Evidence-Based Sentencing
Learning Objectives
• Describe the three principles of evidencebased practice and the key elements of
evidence-based sentencing;
• Define the potential impact and benefit of
these principles and supporting practices
on risk reduction among the general
offender and the sex offender population;
and
• Apply these principles to the adult sex
offender population.
REFORM INTERESTS AND
APPLICATION TO SEX OFFENDERS
Concerns Among Felony Court
Judges and State Chief Justices
• Concerns of felony court judges
– High rates of recidivism among felony
offenders
– Ineffectiveness of traditional probation
and other sanctions in reducing
recidivism
– Lack of effective community
alternatives to incarceration
(Peters & Warren, 2006)
Concerns Among Felony Court Judges
and State Chief Justices (cont.)
• State chief justices’ top reform interests for the
state court
– Public safety through recidivism reduction
efforts

Implementation of evidence-based
practices and services

Use of empirically-based risk and needs
assessment tools
• Direct application to adult sex offenders
(Peters & Warren, 2006)
The Rationale for Applying EvidenceBased Practices to Offender
Management and Sentencing
• Offenders, in general, are failing at alarming rates
• 67% rearrested within three years following
release from prison
• 30% probationers are reconvicted of a new
crime
• Research over the past two decades
demonstrates that – through the use of evidencebased practices – recidivism can be reduced by as
much as 30%
(Hughes & Wilson, 2003; Andrews & Bonta, 1997)
KEY TERMS AND PRINCIPLES IN
EVIDENCE-BASED SENTENCING
Defining Key Terms
• Evidence-Based Knowledge
– Conclusions drawn from studies that
have been replicated numerous times
with defined, measurable outcomes
about the effectiveness of an
intervention or process
• Evidence-Based Practice
– The application of empirical research
to professional practice
Defining Key Terms (cont.)
• Evidence-Based Principles
– The three “principles” of evidencebased practice that have been
derived from the research on risk
reduction
• Evidence-Based Sentencing
– The application of the principles of
evidence-based practice to
sentencing
The Three Key Principles of
Evidence-Based Practice
The Risk
Principle
WHO to
target for
intervention
The Needs
Principle
WHAT to
target for
intervention
The
Responsivity
Principle
HOW to
target for
intervention
(Andrews & Bonta, 2007)
The First Key Principle: Risk
• Aligning level of intervention with level
of risk to produce reduced recidivism
• Empirically based, actuarial
instruments assess the level of risk an
individual offender is likely to pose
• More intensive services for higher risk
and higher need offenders produce the
most significant reductions in
recidivism
The Risk Principle: Which is True?
A) Delivering moderate or high intensity
interventions to offenders who are at
low risk for recidivism can result in an
increase in the likelihood to re-offend.
B) Delivering moderate or high intensity
interventions to offenders who are at
low risk for recidivism can result in a
decrease in the likelihood to re-offend.
The Second Key Principle: Needs
• Criminogenic needs (dynamic risk factors)
= changeable conditions in an offender’s
life that can lead to re-offense behavior
• Actuarial instruments have been
developed to assess these "criminogenic
needs”
• Targeting interventions to the unique
criminogenic needs of an individual
offender has significant risk reduction
potential
Criminogenic Need Areas:
The “Big Four”
• Anti-social cognitions
• Anti-social companions
• Anti-social personality
(temperament)
• Family and/or marital difficulties
Criminogenic Need Areas:
The “Lesser Four”
• Substance abuse concerns
• Lack of education
• Lack of employment
• Lack of pro-social leisure activities
Recidivism Reductions as a Function of Targeting
Multiple Criminogenic vs. Non-Criminogenic Needs
Increased
recidivism
Decreased
recidivism
More Criminogenic
than Non-Criminogenic
Needs
(Hanson et al., 2009)
More Non-Criminogenic
than Criminogenic
Needs
Sex Offender-Specific Dynamic
Risk Factors
Sexual preoccupations
Access to victims
Intimacy deficits,
conflicts in relationships
Pro-offending attitudes
Hostility
Non-compliance with
supervision, treatment
Lifestyle instability
The Third Key Principle:
Responsivity
• Treatment and supervision are most effective
when tailored to responsivity factors
• Primary responsivity factors
– Cognitive/intellectual functioning
– Culture
– Gender
– Learning style
– Level of motivation
– Mental health condition
The Three Components
of Responsivity
Program
Components
Traits of
Service
Providers
Offender
Characteristics
Motivational Interviewing as a Key
Behavioral Change Tool
• Motivational interviewing engages
the offender in his/her plan for
change
• Motivational interviewing is skillbased
– The application of specific
techniques is critical to its success
Motivational Interviewing as a Key
Behavioral Change Tool (cont.)
• All professionals should be skilled in
motivational interviewing
– Judges are increasingly using
motivational interviewing
Impact of Adhering to the Core Principles of Effective
Correctional Intervention: Risk, Needs and Responsivity
Increased
recidivism
Decreased
recidivism
(Andrews et al., 1999)
Other Research Findings Identifying
Interventions and Strategies
that “Work” with Offenders
• Cognitive-behavioral interventions
• Positive reinforcement
• Balanced approach to supervision
(Andrews & Bonta, 2007; Aos et al., 2006)
RELEVANCE OF RESEARCH TO
SEX OFFENDERS
Research Findings Identifying Treatment and
Supervision Strategies that Generally Don’t
“Work” with Offenders
• Surveillance models of supervision
• Longer sentences over shorter sentences
• Punishment-oriented sanctions
(Aos et al., 2006)
Relevance of These Findings
to Sex Offenders
• Sex offenders are not “just” sex offenders
• Risk/needs/responsivity studies replicated
with sex offenders
Reducing Risk Among the Adult
Sex Offender Population
EvidenceBased
Practices
Sex OffenderSpecific
Interventions
Risk
Reduction
Reminder: Definition of
Evidence-Based Sentencing
Evidence-based sentencing is the
application of the principles of
evidence-based practice to
sentencing.
FIVE TENETS OF EVIDENCE-BASED
SENTENCING
Five Tenets of
Evidence-Based Sentencing
#1: Expect professionals to provide
thorough, complete, and accurate
information about offenders so that
informed decision-making is
possible.
Five Tenets of Evidence-Based
Sentencing (cont.)
#2: On an individual case basis, obtain and
apply comprehensive offender
assessment data
– Level of risk to re-offend sexually
– Level of risk to re-offend non-sexually
– Sex offender-specific dynamic risk
factors
– Criminogenic needs
Five Tenets of Evidence-Based
Sentencing (cont.)
#3: When crafting sentences for the
purpose of risk reduction, match
interventions to empirically assessed,
changeable risk factors
–Sex offender-specific dynamic risk
factors, as well as
–Criminogenic needs
Five Tenets of Evidence-Based
Sentencing (cont.)
#4: Use motivational interviewing as a tool
to encourage behavioral change among
offenders.
#5: Encourage and support the use of
evidence-based policies and practices
by all justice practitioners and service
providers.