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Collaborators Elizabeth Letourneau Kelly Babchishin Andrew J.R. Harris

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0 R. Karl Hanson, Ph.D. rkarlhanson@gmail.com Karl.Hanson@canada.ca
When is an Individual with a History of Sexual Crime No Longer a “Sex Offender” R. Karl Hanson, Ph.D. NOTA Regional Conferences 2017 Sterling, Scotland, April 24 Cardiff, Wales, April 26 Newry, Co Down, Northern Ireland, April 28

1 Collaborators Elizabeth Letourneau Kelly Babchishin Andrew J.R. Harris
Maaike Helmus Guy Bourgon David Thornton

2 Partners

3 Public Protection Policies
Core Assumption: Individuals subject to restrictions and obligations because of risk of sexual offending should be more likely to commit sexual offences than individuals not subject to these public protection policies.

4 Desistance Threshold Points of Reference:
The same as anybody in the general population The same as young males in the general population The same as individuals with a history of non-sexual crime, but no history of sexual crime

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6 Scope of Literature Review
Rate of Out-of-Blue Sexual Offending Among Individuals with a History of Non-Sexual Crime Scope of Literature Review Studies with 1,000+ individuals Complete cohorts Follow-up time of 3 years +

7 11 Studies Identified Total sample size = 543,204
Range from 1,780 to 262,420 Median = 9,852 Adult (8); Juveniles (3) Prison (9) USA (6), Canada (3), UK (1), Netherlands (1) Conviction (7)

8 1.3% Dashed line is the weighted average and median value

9 Desistance Threshold Out of 100 individuals, 2 or less will be detected for a new sexual offence after 5 years in the community. Conversely, 98 out of 100 will not.

10 Risk Assessment Can we identify individuals with a history of sexual crime whose risk is below the desistance threshold? Can we detect when individuals drop below the desistance threshold? What should we call this risk level? Low risk?

11 Another Piece of the Puzzle: Standardized Risk/Need Levels
Many different tools used Different number of risk levels Low concordance of risk category labels across measures

12 The calibration of Florentine alcohol thermometers was so arbitrary that a comparison of, say, ten of them would have shown not one to agree with any of the others – Father Lutz (1781) We are greatly at a loss for a standard whereby to measure cold. The common instruments show us no more than the relative coldness of the air, but leave us in the dark as to the positive degree thereof; whence cannot communicate the idea of any such degree to another person – Robert Boyle (1665)

13 Benefits of Standardized Categories
Increased precision of risk instruments, thereby supporting the reallocation of resources to support interventions for appropriate populations and better guide the decision-making activities of releasing authorities. Increased public safety Demonstrate cost effective approaches for agencies to consider as a result of improved risk communication strategies (e.g., reducing length of stays for low risk; decreasing staff overrides of risk results). Decreased costs Criminal justice agencies will be able to establish streamlined practices and polices for reconciling divergent risk results and determine the necessary and appropriate assessments for various offender groups. Increase system efficiency Criminal justice agencies will be better positioned to develop effective comprehensive reentry strategies, based on the results of multiple screening and assessment instruments and more discrete risk groups. Enhanced continuity of care Promote increased inter- and intra- communication. Practitioners will have more authority and empirical support to effectively translate risk results across agencies and/or jurisdictions. Increased organizational communication

14 Standardized Categories Are Possible
Assumptions Recidivism risk is dimensional No true categories Risk factors are stochastic and incremental Measures agree for extreme cases Risk for sexual recidivism risk for general recidivism sexual crime specific factors

15 The Challenges of Standardization

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18 Risk Category Labels Sexual Offender Risk Tool Static-99
Low, Low-Moderate, Moderate-High, High Static-99R Static-2002 Low, Low-Moderate, Moderate, Moderate-High, High Static-2002R Sexual Violence Risk-20 (SVR-20, SPJ) Low, Moderate, High RM-2000 Sex Low, Moderate, High, Very High RM-2000 Sex + STABLE-2007 Low, Moderate, Moderate-High, High, Very High Static-99 + Low, Moderate-Low, Moderate-High, High, Very High

19 The Way Forward Common language for risk communication
Standardize, evidence-based risk category labels Construct validity Interpretations supported by evidence Relevant for policy and practice decisions

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21 Justice Center’s 5-Levels for General Offender Risk/Need Assessments
Category I Category II Category III Category IV Category V

22 Category I Profile: Correctional Strategies: Outcomes:
Criminogenic needs: none or transitory Non-Criminogenic needs: none or transitory Resources: clearly identifiable personal and social resources Reoffending Base Rate: same as non-offender community at large (e.g., <5%) Correctional Strategies: Human services: unnecessary/ direct to social services if desired Community Supervision: minimal as not necessary for compliance Custody: counterproductive Outcomes: Short-term: No change in probability of re-offending Life Course: Desistance

23 Category II Profile: Criminogenic needs: Few, if any, more acute than chronic. Non-Criminogenic needs: Few if any, transitory and quick to respond Resources: Clearly identifiable personal and social resources Reoffending Base Rate: Higher than individuals without a criminal record but lower than typical offender Correctional Strategies: Human services: Brief interventions: social problem solving aided through existing community services. Community Supervision: simple case management with minimal supervision for compliance Custody: may be productive for crisis management but unnecessary long-term Outcomes: Short-term: Probability of re-offending reduces quickly to non-offender levels (Category I) Life Course: Desistance (i.e., one and done)

24 Category III Profile: Correctional Strategies: Outcomes
Criminogenic needs: Some; may be severe in one or two discrete needs or less chronic/severe across multiple needs Non-Criminogenic needs: Some; typical to offenders Resources: Some identifiable personal and social resources, sporadic use Reoffending Base Rate: Same as the average rate for offenders as a group Correctional Strategies: Human services: Structured services target criminogenic needs over months; (e.g. ~ hours of service); assist with non-criminogenic needs/responsivity factors. Community Supervision: Change focused supervision with supervision for enhance engagement and compliance Custody: may support short-term risk management Outcomes Short-term: Probability of re-offending can significantly ↓ with appropriate strategies BUT still higher than community at large (Category II) Life Course: Expected involvement in crime over time but desistance possible over years

25 Category IV Profile: Correctional Strategies: Outcomes:
Criminogenic needs: Multiple; may be chronic in one or two discrete needs and moderate in others Non-Criminogenic needs: Multiple, moderate to severe. Resources: Few identifiable personal and social resources, sporadic prosocial use Reoffending Base Rate: Higher than the rate of “typical” offender Correctional Strategies: Human services: Structured comprehensive services target multiple criminogenic needs over lengthy period with community follow-ups and supports (e.g. ~ 300+ hours of service); assist with non-criminogenic needs/responsivity factors. Community Supervision: Intensive and change focused supervision with supervision for enhance engagement and compliance as well as risk management Custody: may be productive for short-term risk management and beginning treatment Outcomes: Short-term: Probability of re-offending can ↓ with appropriate strategies BUT still “average” for offender population at large. Life Course: Chronic offending rate shows gradual decline with appropriate services and time (i.e., years/decades).

26 Category V Profile: Criminogenic needs: Multiple, chronic and entrenched Non-Criminogenic needs: Multiple, moderate to severe Resources: Few identifiable personal and social resources; use for procriminal pursuits Reoffending Base Rate: 85% re-offending rate (Top 5% of offenders) Correctional Strategies: Human services: Structured comprehensive services target multiple criminogenic needs over years ideally prior to community release (e.g. ~ 300+ hours of service); assist with non-criminogenic needs/responsivity factors Community Supervision: Long-term supervision begins with intensive/risk management focus and gradual change to change focus (Category IV) with success over time Custody: incapacitation for community safety , long-term change strategy starts with behavioral management Outcomes Short-term: Probability of re-offending still significantly higher than offender population even with appropriate long-term correctional strategies Life Course: Chronic offending rate gradually declines over decades or advanced age, cascade within custody envirnoments

27 New Risk Tools? Not Necessarily
Given a functional risk scale, no need to change items or total scores Need to change THRESHOLDS Heuristics for estimating standardize categories from quantitative information

28 Three Ways to Quantify Risk
Absolute recidivism rates e.g., 35% reconvicted after 2 years Percentile rank e.g., top 12% of offenders currently in the system Risk Ratios e.g., 2.5 times more likely to reoffend than the typical American offender.

29 Calculating Risk Categories 1
Requirement: Risk Scores & Recidivism of Population Recidivism 1.00 Risk Scores Distribution Base Rate ~ .40 0.00 Median

30 Calculating Risk Categories 2
Category I: Upper Boundary Category V: Lower Boundary Upper Boundary ~5% Recidivism Lower Boundary ~85% Recidivism 1.00 ~0.85 Cat I Cat V ~0.40 ~0.05 0.00 Category I: Risk Score Cutoff Category V: Risk Score Cutoff

31 Calculating Risk Categories 3
Category III: Boundaries Boundaries = Appropriate Treatment Effect Size Odds Ratio: ±1.44 1.00 ~0.85 Cat III Cat II Cat IV ~0.40 Cat I Cat V ~0.05 0.00 Category III: Risk Score Cutoffs

32 New STATIC risk categories
Previously, Static-99R had 4 categories: Low, Low-Moderate, Moderate-High, High Static-2002R had five: Low, Low-Moderate, Moderate, Moderate-High, High Now Static-99R and Static-2002R have the same five categories

33 Name Static-99R Static-2002R Scores    Midpoint percentile Predicted 5-year Recidivism rate (%)  Recidivism rate (%) I Very Low Risk -3, -2 2.8 0.9 – 1.3 -2, -1 1.0 – 1.5 II  Below Average -1, 0 14.8 1.9 – 2.8 0 , 1 13.9 2.2 – 3.2 III Average Risk 1, 2, 3 49.1 3.9 – 7.9 2, 3, 4 46.7 4.6 – 9.7 IV-a  Above Average 4, 5 83.4 11.0 – 15.2 5, 6 81.6 13.8 – 19.2 IV-b Well Above Average 6 or more 96.2 20.5 – 53.0 7 or more 96.0 26.0 – 53.5

34 Standardized STATIC categories
Increased concordance (more likely to be given the same label on both) Increased construct validity Categories have the same meaning for standardized measures If you know the category label, what else should you expect about the offender?

35 Standardized Static-99R Categories
Age

36 Standardized Static-99R Categories
Sexual Criminality (0) (0) Prior Sex Sentence Stranger Victim Sexual Preoccupation Relationship Instability

37 So what about Risk Matrix – 2000?
Risk Matrix – 2000/Sex has too few items/levels to assigned individuals to the standardized risk levels We are exploring the utility of standardized levels for Risk Matrix – 2000/Sex + STABLE-2007

38 Assessing Transitions to Desistance
Can we identify when individuals drop down below the desistance threshold (Level I)?

39 Simple Marker Variables That Can Be Used To Revise Assessments
Current age (versus age at release) Prison misconducts Post-index violations of conditional release Time since last known offence behaviour No new offences given opportunity

40 Alfred Blumstein & Kiminori Nakamura
Blumstein, A. & Nakamura, K. (2009). Redemption in the presence of widespread criminal background checks. Criminology, 47, doi: /j x

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44 Samples 21 samples from the Static-99 re-norming project
N ranged from 133 to 1,278 (N = 7,740) Majority from Canada (k = 9) or the U.S. (k = 5)

45 Time to Sexual Recidivism by Risk Level
This is a survival curve The separation of the traces tells us that STATIC-99 actually predicts risk as you can see that the guys that score in the High Nominal category on the STATIC-99 recidivate at basically 4 times the rate of those offenders who fall into the Low Nominal Category Analysis based on N = 8,128 sexual offenders from 20 datasets

46 5 Years - no recorded recidivism
One of the things we noticed in our earlier work was that the overall rate of recidivism seemed to decline the longer the guy was in the community and managed to not attract another sexual criminal charge or conviction

47 10 Years - no recorded recidivism
A further reduction can be seen in the rate of recidivism after 10 years of not attracting any new sexual charges or convictions Now, one of the problems with this methodology is that Survival Analysis over-estimates the decline because the higher-risk guys tend to recidivate early and the over-all risk profile of the sample changes as time passes To correct for this we will use Logistic Regression a more sophisticated technique because it controls for the range of scores that are present in each new analysis. It is a better measure of time free Could there ever be a time when “people” would agree that the risk of recidivism was reduced sufficiently that we would not follow sexual offenders any more

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50 Modeling Desistence When do individuals cross the desistance threshold? Hanson, RK, Harris, AJR, Letourneau, E, Helmus, LM, & Thornton, D. (2017, in press). Reductions in risk based on time offense free in the community: Once a sexual offender, not always a sexual offender. Psychology, Public Policy, & Law.

51 Sample & Method 7,225 adult males (791 sexual recidivists) 20 samples
Routine/Complete (8), Treatment (5), High Risk/High Need, Other (2) Canada (10), US (4) and one each from UK, Austria, Sweden, New Zealand, Denmark and Germany Variable follow-up: .5 to 25 years Discrete-time survival analysis (logistic regression)

52 Annual Hazard Rates for Sexual Recidivism

53 Estimated Hazard Rates for Routine Samples by Static-99R Risk Levels

54 Years Sexual Offence Free in the Community
Decline in Risk Level Based on Initial Static-99R Score and Years Sexual Offence Free in the Community Years Sexual Offence Free in the Community 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 STATIC-99R Scores -3 I -2 -1 II III IVa IVb

55 So, what is happening? Frailty Real change
Selective attrition of high risk cases Real change Risk relevant propensities Intentions

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57 When you’ve finished changing, you’re finished.
– Benjamin Franklin

58 Why might individuals desist?
Effective psychological interventions Regulating risk relevant propensities Aging Physical decline Increased psychological maturity Increasing rewards from prosocial life Success in work Rewarding leisure activities Decent friends Caring intimate partner Increased dependence

59 Policy and Practice Implications
Speak a common language Understanding the meaning of the risk category labels used in your setting. Invest the most resources in the highest risk cases Align interventions, service, and supervision with risk levels. Sort individuals according to risk levels Have structured methods for assigning individuals to risk levels. Routinely revise risk levels Have structured methods for revising risk level assignment.

60 rkarlhanson@gmail.com karl.hanson@canada.ca @RKARLHANSON


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