with a cc: to the sending agent and the agent’s supervisor. Emails will state “URGENT RIM JAIL COMMITMENT REQUEST” in the subject line.

Ogden District Court: 2webermorgand@utcourts.gov

The assigned clerk who monitors this email will print our report and attempt to locate the judge who sentenced the offender to probation and obtain his signature. In the event the sentencing judge is not available, this will be submitted to any other available judge for signature.

Once a signature is obtained the clerk will scan the signed report and email it back to the agent and supervisor.

Agents will then print the PV with approving signature and take a copy to the jail when booking the offender.

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Q. What Should We Consider When Placing An Offender On A Matrix Commitment?

A.MedicalVery sick offenders with special medical needs and/or medications should be screened with a supervisor and your jail representative prior to placement on a matrix commitment.

WeekendsWeekends are a busy time for the jails. Be mindful of this if it is an issue at your jail.

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Q. Will the jails take offenders from other districts/jails if the recommendation is approved for that jail as we have done in the pilot?

A. Our understanding is yes. If something different happens, please let us know.

Q. Do we need to submit a RIM jail commitment request to each judge if the offender has multiple cases?

A. No. If there are different districts/courts involved pick the most serious offense and send the request to that court.

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Q. Will the jails be reimbursed for the offenders we place on RIM commitments?

A. It is our understanding reimbursement for RIM jail commitments can be distributed if there is money remaining in the jail contract.

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Q. How do we handle offender’s who are on “zero tolerance” with RIM?

A. Notify the court on every violation. Frame your recommendation based on RIM.

Note to Agents: Never recommend zero tolerance. It goes counter to the Justice Reform Initiative.

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Q. What Happens If Parole & Probation is Restarted/Continued?

A. The offender is re-assessed (LSI, WRNA etc.) and starts anew on the matrix at the base level for their risk level.

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Q. What if an offender has probation and/or parole cases at different stages?

A. Use the highest level of response and award all incentives

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Q. What If It Is Necessary To Respond to a Violation and Reward An Offender At The Same Time?

A. Do both! Respond to the violation and provide the incentive.

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Matrix

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Q. Why such a drastic change from the pilot to the new system and has the new system been piloted?

A. The purpose of the pilot was to evaluate the matrix. Feedback received indicated the need for a more direct and less confusing matrix. The new matrix has not been piloted but the opportunity to modify it will occur as needed when the sentencing guidelines are up for review.

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Training & Miscellaneous

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Q. Is there any other training or quick reference guide which can be accessed?

A. Another options is:

The 2015 Adult Sentencing and Release Guideline is available at http://www.utah.gov/pmn/files/172049.pdf

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Q. Does the new push to terminate LOW risk offenders apply to DUI’s?

A. Yes, but there is a statutory mandate for no early terminations on felony DUI’s. Our belief is the courts can still place them on court probation or an alternative form of supervision. There could be some modifications to this statute this year.

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Q. What is the recommended way to share the matrix with the offender?

A. Email it to the offender

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