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Federal Probation Journal JUNE 2016 a journal of correctional philosophy and practice The Supervision of Low-risk Federal Offenders: How the Low-risk Policy Has Changed Federal Supervision Practices without Compromising Community Safety By Thomas H. Cohen, David Cook, Christopher T. Lowenkamp Examining Overrides of Risk Classifications for Offenders on Federal Supervision By Thomas H. Cohen, Bailey Pendergast, Scott W. VanBenschoten Trademarks, Press Releases, and Policy: Will Rigorous Research Get in the Way? By Kristin Bechtel, Anthony W. Flores, Alexander M. Holsinger, Christopher T. Lowenkamp A Case Study of the Implementation of Staff Training Aimed at Reducing Rearrest (STARR) By Tammatha A. Clodfelter, Jefferson E. Holcomb, Melissa A. Alexander, Catherine D. Marcum, Tara N. Richards Street-level Discretion and Organizational Effectiveness in Probation Services By Alese Wooditch, Lauren Duhaime, Kimberly Meyer Extralegal Factors and the Imposition of Lifetime Supervised Release for Child Pornography Offenders By Niquita M. Vinyard Trends in the Criminality and Victimization of the Elderly By Peter C. Kratcoski, Maximilian Edelbacher Juvenile Focus By Alvin W. Cohn ADVISORY COMMITTEE m e m b e r s a journal of correctional Dan Richard Beto philosophy and practice National Association of Probation Executives Huntsville, Texas PUBLISHED BY James Byrne The Administrative Office of the U.S. Courts University of Massachusetts, Lowell Lowell, Massachusetts James C. Duff, Director Honorable James G. Carr Matthew G. Rowland, Chief United States District Court Probation and Pretrial Services Office Toledo, Ohio Federal Probation ISSN 0014-9128 is dedicated to informing its readers about current Alvin W. Cohn thought, research, and practice in corrections and criminal justice. The journal welcomes the Administration of Justice Services, Inc. contributions of persons who work with or study defendants and offenders and invites authors Rockville, Maryland to submit articles describing experience or significant findings regarding the prevention and control of crime and delinquency. A style sheet is available from the editor. Ronald P. Corbett, Jr. University of Massachusetts, Lowell Federal Probation is published three times yearly—in June, September (on a special topic), Lowell, Massachusetts and December. Permission to quote is granted on the condition that appropriate credit is given the author and Federal Probation. For information about reprinting articles, please contact Thomas Henry the editor. Seton Hall University Subscriptions to Federal Probation are available from the Superintendent of Documents at an South Orange, New Jersey annual rate of $16.50 ($22.40 foreign). Please see the subscription order form on the last page of this issue for more information. Magdeline Jensen CEO, YWCA of Greater Pittsburgh Pittsburgh, Pennsylvania Tim Murray Pretrial Justice Institute Washington, DC EDITORIAL STAFF Honorable David D. Noce United States District Court Nancy Beatty Gregoire, Executive Editor St. Louis, Missouri Ellen Wilson Fielding, Editor Daniel B. Ryan Justice Solutions Group Federal Probation Lakeville, Minnesota Administrative Office of the U.S. Courts Washington, DC 20544 Faye Taxman telephone: 202-502-1651 George Mason University fax: 202-502-1677 Fairfax, Virginia email: [email protected] Marie VanNostrand Senior Consultant, Luminosity, Inc. Postmaster: Please send address changes to St. Petersburg, Florida the editor at the address above. June 2016 1 THIS ISSUE IN BRIEF The Supervision of Low-risk Offenders: How the Low-risk Policy Has Changed Federal Supervision Practices without Compromising Community Safety 3 The authors present a preliminary analysis of the federal probation system’s recently adopted evidence-based supervision policy for low- risk offenders, asking 1) Have the number of officer/offender interactions changed after implementation of the low-risk policy, 2) What are the recidivism patterns of low-risk offenders supervised by officers before and after the low-risk policy went into effect, and 3) Has the collection of imposed fines and restitution changed following adoption of the low-risk policy? By Thomas H. Cohen, David Cook, Christopher T. Lowenkamp Examining Overrides of Risk Classifications for Offenders on Federal Supervision 12 The federal probation system’s Post Conviction Risk Assessment instrument (PCRA) has been empirically shown to effectively predict the likelihood that an offender will recidivate during his or her supervision period. Judicial policy allows officers the option to override the PCRA’s risk classification of an offender for certain policy-related reasons (sex offender, persistently violent, mental health issues, or serious youthful offender) or as “discretionary overrides.” In this article the authors first examine the overall prevalence of overrides for offenders under federal supervision, the types of overrides, and the rationales. They then explore whether offenders with overrides are supervised differently compared to those without and whether they recidivate at rates similar to their original or reclassified risk levels. By Thomas H. Cohen, Bailey Pendergast, Scott W. VanBenschoten Trademarks, Press Releases, and Policy: Will Rigorous Research Get in the Way? 22 It is no secret that reports regarding new practices or concepts can be broadly branded, trademarked, marketed, and distributed when the information has not been subjected to replication and peer review. What are the implications when policies and practices are adopted and substantial funding is allocated without an adequate level of empirical support? By Kristin Bechtel, Anthony W. Flores, Alexander M. Holsinger, Christopher T. Lowenkamp A Case Study of the Implementation of Staff Training Aimed at Reducing Rearrest (STARR) 30 Research on evidence-based correctional practices notes the critical importance of program implementation in assessing program effectiveness. In this article, the authors describe the implementation of a training program to improve officer-offender interactions in the federal probation system. They use several sources of information to assess implementation strategies and the success of those efforts within a single federal district. By Tammatha A. Clodfelter, Jefferson E. Holcomb, Melissa A. Alexander, Catherine D. Marcum, Tara N. Richards Street-level Discretion and Organizational Effectiveness in Probation Services 39 The authors provide an overview of street-level discretion among probation officers (and in probation departments more generally) and discuss how discretion supports the attainment of goals at the organizational level. They also examine the limitations of the street-level bureaucrat approach and conclude with recommendations for how future practices and scholarship may overcome these limitations. By Alese Wooditch, Lauren Duhaime, Kimberly Meyer Extralegal Factors and the Imposition of Lifetime Supervised Release for Child Pornography Offenders 45 For child pornography offenders, the supervised release term is particularly important because of the statutory override found in 18 U.S.C. 3583(k) enhancing the length of the term from a maximum of five years to a minimum of five years to life and providing for the revocation of supervised release resulting in the incarceration of the defendant for the remainder of the period. The author examines the effects of legal and extralegal factors on supervised release outcomes, specifically lifetime supervised release for child pornography offenders. By Niquita M. Vinyard 2 FEDERAL PROBATION Volume 80 Number 1 Trends in the Criminality and Victimization of the Elderly 58 Among the relatively reliable variables predictive of amount and types of crime is age: The proportion of violent crimes will decline as the ages of the offenders increases. On the other hand, the proportion of the elderly who are victimized by crime, particularly theft, financial fraud, and physical abuse, exceeds that of other age groups. The authors focus on changes in the amount and types of crime committed by the elderly and also on the various methods used to victimize the elderly. By Peter C. Kratcoski, Maximilian Edelbacher D E P A R T M E N T S Juvenile Focus 64 Contributors to This Issue 71 The articles and reviews that appear in Federal Probation express the points of view of the persons who wrote them and not necessarily the points of view of the agencies and organizations with which these persons are affiliated. Moreover, Federal Probation’s publication of the articles and reviews is not to be taken as an endorsement of the material by the editors, the Administrative Office of the U.S. Courts, or the Federal Probation and Pretrial Services System. June 2016 3 The Supervision of Low-Risk Federal Offenders: How the Low-risk Policy Has Changed Federal Supervision Practices without Compromising Community Safety Thomas H. Cohen David Cook Christopher T. Lowenkamp Probation and Pretrial Services Office Administrative Office of the U.S. Courts SINCE THE EARLY 2000s, the federal low-risk offenders being influenced by their the number of officer/offender interactions probation and pretrial services system higher-risk counterparts. In addition, placing changed after implementation of the low-risk has adopted an approach that emphasizes low-risk offenders into intensive monitor- policy? (2) What are the recidivism patterns using evidence-based practices to reduce ing regimes could potentially disrupt their of low-risk offenders supervised by officers the risk and recurrence
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