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Home , Corrections, Crime, Victimology

T O EN F J TM U R ST U.S. Department of A I P C E E D

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O J C S F A V Office of Justice Programs M F O I N A C I J S R E BJ G O OJJ DP O F PR Office for Victims of JUSTICE

Promising Practices and Strategies for Victim Services in

Office for Victims of Crime

Advocating for the Fair Treatment of Crime Victims NCJ 166605 U.S. Department of Justice Office of Justice Programs 810 Seventh Street NW. Washington, DC 20531

Janet Reno Attorney General

Raymond C. Fisher Associate Attorney General

Laurie Robinson Assistant Attorney General

Noël Brennan Deputy Assistant Attorney General

Kathryn M. Turman Acting Director, Office for Victims of Crime

Office of Justice Programs Home Page http://www.ojp.usdoj.gov

Office for Victims of Crime World Wide Web Home Page http://www.ojp.usdoj.gov/ovc

For grant and funding information contact U.S. Department of Justice Response Center 1–800–421–6770

OVC Resource Center 1–800–627–6872 OVC Resource Center Home Page http://www.ncjrs.org

This document was prepared by the National Center for Victims of Crime under grant number 96–VF–GO–K003, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this document are those of the authors and do not nec- essarily represent the official position or policies of the U.S. Department of Justice.

The Office for Victims of Crime is a component of the Office of Justice Programs, which also includes the Bureau of Justice Assistance,the Bureau of Justice ,the National Institute of Justice, and the Office of Juvenile Justice and Delinquency Prevention. T O EN F J TM U R ST U.S. Department of Justice A I P C E E D

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O J C S F A V Office of Justice Programs M F O I N A C I J S R E BJ G O OJJ DP O F PR Office for Victims of Crime JUSTICE

Promising Practices and Strategies for Victim Services in Corrections

Office for Victims of Crime

Advocating for the Fair Treatment of Crime Victims

July 1999 NCJ 166605 Message from the Director

Message from the Director

When the Office for Victims of Crime stepped forward in 1990 to take the issues of crime victims into the correctional arena, it did so amid an atmosphere of misunder- standing and suspicion. Sometimes the mere mention of victims to corrections officials and of corrections to victim advocates was enough to provoke an anxious or angry response. Breaking down these barriers would require nothing less than the changing of attitudes and correctional practices across America. In 1987, following the savage of Lisa Bianco, committed by her ex- upon his release from on a furlough, an American Correctional Association (ACA) task force issued a set of recommendations for responding to victims. The murder had sounded an alarm to corrections officials across the country, proving that the actions of corrections agencies—in this case, failure to notify the victim in spite of the murderer’s violent history and continued threats—can be matters of life and death. The ACA Task Force on Victims of Crime represented the first major step taken by the corrections field to address the needs of victims and launched a full-fledged campaign to implement corrections-based victim services. We have been extraordinarily successful. The success has come, however, because correctional practitioners themselves have realized how important and rewarding it is to serve crime victims. They have taken the initiative to make victim services an integral part of their agencies’ missions. All the major professional correctional associations now have active victim communities, and serving victims is recognized as a professional role in the corrections field. Promising Practices and Strategies for Victim Services in Corrections, developed by the National Center for Victims of Crime in cooperation with national correctional associations, highlights the efforts of corrections agencies to reach out to crime victims. It provides a comprehensive overview of correctional practices responding to victims and offers a wealth of ideas on establishing and enhancing corrections-based victim services. I hope that those agencies and individuals involved in the postsentencing phases of cases will find this compendium a valuable resource in improving their efforts to aid crime victims.

Kathryn M.Turman Acting Director

iii Acknowledgments

Acknowledgments

This compendium of corrections-based Ellen Halbert programs and services for victims was Texas Board of developed as part of the Promising Karin Ho Practices and Strategies for Victim Services Ohio Department of Rehabilitation in Corrections project, sponsored by the and Correction National Center for Victims of Crime et al. with support from the Office for Victims Susan Laurence of Crime. The project has benefited from Project Monitor the significant contributions of practi- Office for Victims of Crime tioners and researchers in institutional and U.S. Department of Justice community corrections and victim services nationwide. Mark Lazarus Florida Department of Corrections This overview compendium of promising practices and strategies was developed by Brett MacGargle Project Manager Anne Seymour with South Carolina Department of significant contributions and editing Juvenile Justice support from the following professionals: Sandi Menefee Mary Achilles California Department of Corrections Pennsylvania Board of & Cranston Mitchell Missouri Board of Probation & Diane Alexander Bill Stutz National Center for Victims of Crime Washington Department of Kay Crockett Corrections Missouri Department of Corrections In addition, OVC is grateful to the Sharon English National Center for Victims of Crime and California Authority to the many correctional agencies who provided summaries and samples of their Trudy Gregorie promising practices and strategies for Project Director victim services in corrections that are National Center for Victims of Crime incorporated throughout this text.

v Contents

Contents

Foreword ...... ix Summary...... xi Introduction ...... 1 Agency Mission Statements ...... 5 Program Planning ...... 6 Developing Policies and Procedures...... 8 Establishing a Victim Services Advisory Committee ...... 9 Program Staffing ...... 10 Public Awareness ...... 12 Networking ...... 16 Victim Notification...... 17 Victim Impact Statements ...... 18 The Importance of ...... 20 Restitution Procedures ...... 21 Helping Victims Document Their Losses ...... 22 Assessing the Offender’s Ability to Pay...... 24 Alternative Methods of Restitution Collection...... 24 Victim Protection...... 25 Handling Complaints from Victims and Witnesses...... 26 Parole Processes ...... 26 Staff-Related Issues ...... 27 Responding to Workplace in Correctional Settings...... 29 Monitoring ...... 32 Program Evaluation...... 32 Client Needs Assessment ...... 36 Technology to Enhance Corrections-Based Victim Services ...... 37 Fundraising for Victim Services ...... 42 ...... 44 Victim/Offender Programs ...... 47 Conclusion...... 49

vii Appendixes

Appendixes

Appendix A Position Statement on Crime Victims’ Issues (Texas Corrections Association)...... 53 Appendix B Strategic Planning Form (U.S. Bureau of ) ...... 57 Appendix C Victim Services Program Policies and Procedures (California Department of Corrections)...... 61 Appendix D Victim Services Advisory Committee Policy Statement (Pennsylvania Department of Corrections)...... 91 Executive for Council on Victims Justice (Ohio Department of Rehabilitation and Correction) ...... 95 Appendix E State Director’s Announcement of New VOCA-Funded Victim Services Unit (Illinois Department of Corrections) ...... 99 Appendix F Duty Statement for Victim Services Representatives (California Department of Corrections)...... 103 Job Description for Supervision Clerk (), Community Supervision and Corrections Department (Tarrant County, Texas) ...... 105 Appendix G Telephone Rolodex Card (Ohio Department of Rehabilitation and Correction) ...... 111 Appendix H National Toll-Free Information and Referral Telephone Numbers on Victims’ , Services, and Criminal Justice Resources (Victims’ Assistance Legal Organization)...... 115 Appendix I Sample Victim Impact Statements (National Center for Victims of Crime) ...... 119 Appendix J Sample Financial Worksheet for Victims’ Losses (National Center for Victims of Crime) ...... 125 Appendix K Proposed Federal Constitutional Amendment for Victims’ Rights (Senate Joint Resolution 6) ...... 129 Appendix L Two Examples of Victim Assessment Surveys (Delaware County Juvenile Victim Services Unit, Pennsylvania)...... 133 (Marion County District Attorney’s Victim Assistance Program, Oregon) ...... 137 Appendix M Compendium of Helpful Online Services ...... 143 Appendix N Policy on Charitable Fundraising Campaigns (California Department of Corrections)...... 153 Appendix O Calendar of Victim-Related Annual Commemorations (National Center for Victims of Crime) ...... 157

viii VICTIM SERVICES IN CORRECTIONS Foreword

Foreword

The Promising Practices and Strategies for programs are highlighted as models Victim Services in Corrections project, worthy to consider for replication in local, sponsored by the National Center for State, and Federal . Victims of Crime et al., with support from This compendium is designed to provide the U.S. Department of Justice, Office for the reader with a high level overview Victims of Crime, contains three texts that of the most essential components of are designed to help adult and juvenile corrections-based victim services. It is correctional agencies develop and important to note that every topic enhance services for victims of crime: highlighted in this compendium is • “Victim Services in Corrections.” expanded upon in the three curricula noted above. • “Responding to Workplace Violence and Staff Victimization.” It is the hope of the Promising Practices and Strategies for Victim Services in • The “Victim Impact Classes/Panels Corrections project team to offer innova- for Offenders” program curriculum tive ideas and practical applications to for teachers and offenders/students. agencies and professionals who seek to Within each of these curricula are exten- initiate or improve corrections-based sive strategies for program planning and victim services. This compendium provides development, victim and public outreach, a foundation that, when combined with and awareness, and information the full project curricula, can help improve related to the creation of policies, the treatment of crime victims in the procedures, and protocols that provide postsentencing phases of their cases and the foundation for corrections-based encourage interagency collaboration to victim services. In addition, numerous improve victims’ rights and services.

ix Executive Summary

Executive Summary

When convicted offenders are sentenced • Educating offenders about the impact to a term of , the State of crime on victims (California Youth Department of Corrections or Federal Authority, Office of Prevention and Bureau of Prisons assumes responsibility Victims Services). for their supervision. The State Depart- In addition to the above mentioned goals, ment of Corrections (or Federal Bureau of corrections departments are becoming Prisons) houses offenders for their period aware of the impact of workplace violence of incarceration; implements and monitors on their employees. Due solely to the work; makes educational and treatment nature of correctional , the risk activities available to inmates; and coordi- of being victimized on-the-job is greater nates any release into the community for correctional professionals than for most with paroling authorities. Historically, the other jobs. Also, unlike most victims who majority of adult and juvenile corrections have the option of completely removing agencies’ primary goals were to strive to themselves from “the scene of the crime,” do the following: (i.e., leaving their communities, getting a • Preserve “public safety.” new job, changing identities, etc.), in corrections, victimized staff are, in many • Reduce the risk of repeat criminal cases, expected to “return to the scene behavior through incarceration and of the crime”—often very soon after the community supervision. incident occurs. The stress that develops • Effect offender behavioral change. from the job and from victimization frequently is magnified when correctional Gradually, the criminal justice system has agencies fail to adopt strong policies and become more aware of the need to inte- procedures that promote worker safety grate victim services as part of its respon- and victim assistance when an employee sibilities. Not only should corrections is victimized on- or off-the-job. protect the public safety and welfare but also provide assistance to victims which Thus, the criminal justice system, including includes the following goals: corrections, has come to recognize the need to be more responsive to victims’ • Being an advocate for the victim. needs, including those within the correc- • Providing direct services to victims tional setting. The Promising Practices (i.e., restitution collection, victim/ and Strategies for Victim Services in Corrections offender meetings, victim notification project contains three texts that are of offender parole hearing, etc.). designed to help adult and juvenile correctional agencies develop and • Protecting victims from enhance services for victims of crime: or by offenders. • “Victim Services in Corrections.” • Training staff regarding sensitivity to victims’ issues. • “Responding to Workplace Violence and Staff Victimization.” • Holding the offender accountable for his/her behavior. • The “Victim Impact Classes/Panels for Offenders” program curriculum for teachers and offenders/students.

xi Executive Summary

Within each of these curricula are exten- improve the treatment of crime victims in sive strategies for program planning and the postsentencing phases of their cases, development, victim and public outreach, encourage interagency collaboration to education and awareness, and information improve victims’ rights and services, and related to the creation of policies, proce- develop policies that respond more fully dures, and protocols that provide the to workplace violence in the correctional foundation for corrections-based victim setting. services. In addition, numerous programs This compendium of corrections-based are highlighted as models worthy to programs and services for victims was consider for replication in local, State, developed as part of the and Federal jurisdictions. Promising Practices and Strategies for Victim Services in Corrections The purpose of this project is to offer project, sponsored by the National Center innovative ideas and practical applications for Victims of Crime with support from to agencies and professionals who seek the Office for Victims of Crime. The to initiate or improve corrections-based project has benefitted from the signifi- victim services. This compendium pro- cant contributions of practitioners and vides a foundation that, when combined researchers in institutional and community with the full project curricula, can help corrections and victim services nationwide.

xii VICTIM SERVICES IN CORRECTIONS Introduction

Introduction

The discipline of corrections-based victim • 1991: A national survey of adult and services is a relatively new phenomenon juvenile correctional agencies and in the . Historically, crime paroling authorities identified the victims and their allies focused on the scope of corrections-based victim “front end” of the criminal justice system: services. enforcement, prosecution, the • 1991: The American Probation and , and courts. It wasn’t until the Parole Association (APPA) and late 1980’s that the postsentencing phases Association of Paroling Authorities of victims’ cases were addressed in a International (APAI) established systematic manner. Victim Issues Committees. Professionals and volunteers in the correc- • 1991–1994: Eight States and the tions community, with support from received intensive training national victim advocates, provided the on corrections-based victim services leadership to initiate and enhance victim with technical assistance for program services in adult and juvenile institutional implementation provided to an corrections and parole. A number of additional 15 States. landmark activities comprises the rich history of corrections-based victim services: • 1995: The ACA Victim Committee issued the landmark Report and • 1986: The American Correctional Recommendations on Victims of Association (ACA) published a broad Juvenile Offenders. policy statement that said victims should be treated with dignity and • 1995: The Promising Practices and respect by correctional agencies and Strategies for Victim Services in should be notified of the status of Corrections project was sponsored their offenders. by OVC and expanded to include victim services in jails. • 1987: The ACA appointed a Victims Task Force that developed 15 recom- • 1996: A national survey of mendations relevant to implementing jails provided data on the scope of corrections-based victim services. jail-based victim services. • 1989: The Director of the Office for • 1996: The National Survey of Adult Victims of Crime (OVC) within the and Juvenile Correctional Agencies U.S. Department of Justice testified and Paroling Authorities, originally before the ACA Task Force and conducted in 1990, was updated and announced support for a national offered data on trends in the imple- Crime Victims and Corrections mentation of corrections-based victim training and technical assistance services over a 5-year period. project. • 1996: The Association of State • 1990: The first national conference Correctional Administrators (ASCA) to address corrections-based victim established a Victims Committee. services, sponsored by OVC and a project team spearheaded by the • 1996: The ACA established an ad National Center for Victims of Crime, hoc Restorative Justice Committee was held in Sacramento, California that included victim advocates and with 150 participants from 40 States. corrections professionals.

1 Introduction

• 1996: The National Institute of • The need for increased accountability Corrections (NIC) conducted a public from juvenile offenders, as well as the hearing with testimony offered by juvenile justice system, has expanded national and State victim advocates victims’ rights and services in this relevant to corrections-based victim arena. services. • More correctional agencies are incor- • 1997: OVC sponsored a training-for- porating the principles of restorative trainers project spearheaded by the justice into their missions, policies National Center for Victims of Crime and programs—values that include on Responding to Workplace Violence crime victims, offenders, and the in Correctional Settings. community. • 1997: The U.S. Department of Justice, Corrections Office, OVC, and NIC as Core Elements in Corrections- well as ASCA and the Promising Based Victim Services Practices project cosponsors produced films that articulate the In 1997, the ASCA Victims Committee, vision of State corrections directors with support from the Promising Practices on the importance of and need for and Strategies project, developed 10 core victim services. elements that should form the foundation of a corrections-based victim services A number of factors have affected the program. Guidelines for implementing significant increase in corrections-based these core elements are incorporated victim services, including the following: throughout this handbook. • Strong leadership from ACA, ASCA, The ASCA Victims Committee 10 core APPA, and APAI, with support from elements recommend that correctional OVC, NIC, the Corrections Office, agencies do the following: and the National Center for Victims of Crime, has provided impetus for 1. Incorporate victims’ rights and needs initiating and improving victim into the overall agency mission state- services in corrections. ment and develop a mission/vision statement specifically for victim • More correctional agencies today services. perceive victims as “clients” of their agencies who deserve rights and 2. Designate a full-time staff person to services (see the Texas Corrections plan and implement a comprehensive Association Position Statement on victim services program and designate Crime Victims’ Issues, Appendix A). victim service representatives at institu- tions and regional offices to augment • Federal and State increasingly the agency’s centralized victim services. expand the scope of victims’ rights in the postsentencing phases of their 3. Provide core services to victims of cases. crime that include notification of offender status; protection from intimi- • As of November 1996, 29 States have dation, harassment, and harm; victim adopted constitutional amendments input into parole proceedings; victim that, in most jurisdictions, mandate restitution; and information and victim notification, impact statements, referral to supportive services in the protection, and restitution throughout community. correctional processes.

2 VICTIM SERVICES IN CORRECTIONS Introduction

4. Create a Victim Advisory Council 8. Develop and implement policies, proce- (comprised of victims and practitioners dures, and protocols on how to respond from corrections, victim services, and to incidents when correctional staff are allied professions) to guide program victimized on- or off-the-job. implementation. 9. Implement the “Victim Impact Classes/ 5. Establish written policies and proce- Panels for Offenders” program to help dures for victims’ rights and services. offenders understand the impact their have on their victims, communi- 6. Develop a public information plan and ties, and , utilizing the curricula outreach program that describes the and related resources available from services and assistance provided to the California Youth Authority. victims by the agency, including an informational brochure and training 10. Designate an agency representative to curriculum for victim service and allied participate in local, State and regional justice professionals. victim services coalitions and serve as the agency’s liaison to the victim 7. Develop and utilize a training services community. curriculum for orientation and contin- uing education for all agency staff on victims’ rights and needs, agency services and related policies, legisla- tive mandates, and national/State/ community-based services for informa- tion and referral.

3 Agency Mission Statements

Agency Mission Statements

The majority of adult and juvenile correc- The Board’s mission is to work in tions agencies and paroling authorities partnership with the Department of have mission or philosophy statements Corrections and local supervisory that address their overall goals. Yet authorities to protect the public and according to data derived from the 1996 reduce the risk of repeat criminal National Victim Services Survey of Adult behavior through incarceration and and Juvenile Corrections and Paroling community supervision decisions Authorities (conducted by the National based on applicable laws, victims’ Center for Victims of Crime as part of the interests, public safety and recognized Promising Practices and Strategies for principles of offender behavioral Victim Services in Corrections project), only change. 40 percent of adult corrections, 51 percent Following a comprehensive victim services of juvenile corrections, and 66 percent of training program on victims’ rights and paroling authorities include any reference services, the District of Columbia Board of to crime victims or victim services in these Parole developed a mission statement that statements. addresses victims, offenders, and the The inclusion of victims’ rights and needs community: is important for three : The mission of the District of Columbia 1. The overall concept of “public safety,” Board of Parole, a quasi-judicial for which corrections agencies strive, criminal justice agency, is to protect will not be a reality unless “victim the public safety and welfare, to safety” is considered. provide for the rights of victims of crimes of violence, to promote the 2. The inclusion of victims’ rights and rehabilitation and community adjust- needs sends a strong message that ment of offenders, to protect parolees’ victims are considered “clients” of the individual rights, to enhance juvenile agency who deserve services and justice services, and to promote a support. safer community for the citizens and visitors in the District of Columbia. 3. A balance in philosophy can be The Board accomplishes its mission by achieved that recognizes correctional determining if and when to grant or agencies can be “victim-centered” revoke parole, establishing the terms while they are “offender-directed.” and conditions of parole, supervising parolees in the community with a There are two approaches commonly special focus on young adult utilized for mission/philosophy statements: offenders, and administering the Juvenile Justice and Delinquency Act Overall Agency Mission Program. Statements Other agencies, such as the Maine Department of Corrections, have “guiding Some correctional agencies have broad principles” that support its broad mission mission statements that cite victims. The statement. Of Maine’s six guiding principles— Oregon Board of Parole’s mission state- risk management, risk-focused intervention, ment is as follows:

5 Agency Mission Statements

prevention, restorative justice, applied “The Youth Authority and staff are research, and quality services—two specif- aware of and sensitive to the plight of ically address victims: victims of crime, and will provide assistance to them by: • “Prevention is our moral and profes- sional obligation. We will promote, 1. Being an advocate for the victim, support and facilitate prevention activ- i.e., legislation, representation. ities by working with families and 2. Providing direct services to victims, communities to address these factors i.e., restitution collection, victim/ which put children at risk, and to offender meetings, notification, etc. protect children from those risks.” 3. Training staff regarding sensitivity • “Restorative justice challenges us to to victims’ issues. design and administer a system that places the needs of the victims and 4. Holding the offender accountable the harm done by the offending for his/her behavior. behavior at the center of the process by which we sanction and hold the 5. Educating offenders about the offender accountable.” impact of crime on victims.” Similarly, the Pennsylvania Board of Probation Victim Service Program and Parole has a mission statement for its Mission Statements Office of the Victim Advocate, which “is dedicated to representing, protecting and advancing the individual and collective rights Written statements that specifically guide and interests of crime victims.” the protocols, policies and services of corrections-based victim service programs Victim service program mission statements, provide a strong foundation for program as evidenced above, can contain the development and implementation. For program’s basic philosophy as well as example, the California Youth Authority, program goals and specific initiatives that Office of Prevention and Victims Services are relevant to both victims in terms of adopted the following mission statement: rights and services and to offenders in terms of accountability.

Program Planning

The following text boxes identify the five Five Purposes of Program Planning: purposes of program planning and five barriers to effective planning. 1. Identify target (s) and problem(s). 2. Specify nature of program services. Five Barriers to Effective Program Planning: 3. Describe program goals and objectives. 1. The agency’s general climate. 4. Define action steps to achieve goals. 2. Insufficient information. 5. Give a step-by-step “blueprint” 3. Lack of time. of service provision. 4. External forces. Source: Guide to Enhancing Victim Services Within 5. Inadequate funding. Probation and Parole published by the American Probation and Parole Association in 1991.

6 VICTIM SERVICES IN CORRECTIONS Program Planning

Any agency seeking to initiate or enhance a 1. Develop short- (1 year) and long-range victim services program must first ask the (2–5 years) plans for the victim question: “Who will this program affect?” It is services program (which will incorpo- a good idea to establish a planning committee rate the objectives that follow). that involves the key stakeholders in the 2. Draft policies and procedures. program who fall into two categories: internal and external. Potential internal planning 3. Plan and implement a victim task committee members could be as follows: force. • Representative of the director. 4. Identify program staff and responsibilities. • Public information officer. 5. Develop a plan for public awareness and victim outreach. • Therapeutic staff. 6. Develop a plan for networking with • Program staff. allied professionals at the local, State • Staff training officers. and national levels. • Line staff. 7. Develop a plan and schedule for internal training. • Institutional superintendents. 8. Identify benchmarks for program • Victim service coordinator. evaluation. Potential external members of the Guidelines for fulfilling these and other committee could be as follows: related objectives that the planning • Crime victims. committee may develop are incorporated throughout this handbook. • Victim service providers. • Allied criminal justice officials such The Planning Process as , , public defenders, courts, and other Once the planning committee has been correctional agencies. established and planning issues have been identified, the planning process can begin. • Allied community-based profes- A facilitated session with committee sionals, such as mental health, social members can help identify the priority in services, medical professionals, which planning issues can be addressed. clergy members, schools, higher education, academia, etc. Planning time lines can vary, depending on the agency’s overall strategic planning The planning committee should be initiatives, as well as any deadlines related manageable in terms of size (10–12 to pending issues. Time lines can be as members), and should be diverse by follows: gender, , and area of expertise. • Short-term (usually 90 days in Planning Committee duration). Responsibilities • Annual (a plan for 1 year).

Depending upon the scope of the victim • Long-term (usually 3–5 years, and services program that an agency wants to coinciding with the overall strategic create, there are eight objectives that are planning initiatives of the agency). listed below in order of importance to program development: 7 Program Planning

Strategic plans should clearly specify a • Resources needed to accomplish variety of information and resources each task. related to the plan’s implementation, • General budget for each task. including the following: • The date each task is due. • Overall activity that describes the general scope. • Status (that determines progress in completing each goal/objective/task). • Goal of this activity. Strategic planning forms can be automated • Objectives to be taken to accomplish to include “reminder notices” when this goal. deadlines are approaching. • Tasks (numbered in order) to be A Strategic Planning Form developed for accomplished in conjunction with victim service programming implementation each objective. for the U.S. Bureau of Prisons, based upon a • Staff responsible for implementation restorative justice model that delineates of each task (this can include more categories of inmates, staff, and victims/ than one staff, department, or even community, is included in Appendix B. agency).

Developing Policies and Procedures

Policies and/or procedures must be written • Program principles or values based to guide program development and to upon the premises of restorative clearly identify roles and responsibilities justice. for program implementation. Services and Written agency policies and procedures issues that require written policies and for the victim service program should procedures include the following: include the following types of information: • Victim notification. • Authority (either by legislative • Victim input at parole hearings. mandate, correctional agency policy, or both). • Victim restitution. • Purpose statement. • Responsibilities of internal or external program advisory committees. • Applicability (to victims, offenders, staff, members of the public, or • Responding to incidents of workplace combinations of the preceding). violence in correctional settings. • Definitions (of persons, offices, and • Victim/offender programs, such as programs involved). “Impact of Crime on Victims” classes, victim impact panels, mediation, etc. • Person(s) and/or unit(s) responsible for implementation of policy and/or • Protecting victims from intimidation, procedure. harassment, and/or harm. • Policy that states goals and • How to handle complaints from objectives. victims.

8 VICTIM SERVICES IN CORRECTIONS Establishing a Victim Services Advisory Committee

• Procedures that clearly delineate how bulletins should be issued that explain program objectives will be achieved new or revised victim-related policies in (i.e., the “who, what, when, where, detail; in addition, victim service program how and why”). policies and procedures should be incor- porated into staff orientation and contin- • Funding (if applicable). uing education training. • Any provisions for suspension of While program policies should be developed policy or procedures (usually in and approved in accordance with established cases of emergency). agency procedures, examples of victim Victim service program-related policies service program policies and procedures should be reviewed and updated (as from the California Department of needed) on an annual basis. Departmental Corrections are included in Appendix C.

Establishing a Victim Services Advisory Committee

The importance of creating a program • Proposing and supporting legislation Advisory Committee was stressed by a to enhance and enforce victims’ rights. recently-appointed parole-based victim Committee members should be appointed service coordinator, who said: “If correc- by the agency director. The structure of tions agencies do only one in devel- the Advisory Committee should incorpo- oping their victim service programs, it rate the following issues: should be to sponsor a Victim Services Advisory Committee.” • Committee size (with a maximum identified). An Advisory Committee can serve a variety of purposes: • Designated membership slots (i.e., specific justice or victim service • Making recommendations for program agencies/coalitions represented; development and implementation to diversity by culture, gender, and the Department. geography; victim representation, etc.). • Contributing to expanded victim • Committee responsibilities. outreach efforts. • Term of office (rotating appoint- • Coordinating victim services with ments help maintain continuity in allied criminal justice, state-level and membership). community-based agencies, and serving as liaisons to these professions. • Responsibilities. • Enhancing public education about • Frequency and location of meetings victims’ rights and services in corrections. (i.e., two to four times a year). • Developing curricula for inservice • Reimbursement (usually for expenses training, educational efforts directed only). toward victim service providers, and cross-training programs with allied A sample policy statement developed by the justice and victim service professionals. Pennsylvania Department of Corrections for its Victim Services Advisory Committee is

9 Establishing a Victim Services Advisory Committee

included in Appendix D. In Ohio, the for the development of the partnership Council on Victims Justice was established by between crime victims and corrections that Executive Order, included in Appendix D. we all want to happen. It is rare to see crime victims’ groups complain about the Victim advocate Ellen Halbert describes agency any more; they are educated and the Texas Department of Criminal Justice they are listened to.” Victim Advisory Board as the “springboard

Program Staffing

When corrections-based victim service for these purposes with the VOCA programs were first established in the 1980’s, Administrator in each State (a roster of many agencies utilized existing staff to State VOCA Administrators is included in conduct program operations. This approach the “Resources” section of the Promising was usually necessitated by considerable Practices and Strategies for Victim Services restrictions on agency budget and personnel. in Corrections notebook). Corrections However, as the specialized discipline of officials interested in pursuing this possi- corrections-based victim services has evolved, bility should contact their State’s VOCA most agencies have designated staff with Administrator directly. (See Appendix E for agency line item budgets. the Illinois Department of Corrections Director’s announcement article for a VOCA- When State pass new laws that funded victim services program recently mandate important victims’ rights and begun within his department.) services for which correctional agencies have responsibilities (such as notification, restitu- tion, victim involvement at parole, and Victim Services Representatives victim protection), efforts should be made to secure designated funding for staff positions. Currently, most corrections-based victim Support for such funding should be sought services programs have one centralized from crime victims, service providers and unit with core staff located at the agency’s statewide victim service coalitions—all of main office. However, more and more whom stand to benefit from the implementa- agencies are developing an internal tion of victim services in corrections. network of employees at each work site— either institutions, parole, or probation Another possibility for funding corrections- offices—to provide victims with services, based victim services is the Victims of information, and referrals. For example, Crime Act (VOCA) fund, which supports the Ohio Department of Rehabilitation and victim compensation and victim services at Correction has designated a victim services the Federal level, and in all 50 States and representative at each institution and the District of Columbia. VOCA monies are community corrections division office. derived from fines and assessments on persons convicted of Federal crimes. Since A percentage of these employees’ time is “victim notification,” “case disposition infor- designated by the site administrator for mation,” and “post- advocacy for victim assistance purposes. Group training victims” are all victim services eligible for programs, held once or twice a year or VOCA funding, some State VOCA programs even quarterly, keep victim services repre- fund direct services in adult and juvenile sentatives up-to-date on policies and corrections agencies and paroling authori- procedures (which they can help revise, as ties. The decision to provide VOCA funding needed, based upon their experiences),

10 VICTIM SERVICES IN CORRECTIONS Program Staffing trends in both victimization and victim • Sending letters to victims requesting services, and victims’ most salient needs. notification. The use of victim services representatives • Processing victim information into the serves a number of valuable purposes computerized notification database. such as— • Providing information and referrals • Providing direct assistance to victims to victims in person, in writing, or by at their local work location. telephone. • Serving as the site liaison to the • Helping to develop and disseminate central victim services unit. information about victim services in corrections to crime victims, service • Participating in local victim service coali- providers, and concerned citizens. tions and commemorative activities. • Other duties deemed appropriate by • Providing training about the agency’s correctional staff. victim services to local service providers and allied criminal justice A promising practice initiated in 1997 by professionals. the Missouri Department of Corrections involves a partnership with the Missouri • Organizing victim/offender programs Organization for Victim Assistance. A on site. network of volunteer advocates will be • “Trouble-shooting” to make sure that established and trained to accompany victims’ needs, which are often victims to parole hearings. diverse by their location and access Many colleges and universities offer paid to support and services, are met by and nonpaid internship programs in a the department. variety of disciplines for their students, A duty statement for the California Depart- including criminal justice, corrections, social ment of Corrections victim services repre- work, and communications. The sentatives is included in Appendix F, as Chairpersons of these departments should well as a job description for the Tarrant be contacted for information about intern- County (Texas) Community Supervision ship programs, that provide additional staff and Corrections Department position of for the victim services program while, at the supervision clerk (courts), who reports to same time, offer students a valuable the victim services coordinator. learning experience that will benefit them as they enter the professional job market Use of Interns and Volunteers upon graduation. The AmeriCorp Program, which provides Many agencies have recruited and obtained matching funds to public service agencies volunteers and interns to assist with the that hire college students, is another good many tasks associated with victim services. source of talented staff. Volunteers and interns, who should repre- Volunteers can be sought for both long- sent the cultural diversity of the victims term, institutionalized program efforts, as served by the agency, require intensive well as for specific events or activities supervision and on-going training to fulfill (such as victim impact panels or commem- their jobs in their respective agencies. orations of National Crime Victims’ Rights However, volunteers and interns can Week in April). The following are potential augment professional staff in a variety of sources for volunteers: capacities:

11 Program Staffing

• State victim service coalitions and/or with clear job descriptions that clarify local victim service programs. duties, responsibilities, and agency expec- tations and also meet the needs of the • United Way Voluntary Action Centers. volunteer employee. • County/Community Volunteer Centers. Volunteer programs must consider and be • Retired Senior Volunteer Program responsive to liability issues relevant to the (RSVP). use of volunteers and interns, especially when they have access to confidential Some local newspapers (especially victim information or have responsibilities weeklies) also provide free classified that expose them to inmates or offenders advertisements for volunteers. under community supervision. Corrections-based victim service programs should provide volunteers and interns

Public Awareness

One of the key elements of any corrections- Public awareness, with a focus on victim based victim services program is its public outreach and education, can be accom- awareness and victim outreach efforts. plished in the following ways. There are four good reasons to focus on this area: Direct Victim Outreach 1. Unless victims know that rights and services are available to them, they In many States, officials in the “front end” will not seek to access them. of the justice system provide pocket-size cards to victims that enumerate their rights 2. Many of the program’s efforts require including those in the postsentencing cross-disciplinary efforts with allied phases of their cases. These cards also justice professionals, as well as state- include contact information for State level and community-based victim and and/or local victim services, including toll- social service programs. free information numbers, and should list 3. The agency’s victim services can provide the telephone number for the corrections- positive influences on based victim services program. makers who make decisions that affect Some States have passed constitutional the direction and funding resources amendments that provide victims with available to correctional agencies. rights to be present, heard, and informed 4. Perhaps most importantly, the agency’s throughout the criminal justice system, program offers excellent public such as Arizona and Colorado. A multi- relations opportunities that will cast a copy, color-coded, pressure sensitive form positive light on correctional efforts, is utilized that allows victims or their that benefit crime victims and the lawful representatives to simply check the victim service community, and that rights they request or waive. These forms, promote public safety and offender available for victims of both adult and accountability at the same time. juvenile offenders, are then provided to the following individuals:

12 VICTIM SERVICES IN CORRECTIONS Public Awareness

• Victim or his/her lawful representative. • Description of the agency. • Law enforcement agencies. • Victims’ rights and services available from the agency, and how they are • Custodial agencies. accessed, e.g., victim notification • . enrollment requirements, upon request only, by completing certain • Victim/witness program. forms, etc. • Corrections-based victim services • How (or if) the agency interacts with program. allied justice agencies. • Court/diversion programs. • The most common questions victims This form provides consistency in both ask about rights and services. victims’ requests for enforcing or waiving • Confidentiality provisions (if applicable). their rights, and in the chain-of-accessibility of this vital information across agencies • Contact information (address, within the criminal or juvenile justice telephone number [toll-free, if appli- system continuum. A sample of the “victim cable], fax, e-mail address, and request for, or waiver of, rights” is included agency Web site address). in the “Victim and Community Notification” • Contact information for supporting section of the Promising Practices and victim services at the State and Strategies for Victim Services in Corrections community level, e.g., victim compen- notebook. sation, statewide coalitions, etc.

Toll-free Telephone Number • A list of national toll-free information and referral numbers for additional victim assistance. For many victims, a long distance telephone call poses a financial burden. As In addition, some States—such as Kansas, such, many correctional agencies have toll- Washington, Pennsylvania, and South free telephone numbers, often with Carolina—have a brochure panel automated answering systems available dedicated to victim notification requests 24 hours-a-day, 7 days-a-week that refer that is detachable and can be mailed to inquiries to the appropriate staff. This type the victim services program for enrollment of service is particularly beneficial to for this service. victims for whom location or cost might be barriers to accessing rights and services. Brochures should be developed in conjunction with the agency’s communica- tions or public information office and can Brochure be designed to have a “ look.” Sample brochures are featured in the Many victims, citizens, and even victim appendixes of the “Public Awareness and service providers don’t fully understand Victim Outreach” section of the Promising correctional systems—how they work and Practices and Strategies for Victim Services integrate with other justice agencies, the in Corrections notebook. differences between community and insti- tutional corrections, and the differences between probation and parole. All victim Telephone Rolodex Card services programs should have a brochure that provides the following information: A Rolodex card that includes contact infor- mation for the agency’s victim services program, including address, telephone 13 Public Awareness

number, and e-mail information, is an compendia of victims’ poetry and writings excellent outreach tool for crime victims, for widespread dissemination. These publi- service providers, and allied professionals. cations display a true commitment to the An example of the Rolodex card utilized agencies’ efforts to generate broader under- by the Ohio Department of Rehabilitation standing of victims’ feelings, needs, and and Correction is included in Appendix G. personal experiences. Many correctional agencies also publish Posters newsletters that focus specifically on victim-related issues. A sample copy of the A number of agencies, such as the parole Oklahoma Department of Corrections boards in the District of Columbia and Victim Services Unit’s monthly newsletter, Georgia, have designed posters that Trends for Victims, is included in the enumerate victims’ rights, how victims can “Public Awareness and Victim Outreach” access these rights and related services, section of the Promising Practices and and who to contact for additional informa- Strategies for Victim Services in Corrections tion. Such posters are excellent, cost- notebook. effective tools for both victim and public outreach and should be distributed to Educational Videotape victim service organizations, allied justice agencies, and sites where important public In 1991, the California Department of service information can be posted (such as Corrections Victim Services Program devel- community bulletin boards, libraries, oped an 11-minute videotape entitled student centers at universities, etc.). “Helping Crime Victims” which describes the agency, provides basic information about Public Service Announcements what happens to , and enumerates on available victims’ rights and services. Victim services programs can work in Produced through a partnership between the conjunction with the agency’s audio/visual agency’s Victim Services Program and services to develop 30- and 60-second Department of Communications, the video- public service announcements, in both tape is an excellent promising practice for audio and video formats, for statewide replication. All victim service representatives distribution to television and radio stations. utilize copies of the videotape for presenta- In Maine, an excellent video public service tions to victims, victim service agencies, and announcement that describes victims’ public forums. The videotape is also used rights and provides the Department of for in-staff training. Corrections’ toll-free telephone number for victim assistance was developed as a Criminal or Juvenile Justice volunteer project by students from Southern Maine Technical College. The System Videotape script was prepared by the Department and narrated by Jeff Merrill, Warden of the In South Carolina, the Victim Assistance Maine State Prison. Network utilized VOCA funds to produce an outstanding 30-minute film that depicts “a walk through the criminal justice Victim-Directed Publications system” for victims of crime. Beginning with law enforcement and culminating The Department of Corrections in Oklahoma with corrections and parole, the speakers and Ohio have published excellent on the videotape, who are actual justice

14 VICTIM SERVICES IN CORRECTIONS Public Awareness and victim service professionals, provide • Training conferences in many States simple, specific information about victims’ that focus on victims’ needs, rights, rights and services at their juncture in the and services throughout the justice criminal justice system. The continuum of system, including community and victim services is emphasized as crucial to institutional corrections. providing quality, comprehensive victim • Distribution of brochures, public assistance. service posters and buttons about victims’ rights and services. For Electronic Outreach example, in Ohio an inmate designed the artwork for the 1997 NCVRW As corrections “enters the Information Age,” button with the State slogan “Tying many agencies are establishing sites on the the Knot With Victim Services.” This World Wide Web that provide public infor- tradition continues from year to year mation about their mission, programs, and as inmates design button artwork services. Agency Web sites should include a hoping their design is chosen to page designated specifically to victim represent NCVRW. services, such as that sponsored by the Ohio Department of Rehabilitation and • In 1996, the California Youth Correction (www.drc.ohio.gov). In addition, Authority published a “newspaper” Web sites can offer electronic linkages to dedicated to victims’ issues and other Web sites dedicated to victim assis- concerns, which was distributed tance issues such as that sponsored by the statewide and even at national victim National Center for Victims of Crime service and correctional conferences. (www.nvc.org). • A tree-planting sponsored by the Another innovative application of Web sites Missouri Department of Corrections in hails from the Illinois Department of 1997 at 38 district offices and 19 Corrections. Crime victims who have prisons, with the ultimate goal being specific identifying information for their the creation of “ parks.” Trees incarcerated offenders can access informa- were donated by the State tion about that offender’s status and Conservation Department, and the location through the Department’s Web site. event was planned in collaboration with local victim service providers in each community. National Crime Victims’ Rights Week • Ceremonies that honor the memories of crime victims such as those sponsored over many years in Texas Since 1981, victims, advocates, and justice and California. professionals have sponsored public awareness activities nationwide to A National Crime Victims’ Rights Week commemorate National Crime Victims’ Resource Guide sponsored by the U.S. Rights Week (NCVRW), which is held Department of Justice, Office for Victims during April each year. In many States, of Crime, which is available free to correc- correctional agencies sponsor or tional agencies from the OVC Resource cosponsor special events and activities: Center by calling 800–627–6872, contains a variety of public education and victim • Inmate and staff fundraisers in California outreach resources in camera-ready format that raise hundreds of thousands of for simple replication and distribution. dollars for victim services programs.

15 Public Awareness

Organizational members of the National during National Crime Victims’ Rights Center for Victims of Crime receive an Week and throughout the year. annual National Crime Victims’ Rights Many States have planning committees to Week Strategies for Action Kit, which coordinate National Crime Victims’ Rights includes suggestions and guidelines for Week activities that would welcome public awareness activities and special involvement and input from correctional events along with a series of public agencies. service posters to promote victims’ rights

Networking

In the 1990s, the victim services discipline support to victims of crime and has focused many of its efforts on creating criminal justice resources (see comprehensive, multidisciplinary approaches Appendix H). to victims’ rights and related programs. This • The U.S. Department of Justice- focus seeks a seamless web of communica- sponsored resource centers that are tions among all entities that have responsi- accessible by telephone, in writing, bilities for the enforcement of victims’ rights or by electronic mail such as the and the provision of victim services, and Office for Victims of Crime Resource to ensure that victims don’t “fall Center and the National Criminal through the cracks” of a system that should Justice Reference Service. be designed to protect them. Corrections- based victim services are an integral compo- • The numerous Web sites and victim nent of these important networking efforts. chat rooms/discussion forums avail- able on the Internet that provide There are several useful “tools of the trade” information and peer support for to enhance multidisciplinary networking victims. (A roster of victim-related efforts, including the following: Web sites is included in the “Resources” section of the Promising Information and Referral Practices and Strategies for Victim Services in Corrections notebook.) With over 9,000 victim service organiza- tions nationwide, there are endless sources • Local, State, and national training of valuable information and victim support opportunities in which victims who available of which corrections-based victim contact corrections agencies might be service programs must be aware. Each interested in attending. program should be capable of making • State and local programs that seek referrals to the following: victims as volunteers. • Local, State, and national victim services programs and services, Cross-Training including victim compensation. Each corrections-based victim services • All local and State criminal justice program should develop training modules agencies. to inform and educate allied professionals, • The national toll-free information and including victim service providers, about its referral telephone numbers that programs and services. The same types of specifically provide assistance and information can be condensed or expanded

16 VICTIM SERVICES IN CORRECTIONS Victim Notification to fit training time requirements; 30-minute, at orientation and continuing education 60-minute and 120-minute modules are classes. Their curricula and related most appropriate. The use of audio/visual resources can be incorporated into materials, including brochures, sheets, standardized staff training manuals. videotapes, and overhead transparencies, enhance the quality of presentations. Interagency Agreements Similarly, correctional agencies should seek opportunities to train their employees Often, victims’ rights and services are not about victims’ rights and services in their properly implemented because different State available from both system- and agencies believe another entity has community-based agencies. Segments can responsibility for their delivery. The best focus on the following topics: way to overcome this obstacle, which often re-victimizes victims who need and • Victims’ rights and agency responsibil- expect their rights to be enforced and ities within law enforcement, courts, services to be provided, is to develop and other correctional agencies. interagency agreements that detail the • Victims’ rights and services that following issues: require a continuum of cross-agency • Authority of specific rights and services, collaboration, such as restitution i.e., by law, agency policy, etc. monitoring and ensuring that victim notification requests made to the • Who is responsible for implementa- prosecutor are forwarded to the tion, i.e., individual(s) and/or correctional agency and/or paroling agencies. authority. • Time frame for implementation. • Victims’ needs, rights, and services • The chronological order of relevant to specific victims, including implementation. victims of crime, child , sexual , family • Any rights or remedies a victim has violence, elder abuse, drunk driving, when his/her rights are not enforced, juvenile offenders, and survivors of or mandated services are not provided. . Interagency agreements fill gaps in service Guest speakers from allied agencies delivery, and provide a “safety net” for should be invited to present these topics victims who need assistance.

Victim Notification

At the very core of most corrections-based offenders. As of 1997, 23 States provide victim services programs are notification victims with the constitutional right to services that inform victims (and sometimes notification of an offender’s status in the witnesses) about the status of offenders postconviction release and/or release under the supervision of the agency. Three- proceeding—a public policy approach that fourths of adult correctional agencies, over is rapidly gaining widespread application. half of juvenile correctional agencies, and 8 While the “Victim and Community out of 10 paroling authorities have require- Notification” section of the Promising ments to notify at least some types of Practices and Strategies for Victim Services victims about changes in the status of their

17 Victim Notification

in Corrections notebook contains detailed 7. When does notification occur (e.g., information about initiating and enhancing how far in advance of an offender’s corrections-based victim notification movement?). programs, there are ten core elements for 8. Victim confidentiality of notification consideration in notification program requests and related information. development: 9. Use of paper-based versus electronic 1. Policies and procedures to guide notification tracking systems. program implementation. 10. Handling victims’ reactions to notifica- 2. Program staffing—including central tion or handling needs that arise from office staff and/or work site staff. notification (e.g., accompaniment to 3. How victims and/or witnesses are court for hearing or released offender qualified for notification services. to work too close to victim’s home). 4. Who is eligible for notification, i.e., all In addition, correctional agencies must or some victims/lawful representatives have comprehensive victim outreach and/or all or some witnesses. resources—including brochures, enroll- ment cards, public service posters, etc.— 5. Program enrollment process and that publicize the availability of victim requirements for enrollees. notification services and how victims and 6. Specific types of notification for which witnesses can access such services. victims/witnesses are eligible.

Victim Impact Statements

The right to be heard at key stages of the Types of Victim Impact justice and corrections processes has, Statements historically, been one of the key tenets of the victims’ rights discipline. Most States There are currently eight types of victim provide victims with varied rights relevant impact statements (VIS) that are utilized by to victim impact as stated in the National courts and correctional agencies in the Center for Victims of Crime’s 1996 United States: Legislative Sourcebook: 1. Written VIS, accepted either in a • Forty-four States provide victims with written statement/letter from the the right to be heard as part of a victim, or on a designated VIS form. presentence report. 2. Oral VIS (also known as “allocution”), • All 50 States provide for the right to where the victim personally addresses be heard at sentencing. the sentencing court or paroling, • Forty-three States provide for the commutation, or clemency authority. right to be heard at parole hearings. 3. Audiotaped VIS. • Sixteen States provide for the right to 4. Videotaped VIS. be heard at pardon, commutation, and/or clemency proceedings.

18 VICTIM SERVICES IN CORRECTIONS Victim Impact Statements

5. Closed-circuit televised VIS (which are child visitation, and special condi- especially applicable with cases tions of probation or parole). involving victim/witness intimidation). • Victims’ wishes relevant to their 6. Child VIS offered in measures that are participation in victim/offender commensurate with the child victim’s programs (such as mediation/ age and cognitive development. dialogue, family group conferencing, community reparation boards, etc.). 7. Teleconferenced VIS (which are especially applicable for out-of-town • Victims’ recommendations for victims, and/or victims with disabilities). offender treatment and supervision (including attendance at victim 8. Community impact statements, utilized in impact panels, , or other Federal cases involving drugs and/or substance abuse treatment, sex activities in which representatives offender treatment, manage- from affected neighborhoods are invited ment, job skills development, etc.). to submit written VIS or oral testimony, at community meetings about how crime, drugs, and affect the quality of life Barriers to Effective Victim in their homes and neighborhoods. Impact Statements

The Value of Victim Impact There are eight barriers identified by victims Statements and service providers that may inhibit effec- tive, comprehensive usage of VIS: In general, VIS provide victims with the 1. Indifferent forms. opportunity to discuss the physical, finan- 2. Multiple forms that must by completed cial and emotional effects the crime has more than once by victims and that had on their families, as well as themselves. are not shared among criminal/juvenile Such input is vital to helping courts and justice and correctional authorities. correctional authorities make informed decisions about sentencing and release. 3. Using VIS as a restitution document only. In addition, VIS provide useful information 4. The format of some VIS forms that do about the following issues: not ask appropriate questions to garner the most useful information nor • Restitution. provide ample space for answers. • Other financial obligations (such as 5. Limited explanation of instructions for child support, rent/mortgage completing the VIS. payments, costs for medical bills and counseling, , living 6. Language barriers. expenses, etc.) 7. Confidentiality concerns, i.e., whether • Financial losses (including repairs for or not the convicted offender and/or crime-scene cleanup and replacement his/her have access to the VIS value of lost or stolen property). information. • Measures to promote victim safety 8. Lack of consideration of VIS by judicial and security (including protective and correctional authorities. orders, noncontact orders, supervised

19 Victim Impact Statements

Special Considerations for Victim constitutional right to submit VIS at every Impact Statements juncture of the criminal and juvenile justice systems. Courts and correctional authorities should Agencies should practice due diligence in be aware of and, to the degree possible, locating victims to secure VIS information, provide the following special services for for example, by contacting the prosecuting victims in completing their VIS: attorney or sending a certified letter to the last known address. They should take care • Interpreters for oral VIS when victims to guarantee the confidentiality of such speak languages other than English, information. bargain, sentencing, and including sign language. parole hearings should be postponed until • Assistance for illiterate victims to victims who choose to submit VIS are complete written VIS. allowed to do so. Finally, VIS provided at the time of presentencing or sentencing • Child victim impact statements. should be included in a confidential section of offenders’ case files, and should Measures to Increase and be reviewed by paroling, commutation, Improve the Use of Victim and/or clemency authorities at the time of Impact Statements the offender’s consideration for release. Samples of VIS, derived from the Victim The most significant measure to expand Impact Statement: A Victim’s Right to and improve the use of VIS is training and Speak, A Nation’s Responsibility to Listen crosstraining of prosecutors, , proba- manual published by the NCVC and tion and paroling authorities, and victim MADD with support from the U.S. service providers. In addition, victims Department of Justice, Office for Victims should be informed of their statutory or of Crime, are included in Appendix I.

The Importance of Restitution

The importance of victim restitution is and compensation programs can be demonstrated by the following factors: augmented by restitution payments to their funds. • Victims suffer considerable monetary losses as a result of crime, many of • When restitution orders are not which are not recoverable through enforced and collected, ultimately insurance, victim compensation America’s victims and taxpayers bear funds, or other forms of financial the burden of financial responsibility recovery. that should belong to offenders. • Offender accountability must incorpo- • The fulfillment of restitution obliga- rate measures to directly reimburse tions comprises a tenet of restorative victims for their financial losses justice that encompasses efforts related to the criminal or delinquent among offenders, victims, and act. communities to to repair the harm caused by crime. • Victim compensation programs cannot begin to fulfill the demands • Restitution payments are a necessary for financial recovery from victims, and important reminder to offenders

20 VICTIM SERVICES IN CORRECTIONS Restitution Procedures

about the direct harm they have and juvenile justice systems. When citizens caused to victims and to their assess whether or not the justice systems community. are accomplishing their mission, restitution is an important evaluation criterion. As • While restitution cannot begin to fully such, not only should offenders be account- compensate for the harm victims able for victim restitution, but our justice endure, it is a “good faith” effort by systems should be held equally accountable offenders to “right their wrongs.” for the enforcement of restitution orders. Furthermore, restitution is a strong measure of the effectiveness of America’s criminal

Restitution Procedures

While all 50 States, the District of Columbia financially accountable for their criminal and the Federal have statutory actions, and provides victims with some provisions for victim restitution, it is one of monetary compensation to cover their the most under-enforced of all victims’ losses resulting from crime. These include rights. There are a myriad of barriers to the property loss, medical expenses, costs of enforcement of restitution including the counseling, funeral and expenses, following: lost wages, and many other considera- tions. Restitution should be ordered from • Judicial orders of restitution that are adjudicated persons in every case, regard- not carried through to paroling less of the or disposition imposed, authorities to incorporate as condi- in which a crime victim suffers a loss, tions of community supervision. unless compelling and extraordinary • Other financial obligations such as reasons exist to the contrary. court costs, fees, fines, costs of incar- The basic principles of a corrections-based ceration, and even payments to the victim restitution program should include Crime Victims Compensation Fund the following: often take precedence over restitu- tion to the individual crime victim. • Understanding of and adherence to State laws that govern the ordering, • The often misguided belief that “you collection, and disbursement of can’t squeeze blood from a turnip,” victim restitution. referring to offenders who appear to be indigent. • Policies and procedures that clearly state who within the agency is • Lack of coordination among agencies responsible for restitution collection regarding who collects and disburses and disbursement. restitution to victims. • Interagency agreements among • Lack of automated systems to courts, community corrections, insti- manage and expedite restitution tutional corrections and relevant collection and disbursement. victim agencies (such as victim Correctional agencies must acknowledge, compensation) regarding the man- through policies and practice, that restitu- agement of restitution collection tion is a basic right that holds offenders and disbursement.

21 Restitution Procedures

• Cross-training programs among • Written information made available to agencies having any responsibility victims that clarifies their rights to for victim restitution that identify and restitution as well as the specific roles fill gaps in program implementation. and responsibilities of individuals and agencies to implement these rights.

Helping Victims Document Their Losses

To ensure accurate and complete restitu- • Any law enforcement records that tion orders, victims are required to indicate the status of stolen property document their losses in writing for the (e.g., property recovered, recovered court or paroling authority. It is important but damaged, etc.). to provide victims with guidelines about • Copies of victims’ applications to the types of documentation that are and/or copies of checks received needed to depict their out-of-pocket and from the State victim compensation projected expenses for the future. fund. Some considerations for guidelines that • Copies of insurance claims and related should be provided in writing to victims correspondence between the victim include the following: and his/her insurance company, as • Employer statements (letters or well as copies of checks the victim affidavits) that document unpaid time may have received to cover losses. off from work the victim took as a result of injuries from the crime or Immediate Losses involvement in justice processes. • Documentation of any workers’ During the presentence investigation, compensation claims submitted victims should be asked to report informa- and/or claims payments received by tion about their losses by completing or the victim. updating a financial worksheet and providing documentation as described • Copies of bills for services directly above. A sample financial worksheet is related to victims’ financial recovery included in Appendix J. from the crime. The range of these losses can include the • Any receipts for items or services. following: • Documentation that estimates the value of stolen property. Medical Care

• Photos of valuables that were stolen. • Emergency transportation to the • Copies of any documentation, often hospital. provided by local law enforcement • kit examinations that are not agencies (e.g., records of serial num- immediately paid by a third party. bers, photos, etc.), that is intended to aid victims in the recovery of stolen • All expenses related to the hospital property. stay, including the room, laboratory

22 VICTIM SERVICES IN CORRECTIONS Helping Victims Document Their Losses

tests, medications, x-rays, and medical • To attend doctors’ appointments for supplies. injuries or mental health needs directly resulting from the crime. • HIV testing expenses, if applicable.

• Expenses for care provided by physi- Other Expenses cians (both inpatient and outpatient), medication, and medical supplies. • Crime scene cleanup. • Fees for physical or occupational • Costs of replacing locks, changing therapy. security devices, etc. • Replacement of eyeglasses, hearing • Expenses related to child or elder aids, or other sensory aid items care when victims have to testify in damaged, destroyed, or stolen from court. the victim. • Relocation expenses. • Rental and related costs for equipment • Fees incurred in changing banking or used for victims’ physical restoration, credit card accounts. i.e., wheelchairs, wheelchair ramps, special beds, crutches, etc. Projected Expenses Mental Health Services Victimization often results in injuries or • Fees for counseling or therapy for the losses that are long-term in nature. While victim and his/her family members. it is not possible to accurately document such projected expenses, it is possible to • Any costs incurred as a result of the document expert opinions as to future victim’s participation in support or financial obligations the victim might incur therapy groups. as a direct result of the crime. • Expenses for medications that Victims should be advised to seek docu- doctors may prescribe for victims to mentation (a letter or affidavit) from help ease their trauma following a professionals who are providing them crime. with medical or mental health services that offers an estimate of the victims’ Funeral Expenses future treatment needs, as well as related expenses. Such costs can include the • Costs associated with , i.e., following: caskets, cemetery plots, memorial services, etc. • Long-term medical treatment. • Expenses for travel to plan and/or • Physical or occupational rehabilita- attend funerals. tion or therapy. • Mental health counseling or therapy. Time Off From Work • Time that must be taken off from • To repair damage following property work to receive any of the above crimes. services. • To attend or participate in court or The justice professional responsible for parole proceedings. assessing victims’ restitution needs should provide this documentation to the court or paroling authority.

23 Assessing the Offender’s Ability to Pay

Assessing the Offender’s Ability to Pay

The “other side of the coin” of victim such assets as savings accounts, documentation of financial losses is investments such as stocks, bonds conducting an assessment of the offender’s and mutual funds, income from ability to pay in order to recommend an investment , etc. appropriate restitution payment plan. The • Potential contingency funds, such responsible justice agency should evaluate as State and Federal income tax the offender’s current and future financial returns, winnings from lotteries, or status in making recommendations about inheritances. both the amount of restitution as well as the payment schedule. In Summit County, Colorado, the Fifth Judicial District Probation Department The following are issues for consideration: trains its officers to examine the entire • Current status, including financial situation of offenders when salary, benefits, and pension plans. looking at issues concerning their ability to pay restitution. For example, if an • Projections on future employability offender owes restitution and owns expen- (that assess the type of job and the sive, nonnecessity items (e.g., television or remuneration offenders might compact disc player), then the probation secure). officer can ask the to order the • Assets not essential to the offender’s offender to sell their possessions to pay quality of life (excluding home or restitution to the victim(s). automobile ) that include

Alternative Methods of Restitution Collection

At times, it becomes necessary to employ • Acceptance of credit card payments. innovative and more controlled methods • Converting restitution orders to for collecting restitution when offenders . fail to pay as scheduled. Efforts imple- mented by a variety of agencies and juris- • Extending the term of community dictions include the following: supervision until offenders fulfill their restitution obligations. • Civil remedies. • Use of private collection agencies. • Forfeiture of bond money for restitu- tion obligations. Additional resources relevant to victim restitution are included in the “Restitution” • Collection of restitution while section of the Promising Practices and offenders are institutionalized as well Strategies for Victim Services in Corrections as when they are placed on parole. notebook. • Providing incentives for incarcerated offenders to pay restitution.

24 VICTIM SERVICES IN CORRECTIONS Victim Protection

Victim Protection

One of the most effective ways to • Panic buttons on necklaces that are encourage victim participation in the linked to “911.” entire criminal justice process is to ensure • Inmate phone systems that only their safety from intimidation or harm by allow pre-approved telephone offenders, or those associated with contacts that can preclude the victim. offenders. Whether “participation” denotes serving as a witness for the prosecution, • Institutional correctional agencies’ providing victim impact statements, or policies and practices that monitor offering testimony relevant to parole inmates’ outgoing correspondence revocation hearings, victims and witnesses and phone calls. are more likely to be involved if efforts are made to promote their personal Paramount to victim protection are clearly safety. written policies and procedures that require the following: Correctional agencies have an important obligation to protect victims from intimida- • Conform with and enforce provisions tion, harassment and/or harm by offenders of all State laws relevant to victim under their supervision. A combination of protection, including protective sound policies and modern technology orders, anti- , etc. offer many innovative approaches to • Define intimidation, harassment, increasing and enforcing victim protection and/or harm. measures such as follows: • Clarify what victims must do to seek • Protective orders, restraining orders, protective measures and which or “no contact” orders issued upon individual(s), agency(s), or unit(s) the victim’s request at no cost (with are responsible for enforcement. the most effective orders having no time constraints, but rather issued as • Provide guidelines to victims for “permanent” orders by judges or documenting instances of intimida- paroling authorities). tion or harassment. • Protection for victims of domestic • Provide for interagency agreements violence and/or stalking through that clarify respective roles and JurisMonitor—a unit in the victim’s responsibilities for victim protection home that signals the victim, local and security. law enforcement, and a centralized Additional information about protecting operations center when an offender, victims is included in the “Protecting who is wearing an electronic Victims from Intimidation, Harassment or monitoring device, comes within a Harm” section of the Promising Practices 150–500 foot perimeter of the victim’s and Strategies for Victim Services in home. Corrections notebook. • Cell phones automatically pro- grammed to dial “911” when a victim feels threatened or at any risk from an offender.

25 Handling Complaints from Victims and Witnesses

Handling Complaints from Victims and Witnesses

The majority of correctional agencies have • Establish guidelines for investigating received complaints from victims and the validity of complaints. witnesses about harassment, intimidation, • Identify the range of responses an or retaliation by offenders and their agency can take when complaints families, and/or about issues related to are found to be valid. offenders’ release and location. Yet only 40 percent of adult correctional agencies, • Notify the victim of the agency’s 48 percent of juvenile correctional response to his/her complaint. agencies, and 50 percent of paroling authorities have formal procedures for The agency should educate victim service handling victims’ complaints. providers about its process for handling victim complaints so they can explain The following policies and procedures for procedures and provide appropriate handling victims’ complaints must be contact information for victims, upon developed: request. • Designate to whom a victim should address his/her complaints and concerns.

Parole Processes

For many victims, the parole process can be 3. Designation of professionals or volun- an intimidating and frightening experience. teers to accompany victims to parole Any feelings of safety or security they have hearings. had due to the offender’s incarceration are 4. Procedures to keep victims and jeopardized by even considering the inmate offenders separate by sight and sound for parole. The need for information about at parole hearings, if victims so desire, the parole process becomes vital; similarly, (i.e., in States where victim presence at the importance of victim input into parole the parole hearing does not require proceedings cannot be underestimated. offender presence at the same time). There are 12 basic rights and services that 5. Waiting areas for victims that are paroling authorities should provide to separate by sight and sound from the crime victims before, during, and after the offender and his/her family and friends. parole process: 6. Acceptance of victim impact statements 1. Information about the parole process before or during parole hearings in (including parole hearings), available in person by the victim (allocution), written, audio, and/or video formats in written, audiotaped, and/or videotaped, languages commensurate with victim and in measures that are commensurate populations in the agency’s State. with the victim’s age, cognitive devel- 2. Notification (upon request and in opment, and culture (multilingual). writing) of upcoming parole proceed- 7. Confidentiality of victim information ings at least 60 days in advance of any and victim impact statements from the hearing.

26 VICTIM SERVICES IN CORRECTIONS Staff-Related Issues

offender and his/her counsel before, 11. Training for all staff involved in parole during, and after parole hearings. proceedings about basic theory, along with an overview of State 8. Timely notification of the outcome of law, policies and victim services any decisions resulting from parole relevant to the agency. hearings. 12. Training for all State and local victim 9. Notification of parole violations and service providers about the parole relevant hearings to both the victim of process and related victims’ rights. the original offense that resulted in incarceration as well as the victim of These rights and services should be the offense for which the revocation described in detail in policies, procedures hearing is being conducted. and staff duty statements. 10. Information for victims about parole Additional information is included in the supervision, conditions of parole, the “Victim Services in Parole” section of the name of the parole agent, and who to Promising Practices and Strategies for contact within the paroling authority Victim Services in Corrections notebook. for additional information or resources.

Staff-Related Issues

There are four key issues relevant to all • A system-wide perspective of victims’ staff in the correctional agency, as well as rights and services from law enforce- its victim services program team: ment through corrections, focusing on interagency collaboration. 1. Internal training. • Victimology theory, victim trauma, 2. Informational bulletins. the range of victim reactions to crime 3. Internal advisory committee. and the criminal justice system and victims’ needs specific to the crimes 4. Departmental forums. that were committed against them.

Internal Training • National, State, and local resources for victim information and referrals. All correctional agencies should incorpo- When possible, victims and local service rate a 4-hour training program for new providers should be asked to copresent at employees, and at least a 2-hour training any internal training sessions sponsored program for veteran employees as a by the agency. component of their annual training. The Agencies should also establish internal following issues should be addressed: training goals that focus on how the • Agency policies and procedures training will translate to improved related to victims’ rights and services. programs and services for victims of crime. The Texas Department of Criminal Justice • An overview of State victims’ rights (TDCJ) incorporates divisions responsible laws, especially those that mandate for community justice assistance, institu- corrections-based victims’ rights tions, State jails, and parole and established and services. 10 program goals that can be obtained through comprehensive training:

27 Staff-Related Issues

1. To ensure that victims are treated with State and nation that are interested in respect and dignity by all TDCJ corrections-based victims’ rights and personnel. services. The bulletins (published quarterly) contain information about the Victim Serv- 2. To ensure that victims are provided ices Program’s policies, services, current with accurate information in the most activities and programs, and future plans. In expedient manner possible. addition, issues that are most important to 3. To ensure victims are aware of their victim clientele, such as restitution, notifica- rights in the criminal justice process tion, allocution, protection, etc., are summa- regarding notification and parole rized with innovative solutions to meeting protest procedures. victims’ needs offered whenever possible. 4. To ensure that TDCJ personnel are Informational bulletins are helpful tools to trained in victim sensitivity issues. keep agency staff apprised of program activities and changes in policies or proce- 5. To develop and assist a statewide dures relevant to victim services, especially professional victim liaison network in changes that may involve or affect them. each Community Supervision and For other correctional agencies and allied Corrections Department, District Parole professional justice agencies, such as Office, and Institutional Division prison prosecutors and the courts, the bulletins unit. share and ideas that can be 6. To create a Crime Stoppers program easily replicated at the local, State, and “behind the walls” of the Texas national level in other jurisdictions. Department of Criminal Justice Institutional Division facilities. Internal Advisory Committee 7. To provide victims of the opportunity to have a structured, face- Members of the internal departmental to-face meeting with their offender(s) advisory committee serve in an advisory in a secure, safe environment, in order and review capacity to staff of the victim to facilitate a healing recovery process. services program and assist in the develop- ment of program policies, procedures, and 8. To develop a staff victimization and resources. crisis response program for the TDCJ. 9. To provide for the creation of a library Departmental Forums for victims, victim advocates, and TDCJ staff on a statewide-access basis. Departmental training forums provide staff with an understanding of various victim 10. To provide opportunities for the greatest issues and concerns as well as ongoing possible access and use of volunteers activities and programs within the agency. within TDCJ Victim Services. Activities include the identification of topics (which are often tied to current trends Informational Bulletins affecting victims and/or the agency in the State), resources needed, research of current The concept of informational bulletins, activities and issues, and the presentation of developed by the California Department information to departmental staff. of Corrections Victim Services Program, The best place to host departmental provides information to internal staff, forums is on institution or department as well as to agencies throughout the

28 VICTIM SERVICES IN CORRECTIONS Responding to Workplace Violence in Correctional Settings grounds. Considering the possibility that • Victim services program staff. victim service providers may be involved • Community-based victim service in the forums, this is a good way to intro- providers. duce them to the department as well. • System-based victim service Departmental forums should be conducted providers, e.g., law enforcement, as “trainings-for-trainers” so that participants prosecutors, public defenders, courts, can return to their work sites and educate etc. other staff. Forums should be held at least quarterly throughout the year. Presenters • Crime victims and witnesses. can include the following:

Responding to Workplace Violence in Correctional Settings

Physical . Sexual harassment. Stress, Trauma, and the -taking incidents. Spitting and Corrections Professional throwing feces and urine. Rape. And the ultimate violation: murder. Stress theory, developed by Dr. Hans Selye What to some people appears to simply be and others, notes that individuals exist in a litany of our worst violent crime is, normal states of equilibrium where they for many correctional professionals, a daily establish their own personal boundaries, threat in their workplace. While much usually based on a certain order and attention has been focused on increasing understanding of the world. Occasional incidents of workplace violence in stressors will move the individual out of America, little attention has been paid to the state of equilibrium, but the majority of the violent acts committed against those people most of the time stay within a who dedicate their lives to public safety familiar emotional range. Trauma throws and protection: corrections, probation, and people so far out of their range of equilib- parole professionals. rium that it is difficult for them to restore a sense of balance in life. When they do There is a flawed assumption that people establish a new sense of balance, it will who choose corrections as their profession often be different than prior to the trauma, must accept risks to their personal safety, with new boundaries and new definitions. and that being victimized is “just part of the job.” Certainly, corrections is a tough Like most people, corrections professionals job that is made even more difficult by the face developmental stressors that come threat and carrying out of violent acts. from transitions in life, such as Additionally, such difficulties are enhanced and divorce, parenthood, and retirement. when correctional agencies fail to adopt However, the level of chronic stressors that strong policies and procedures that occur over and over again is extraordi- promote worker safety and victim assis- narily high for corrections professionals: tance when an employee is victimized on- supervising heinous criminals; job tensions; or off-the-job. and feeling unsafe on an ongoing basis due to the clientele with whom they interact. When corrections professionals

29 Responding to Workplace Violence in Correctional Settings

are faced with the sudden, arbitrary acute notifications, crisis intervention, and stressor of a violent act perpetrated against onsite and continuing support for them, which compounds the many other murdered employees’ family members. stressors they endure, the resulting trauma 5. Supervisors and managers must receive can be overwhelming. training on how victimization affects their employees’ career choices, how Responding to Workplace victimized employees might treat Violence: Ten Suggestions for inmates, parolees, or probationers, and Correctional Agencies and how victimized staff are viewed by Administrators their co-workers. 6. Procedures on staff reintegration must Every correctional agency has an important be established and practiced, focusing obligation to its employees to promote not only on the victimized staff their safety and well-being. In order to member but also on his/her profes- shape the issues that must be addressed, sional peers as well. California Youth Authority, Office of Prevention and Victims Services, Assistant 7. Corrections professionals should be Director Sharon English and public safety involved in any disciplinary hearings or consultant Anne Seymour developed 10 criminal proceedings resulting from suggestions for agencies and administrators their victimization, including notifica- to respond to workplace violence: tion of case status; the right to be present at key proceedings; submission 1. All corrections, probation, and parole of a ; and agencies should have clear policies and protection from intimidation, harass- procedures for responding to workplace ment or harm. violence that encourage reporting of criminal incidents and provide support 8. Corrections has an ongoing responsi- for the victimized staff, witnesses, and bility to the family of victimized staff entire unit or office in which the critical members. Efforts should be made to incident occurred. The victim services provide them with information, input provided for staff and the rights staff and support, not only at the crisis stage have as victims should be clearly of the victimization but also in the described. months that follow. 2. All agencies should have emergency 9. Agencies should establish policies and response teams available around the procedures for rumor control following clock with members trained in vic- a staff victimization or critical incident, timology theory, responses, and which includes a brief statement of interventions. for agency employees, as well as for the . 3. Staff safety training programs should incorporate victim assistance in 10. Corrections, probation, and parole addition to worker safety and critical agencies should establish strong affilia- incident prevention. tions with local victim service organiza- tions. Over 9,000 local agencies can 4. Management and administrative staff provide crisis intervention, support should be professionally trained in groups for victimized staff, and training death notification procedures on victim trauma and reactions that include in-person sensitive following a crime.

30 VICTIM SERVICES IN CORRECTIONS Responding to Workplace Violence in Correctional Settings

Appropriate Treatment for 5. Have a timely disposition of your case. Victims and Survivors of 6. Be allowed to be present, upon Workplace Violence/ request, at any administrative proceed- Victimization ings related to the critical incident—or to have a representative of your choice Agencies can lay a strong foundation upon present at such proceedings—and to be which to implement workplace violence present at any criminal proceedings strategies by clarifying employees’ rights related to the critical incident, pursuant when they are victimized in the line-of- to [S]tate law. duty. Just as crime victims in all 50 States 7. Have the opportunity to submit a and at the Federal level have a “Victims’ victim impact statement—either written, Bill of Rights” that guides how the criminal oral, audiotaped or videotaped—prior justice system should treat them and how to the administrative disposition of the their cases will be handled so should case, and to have a record of your correctional agencies articulate similar victim impact statement maintained in a rights for the fair treatment of correctional confidential section of the offender’s staff who are victimized by violence in the case file, and to be afforded this right line-of-duty. in the event of a criminal prosecution, pursuant to [S]tate law. Guidelines for Correctional Employees 8. Be notified about the final disposition Who Are Victimized in the Line-of-Duty of the case in a timely manner. The following guidelines, modeled after 9. Be encouraged to enroll in the “Victims’ Bills of Rights” adopted in most Department’s Victim Notification States, provide correctional agencies with Program—regardless of whether your ideas for appropriate treatment of victim- case is pursued as an administrative or ized staff, and offers employees a “check- criminal matter—in order to be kept list” of supportive services that can be informed of the offender’s status and provided by the agency: location, pursuant to state law and “As a victim of a serious crime committed agency policy, and to have your notifi- while you were performing your duties, cation request and related information you will: kept confidential from the offender. 1. Be treated with dignity and respect by 10. Be provided with reasonable protection the Department and all of its employees. from the accused. 2. Be provided with direct assistance and 11. Receive restitution from the offender, support from the Department’s Office either monetarily or as an appropriate of Victim Services for both you and form of community service within the your family. corrections community, based upon a recommendation from you. 3. Be informed of these guidelines, as stated here, by your immediate super- 12. Receive workers’ compensation and/or visor within 48 hours following the victim compensation, and to receive critical incident. assistance with completing the associ- ated requirements. 4. Receive timely information about the status of the administrative and/or 13. Receive referrals for mental health criminal proceedings related to the counseling, upon request, for both you critical incident. and members of your immediate family

31 Responding to Workplace Violence in Correctional Settings

from a competent professional who is Additional information about policies, qualified in providing crisis intervention protocols, and programs relevant to and sensitive trauma response. violence in the corrections workplace is included in the “Responding to Workplace 14. Receive information about and a Violence and Staff Victimization” section of referral to supportive victim services the Promising Practices and Strategies for and assistance in your community.” Victim Services in Corrections notebook. * The rights in criminal proceedings must be defined by individual correc- tional agencies in accordance with [S]tate (or [F]ederal) law.

Monitoring Legislation

Many corrections-based victim services are and responsibilities relevant to victims. It mandated by law. Of the 27,000 Federal also enhances the increasingly popular and State statutes that currently guide the approach of offering “team testimony” to implementation of crime victims’ rights, legislative committees relative to corrections- many apply to correctional agencies. In based victims’ rights. Representatives of addition, 29 States have passed state-level correctional agencies testify with victims and crime victim constitutional amendments, service providers about not only proposed the majority of which address victims’ mandated rights and services but also fiscal rights to participate throughout the correc- notes that determine the money necessary to tional process. The proposed Federal enforce new mandates. constitutional amendment for victims’ The National Center for Victims of Crime in rights introduced in the 104th Congress in Arlington, Virginia has a legislative database 1996 (see Appendix K) also provides for with 27,000 victims’ rights statutes. Its 1996 victims to participate and be heard in the Victims’ Rights Sourcebook offers a compila- corrections and parole processes in adult, tion and comparison of victims’ rights laws, juvenile, and systems. many of which are pertinent to corrections. Corrections-based victim services programs, Correctional agencies can tap these along with agency legislative divisions, valuable resources to compare their States’ should work closely with state-level victim corrections-based victims’ rights, and secure service coalitions to determine victims’ samples of other States’ statutes, which needs and concerns that can be addressed affect victim notification, protection, restitu- by new laws. These important partnerships tion, victim input, and other topics, to use help develop mutual understanding of roles as models for replication.

Program Evaluation

This overview of program evaluation is by APPA with support from the U.S. De- derived from the “Program Design, Devel- partment of Justice, Office for Victims of opment and Evaluation” chapter of A Crime in 1994. Guide to Enhancing Victim Services Program design, development and staffing within Probation and Parole, published are the critical first phases of a victim

32 VICTIM SERVICES IN CORRECTIONS Program Evaluation services program. These steps lay the • Determines whether a particular foundation for program implementation program or programs are needed in a that includes a specification of program specific area of service. features, identification of a target popula- • Assists in the planning, staffing, and tion, articulation of program policies and budgeting of programs. procedures, and a scheme for selecting, hiring and training program staff. Programs • Ascertains whether a program has are never instituted in a vacuum, i.e., they been implemented according to its often can have significant repercussions or original design and intent. effects on other areas of department opera- tions and functions. They are also rarely • Helps to determine whether a installed without a variety of problems or program should be continued as complications. Moreover, programs are implemented, expanded, modified, or obliged to demonstrate that they are altogether eliminated. fulfilling claimed objectives, and they are • Gathers information to improve servicing an identifiable, needy population. ongoing program practices and Programs should not be inaugurated services and to monitor the effective- without a method to learn about their ness of programs. planning, structure, methodology, and impact. Hence, there is a need for program • Measures the intended and evaluation. unintended impact of programs and establishes if a program is achieving its goals and objectives. What is Program Evaluation? • Yields information to satisfy internal Program evaluation is a set of tools for recordkeeping requirements, as well gathering information to examine program as requests for information from formulation, implementation, and outcomes. funding bodies, the public, and It is a means to document the establishment outside agencies. of the program and to show whether the • Provides a systematic, running record program is achieving its purported goals of program expenditures. and serving its targeted clients. Program evaluation is actually a multidisciplinary • Helps make a choice between field of applied social science that draws on different programs or approaches concepts and research protocols from being offered in the same area of , sociology, education, services. , administration and statistics. • Aids in ensuring that a program Program evaluation ultimately seeks to is performing according to set improve the quality of program services standards. (E. Posavac and R. Carey, through the application of skills and Program Evaluation: Methods and methods for determining whether the Case Studies. Englewood Cliffs, program achieves its intended goals. NJ: Simon and Schuster, 1989.)

Purposes of Program Evaluation Types of Program Evaluations Program evaluation can accomplish a Evaluations of programs may be conducted variety of purposes, which includes the from a number of different viewpoints and following: can be differentiated by the kinds of

33 Program Evaluation

questions asked and the kinds of answers notifying victims, seeking impact needed to make informed decisions about statements, providing protection from programs. Therefore, the scope of an intimidation, etc.)? How would the evaluation depends on the specific future program coincide with current purposes for which it is being considered. operations? (Peter Rossi and Howard Freeman. Eval- • Are victims’ reported needs serious uation:A Systematic Approach. Beverly and broad enough to warrant a Hills, CA: Sage, 1982.) special victim service program? The four general categories of evaluations • Are there alternative mechanisms in are need, process, outcome, and the department to meet victims’ expenditures. needs other than the proposed program? Need Evaluation • Approximately how many potential An assessment of need is designed to clients can be served by the answer questions about the target popula- proposed program? tions such as their background characteris- • Given the program’s initial conceptu- tics, problem areas, and the kinds of alization, what victims should be services they perceive to be important and targeted for services? Which of these helpful. Need evaluations occur during the victims would be easiest to access program planning stages and provide data and most likely to be helped by the to shape program structure and services. program? Why? They may also suggest that a program is unnecessary because the proposed services can be found elsewhere; because a target Process Evaluation population cannot be identified clearly; or because the identified population does not An assessment of process is designed to express a strong desire for services or answer questions about program implemen- assistance. A need evaluation of a victim tation. Once a program has been adminis- services program would attempt to answer tered, evaluators can document the extent these questions: to which the program was implemented as designed and is serving the target popula- • What types of victim services are tion. Process evaluation is an examination currently offered through local of the effort invested in a program and does criminal justice agencies? not seek to establish program effectiveness. Rather, it provides a systematic exploration • Will the prospective services supple- of whether a program is being administered ment, replace, overlap, or complement in conformity with its original conceptualiza- existing victim services? tion (Rossi & Freeman, 1982). A process • Based on a survey (written, evaluation of a victim services program telephone, or in-person), what are would attempt to answer these questions: the most pressing needs of local • How many victims are being crime victims as expressed by the assessed and contacted by program victims themselves, and by proba- staff (daily, weekly, monthly, yearly)? tion, parole, and corrections staff? • How many times, on average, is each • What are the present procedures for victim contacted? What is the nature collecting victim restitution (or of these contacts (i.e., mail, phone,

34 VICTIM SERVICES IN CORRECTIONS Program Evaluation

in-person, at home, or within the ■ Types and range of services agency)? offered.

• How closely do written procedures ■ Correspondence between their correspond to the actual delivery of particular needs and program services? What are the specific services. disparities between plans and ■ Number and nature of contacts practice, and how seriously do they they have had with program affect operations? caseworkers. • How does the victim services ■ Their caseworker’s responsive- program interface with other depart- ness and sensitivity to their ment programs? Are program policies problems and needs. and procedures consistent with those of the host agency? ■ Outcome of their case.

• How often do other department staff ■ Amount of restitution and interact with program personnel? compensation they have What is the purpose of those interac- received. tions (i.e., referral, advice, or ■ complaint)? Timeliness of their case notifications. • Are program services being delivered ■ within a reasonable period of time? Information they were given Are there ways to expedite service about victim services and crime delivery? prevention. ■ Services they received through Outcome Evaluation referrals. ■ Comfort and safety of the An assessment of outcome traditionally has program office environment. been the major focus for program evalua- tors and is designed to answer questions • Are crime victims served through the about program effects. Outcome evalua- program better off physically, tions are conducted after the program has emotionally, and economically when been running long enough to register an compared to nonparticipating crime impact on its clients. An outcome evalua- victims? tion gauges the degree to which a program • Do program services correspond with has influenced changes in the desired mandated victims’ rights? directions. To conduct an outcome evalua- tion, a researcher must show persuasively • How do other department staff and that impact was a function of program allied justice professionals rate the interventions and cannot be accounted for performance of the program with in other ways (Rossi & Freeman, 1982). An respect to professionalism, staffing, outcome evaluation of a victim services dedication, and service? program would attempt to answer these questions about program Expenditure Evaluation success: • How satisfied are victims with the An assessment of expenditures is designed following program services? to answer questions about program economics. Specifically, expenditure

35 Program Evaluation

evaluations address the cost-effectiveness • What is the per capita cost of handling of programs (i.e., do the benefits of the a case through the program? How program justify the investment needed to does this cost compare with the costs provide the services?) and the cost reported by other programs in proba- efficiency of programs (i.e., is the program tion, parole, and corrections? the most economical way to provide • What are the total overhead services or can other programs provide the (including such costs as office space, same services at a lower cost?). A compre- telephones, copy/fax machine use, hensive evaluation of expenditures and e-mail) and personnel costs of requires estimates of the tangible and the program (salaries and benefits)? intangible benefits of the program(s), as well as the direct and indirect costs of • Is the program exceeding its original undertaking the program(s). Cost analysis budgetary allocation? Why are there techniques have been well developed in cost overruns? Can any services be business and industry and can be adapted cut back or eliminated to save expen- to study human service programs. An ditures? Will these reductions evaluation of expenditures for a victim jeopardize program operations? services program would attempt to answer these questions:

Client Needs Assessments

This section is taken from the “Program/Service are mailed to them after the conclusion of Outcome Evaluation” chapter of the training their case. One disadvantage of mail surveys and resource manual Focus on the Future: A is that many people do not respond, and it Systems Approach to Prosecution and is difficult to be sure whether those who do Victim Assistance published by the National respond are truly representative. Assessments Center for Victims of Crime with support from can also be conducted by telephone or in the U.S. Department of Justice, Office for Victims person. These evaluations can be either of Crime in 1994. It was written by Promising random or routine. Practices and Strategies Project Director Victim assessment surveys can help program Trudy Gregorie. personnel examine their current policies, One of the most valuable tools for a victim protocols and procedures to ensure that the services program is regular assessment of program and service providers exemplify its clients concerning the effectiveness, the needed sensitivity and effectiveness sufficiency, and quality of its services, and when dealing with crime victims. The useful the effectiveness and professionalism of its data collected should indicate needed staff. All programs receive some informal changes, enhancements, or revisions to feedback from their clients, in the form of improve the program’s delivery of services letters, commendations, complaints, or and enforcement of victims’ rights. telephone calls, etc. But most programs Two examples of victim assessment surveys survey their clients more systematically at that can be easily modified for correctional one time or another in order to find out how agencies—developed by the Delaware they feel about the program’s services, and County Victim Services Unit to receive input on improving program (Pennsylvania) and the Marion County services. Victim assessments can be District Attorney’s Victim Assistance Program conducted through written surveys that are (Oregon)”—are included in Appendix L. given to clients as they exit the program or

36 VICTIM SERVICES IN CORRECTIONS Technology to Enhance Corrections-Based Victim Services

Technology to Enhance Corrections-Based Victim Services

This section is adapted from the 1996 worldwide “information superhighway,” National Victim Assistance Academy holds great promise for the discipline of curriculum sponsored by the Victim corrections-based victim services. Knowledge Assistance Legal Organization with support about and use of existing and emerging from the U.S. Department of Justice, Office technologies can save greatly needed time, for Victims of Crime. It was written by money and human resources for victim Promising Practices and Strategies advocates as well as crime victims. Project Manager Anne Seymour. The primary purpose of the victim service Information is power. With the explosion discipline is to help crime victims obtain of the information age and the expansion three basic objectives: rights, recovery, and of the “information superhighway,” victims, respect. Yet victims are often barred from service providers and criminal justice securing these objectives by ignorance, professionals have myriad opportunities to mis-impressions, and lack of information. augment their individual and collective In a very real sense, information is the power by accessing and sharing informa- key that allows access to victims’ rights, tion electronically. Information comprises recovery and respect. Unless victims are the very foundation upon which many made aware of their rights as well as how victims’ rights and services are based, and when to exercise them, such rights including the following: have no meaning or usefulness. Simply put, information is the means to victim service • Victims’ rights mandated by providers’ ends. Indeed, it is the stock and and . trade of the victim service discipline and the • Victim services available locally, at driving force behind most services for the State level, or nationally. victims of crime. How victim advocates are able to gather, synthesize, analyze, expand, • Case status. distribute, and dispense this precious • Offender status. commodity has a direct impact on the success of the victims’ rights movement. • Research that documents trends in crime and victimization. Barriers to the Use of • Personal support and resources avail- Technology to Benefit Victims able to help victims reconstruct their lives following a crime. In 1997, There are five common barriers to the virtually all of this type of informa- implementation of technologies that could tion is available on-line to anybody benefit victims of crime: who has a personal computer, telephone line, and modem. 1. “Technophobia.” The growth in technological applications to 2. Cost. manage the expansion and development of 3. Security of victim information. victim service organizations, to enhance case management and tracking information for 4. The need for change management. both victims and offenders, and to simplify 5. Government and judicial policies and expand communications through the relevant to technology.

37 Technology to Enhance Corrections-Based Victim Services

“Technophobia” Both corporate America and the technology industry are reaching out to “Technophobia” is the of utilizing social service organizations to augment new technologies. Victim services and, their use of technology as well as their indeed, the entire criminal justice system expertise relevant to computerization and have traditionally operated on a paper management information systems. For basis. The volumes of information example, clearinghouses exist that provide relevant to crime victims, in both criminal used computers to nonprofit organizations cases and in the provision of quality for free. More and more victim service services, can generally be found in paper agencies are securing the volunteer support format and files. While some agencies are of technology professionals on their Boards equipped with personal computers, are of Directors or in advisory capacities to able to communicate via facsimile initiate and enhance the use of computers. machines, and have access to the “infor- As the competition among technology firms mation superhighway” through the grows more fierce, victim service providers Internet, many others utilize no tech- benefit from the marketing of software nology applications in their day-to-day packages that are inexpensive and adapt- activities. able to most personal computer systems. Furthermore, public policy developments Undoubtedly, the victims’ rights discipline are beginning to support the implementa- and, to some degree, the field of criminal tion of technologies that improve the provi- justice have been slow to harness the sion of victim services (such as the powers of technology. Very real fears exist Violence Against Women Act passed by about technology applications: Will Congress in 1994 that authorizes the use of computer files be lost? What if the technologies that benefit victims as a electricity shuts off and our systems go fundable outcome). down? Can we protect the confidentiality of victim information? How can we become “computer literate”? Security of Victim Information However, all these and other fears can be Victim confidentiality is a priority for overcome with careful planning, training, correctional agencies, crime victims, and technical assistance, and implementation service providers. Much victim information of technology applications that benefit related to corrections is confidential by law victims. While initial efforts to become or by agency policy. However, technology technologically savvy are challenging, and today easily accommodates the security of at times difficult, service providers must any information that is deemed confidential view “the big picture” in terms of the time, by the courts, including victim information. money, and human resources that can be saved through advances in technology, Access to computer screens with confiden- keeping in mind that the ultimate benefici- tial information can be limited only to aries are victims of crime. authorized users with passwords when software packages are developed. The use of encryption or “scrambling” of Cost documents that are electronically trans- ferred further prevents unauthorized For many agencies, the cost of technology access. In developing technologies that appears to be prohibitive to implementation. benefit victims, careful consideration and However, the cost of not harnessing the planning relevant to the security of effective powers of technology will soon specific information must be a priority. outweigh the initial investment. This can be accomplished by partnerships

38 VICTIM SERVICES IN CORRECTIONS Technology to Enhance Corrections-Based Victim Services among criminal justice and victim service • Be actively involved in planning professionals as well as technology experts activities that relate to applying who develop software packages and technology to victim services, offender management information systems. criminal justice, and corrections. • Be flexible in their willingness to The Need for Change Management adapt to new ways of doing age-old tasks. Change management is the means by which organizations successfully integrate technology with operations and people. Government and Judicial Policies While possessing the most advanced Relevant to Technology technology to benefit victims is important, Often State legislatures and/or judicial author- it is not enough to ensure success. The ities must pass new laws and that best system can fail if it is not accepted by guide the implementation of technology. The the people whose job it is to use it. acceptance of electronic data, imaging, and There are four key components to change signatures has been accompanied by legal management: mandates that authorize their acceptance as official documents within the criminal justice 1. Leadership: Setting and articulating a system. The National Center for State Courts compelling vision, mission, and agenda in Williamsburg, Virginia has shown great for change, then making this commit- leadership in seeking changes in rules and ment visible, constant, and contagious. laws that allow for technological advances 2. Ownership: Creating an environment that streamline justice and benefit crime for the attitude, motivation, and victims. commitment of individuals and groups within and allied to our nation’s victim Offender Management service discipline, resulting in “buy-in” Information Systems and ownership of change from early involvement through the total change In the United States today, there is an process. important and welcome move toward 3. Enablement: Providing professionals incorporating vital victim information into with the knowledge, skills, processes, offender management information systems. technologies, structures, tools, and Instead of having multiple databases that advice to perform new roles in a relate to an offender’s case, and hence the changing workplace and discipline. victim’s case, many jurisdictions are centralizing databases that include victim 4. Navigation: Creating the environment information with substantial security to manage, integrate, and coordinate protections to ensure confidentiality. multiple change initiatives. One example is the statewide automated (The preceding section is an excerpt from juvenile justice tracking system utilized in Andersen Consulting, Change Management Oklahoma. A variety of data about juvenile workshop, International Integrated Justice offenders is included in the system such as Symposium, June 1995, New Brunswick, Canada.) demographic, social, and family informa- For corrections-based victim services tion; case status and disposition; gang programs, change management means that affiliations; juvenile profiles; and supervi- they must do the following: sion and placement tracking. Two other key elements are victim notification and • Understand the benefits to victims victim restitution. Juvenile justice and allied that technology has to offer. professionals who are authorized to access 39 Technology to Enhance Corrections-Based Victim Services

this information (from anywhere in the 4. Provides valuable data about victim State utilizing a personal computer that and offender typologies. taps into the centralized database reposi- 5. Provides law enforcement, criminal tory) can quickly surmise if the victim has justice, corrections and victim service been notified of the juvenile offender’s providers with historical data related to status or release, and if restitution has victims and offenders that can guide been ordered, collected, and/or paid. their approach to intervention. The incorporation of these and other vital The more America knows about criminal data, such as victim impact information activity, the better our nation can be and protective orders, into centralized equipped to prevent and combat crime. offender management information systems, Equally as important, the more America with appropriate security precautions built knows about victims—who they are, what in to ensure victim confidentiality, should types of services they need and are able to be a goal of corrections-based victim access, and whether or not their rights are services programs. implemented—the better our nation can be equipped to serve and assist victims. Case Tracking Technology The Automation of Victims’ An important and recent phenomenon Rights and Services utilizes the power of current technology to track offenders and their victims throughout Technological developments have been the criminal justice process. Case tracking particularly beneficial to victims and serves five important purposes: service providers in two areas: victim notification and victim restitution. 1. Maintains up-to-date information on an offender’s status and release. Victim Notification 2. Provides substantial information about access to victim services and whether More than half of America’s correctional or not victims’ rights as mandated by agencies have automated victim notifica- law are being upheld. tion processes, as depicted in the following data derived from the 1996 3. Holds the criminal justice system account- National Victim Services Survey of Adult able by providing useful and timely and Juvenile Corrections and Paroling data on case dispositions, including Authorities (conducted by the National , plea bargains, judicial sentences Center for Victims of Crime as part of the and time served on actual sentences. Promising Practices and Strategies for Victim Services in Corrections project):

Figure 1 VICTIM NOTIFICATION REQUESTS IDENTIFIED/TRACKED BY: ADULT JUVENILE PAROLE Computerized system 46% 24% 41% File flags 11% 53% 19% Both 25% 10% 28% Other 4% 10% 6% Not sure/Don’t know 4% 5% 13%

40 VICTIM SERVICES IN CORRECTIONS Technology to Enhance Corrections-Based Victim Services

Computerized approaches to the imple- Automating Victim Restitution mentation of this significant victims’ right save time, money, and human resources The frustration many victims face in and ensure that victims are notified of an receiving restitution that has been ordered offender’s release or impending parole by a court or paroling authority can be hearing in a timely manner that is in significantly decreased by automated resti- accordance with law. tution management software programs utilized by a number of courts, correc- The process of automated victim notifica- tional agencies, and paroling authorities. tion generally includes the following: At minimum, a centralized software • Victims who request to be notified of system tracks restitution orders and an offender’s release (either through compliance with such orders and provides a prosecutor, victim service provider, victims with disbursement checks, as well Department of Corrections, or as information about delinquent accounts. paroling authority) have their name, One innovative restitution management address, and telephone number program features the following functional entered into a centralized database. specifications: • The victim contact information is on • Links multiple , victims, a security screen, which means that cases, and responsible officials in a only authorized personnel (such as single case folder. the victim service program manager or case records personnel at institu- • Provides complete financial ledgers. tions) have access to it. • Provides for pro rata distribution of • Computerized notification letters partial payments. designed to provide details on the • Provides 1,000 different levels of offender’s status, including release, distribution priority. upcoming release hearing, or death, are keyed into the system, and • Provides for joint and several, as matched to the relevant victim infor- well as partitioned, liability. mation file. • Accommodates the assignment of • At the appropriate juncture restitution to third parties (such as mandated by law (such as 60 days insurance companies). prior to release), the letter is • Calculates “ability to pay” automatically printed out by the worksheets. computer and disseminated by the victim services program (in central- • Determines payment schedules. ized systems) or case records personnel (in decentralized systems). • Prints receipts for money collected, either individually or in batch mode. The likelihood of victims “falling through the cracks” of notification processes is • Provides delinquency tracking. significantly decreased with the use of • Employs three levels of security. automated systems. • Prints disbursement checks. • Tracks unclaimed funds.

41 Technology to Enhance Corrections-Based Victim Services

• Provides a comprehensive set of Justice, Office for Victims of Crime Resource reports including collection reports, Center and National Criminal Justice case histories, ledgers, impact state- Reference Service. An array of on-line ments, delinquency reports, and services that can be helpful to corrections- payment reports. based victim services programs includes a World Wide Web page; anonymous file The application of this technology simplifies transfer protocol (FTP) site; Justice the complex and frustrating process of restitu- Information (JUSTINFO) electronic tion collection for the criminal justice system, newsletter; and an e-mail information and victims, service providers, and offenders, and help line. helps ensure that offenders are held finan- cially accountable to their victims. A complete compendium of these services, compiled for the 1996 National Victim U.S. Department of Justice Assistance Academy text, is included in Appendix M. Electronic Information Resources

There are a variety of resources available electronically from the U.S. Department of

Fundraising for Victim Services

In recent years, there has been an evolu- develop and operate victim services tion of networking among victim service programs. However, when it comes to providers and correctional personnel. weighing where they utilize their limited Correctional agencies realize that if they personnel resources, they also need to are going to provide either mandated or examine where their financial support voluntary services to victims of crime, they is coming from. Often, this places need the input and assistance of experts corrections-based victim service programs in the field: crime victims and victim at the bottom of their lengthy priority list. service providers. Some correctional agencies are able to Unfortunately, most community-based reimburse victims and service providers victim service programs are insufficiently for their mileage expenses to attend funded. Generally, they are not-for-profit meetings or provide educational services agencies that have been founded and such as the “Impact of Crime on Victims” operated by people who have been programs or Victim Impact Panels for personally touched by crime. Victim offenders. Others provide a small stipend services programs operate on minuscule in addition to, or in place of, mileage budgets with limited personnel who work reimbursements. long hours for low pay, or work as volun- Increasingly, correctional agencies have teers. A growing number of these agencies found unique ways to raise funds for are interested in helping correctional victim services programs in the communi- agencies meet the needs of victims. There ties where their institutions, offices, or are many dedicated victim service work sites are located. providers and victims who will give tirelessly to help correctional agencies

42 VICTIM SERVICES IN CORRECTIONS Fundraising for Victim Services

Fundraising Policies • In Texas, female inmates make rag dolls that are distributed to needy It is important to have clearly delineated and abused children. policies and procedures for fundraising • In some States, part of the profits of activities that involve inmates, offenders sales of inmate artwork are given to under community supervision, and/or victim services programs. staff. All donations must be strictly volun- tary. A copy of the California Department • The Association of Paroling of Corrections policy on charitable Authorities, International provided a fundraising campaigns is included in check to Ellen Levin, Director of Appendix N. Justice for All, which was derived from proceeds from its annual conference. Fundraising Activities Sponsored by Offenders There are many creative ways that correc- tional professionals and the offenders they Offenders under the supervision of the supervise can support victim services such California Department of Corrections are as the following: encouraged to participate in fundraisers • Organizing or participating in walk-a- for victim services programs and to make thons or fun runs. monetary donations of their own. Often, fundraising events are held in conjunction • Selling buttons, mugs, t-shirts, and with National Crime Victims’ Rights Week other items. during April of each year. Offenders who • Food sales (including baked goods choose to organize and participate in these and candy). activities do so to show their appreciation of victims and service providers who • Raffles. voluntarily participate in inmate education • Clothing, toy, and food drives. programs. Some offenders also view their contributions as a way to help make • Banquets. amends for their own crimes. Correctional staff are also encouraged to help plan for • Portraits/photos (paid for by inmates and participate in fundraising activities. who like to have pictures to send home to their loved ones). In fiscal year 1995, the California Department of Corrections raised hundreds of • Craft sales and art auctions. thousands of dollars in donations that • Sporting competitions. were provided to local victim services programs, many of which were located in • Recycling of aluminum cans. the same communities as the work • Benefit concerts. sites/institutions that raised the money. In addition, correctional agencies often In addition to special events and monetary support the charitable and public aware- contributions, offenders can offer many in- ness activities of State and local victim kind contributions to victim service organi- services programs. Many of these activities zations and crime victims. are held in conjunction with annual • In South Carolina, parolees build commemorative weeks such as National baby furniture for local domestic Awareness Month and violence and homeless shelters. National Drunk and Drugged Driving

43 Fundraising for Victim Services

Awareness Week. Correctional personnel has corporate sponsorship from a local should seek opportunities to serve on casino. Proceeds went to the State’s Crime planning activities for these special events Victims Reparation Fund and the and encourage their professional peers to Department’s inmate scholarship fund. get involved through either in-kind or Fundraising for victims’ programs not only direct monetary donations. A calendar of improves the scope and quality of services for victim-related annual commemorations is victims, it also helps cement the bond included in Appendix O. between professionals in the disciplines of The Angola “Break-in Run and Walk,” an corrections and victim services—a bond that annual event sponsored by the Louisiana provides the foundation for increased mutual Department of Public Safety and Corrections, understanding, respect, and cooperation.

Restorative Justice

As the justice community continually seeks 5. The offender has personal responsi- new, innovative approaches to fulfill its bility to victims and to the community mission and goals, the concept of restora- for crimes committed. tive justice has emerged as an approach 6. The offender will develop improved that incorporates , competency and understanding as a violence reduction, offender accountability, result of the restorative justice experience. victim assistance, and public safety. 7. Stakeholders share responsibilities for In the restorative model, offenders, crime restorative justice through partnerships victims, and the community are all consid- for action. ered clients of justice processes, including corrections. As such, the involvement and As described by Dr. Gordon Bazemore, interests of these three client populations Director of the Balanced and Restorative become core to the planning, develop- Justice Project at Florida Atlantic University ment, implementation, and evaluation of in Fort Lauderdale, the conceptual frame- justice-related programs and services. work of this approach to justice can best be described as a combined emphasis on At a national teleconference on restorative three programming priorities (NOTE: justice sponsored by the National Institute Bazemore’s model was developed specifi- of Corrections (NIC) in December 1996, a cally for juvenile offenders): panel of experts identified seven core values of restorative justice: “Accountability: Restitution, commu- nity service, and victim/offender 1. Crime is an offense against human mediation create an awareness in relationships. offenders of the harmful consequences 2. Victims and the community are central of their actions for victims; require to the justice process. offenders to take action to make amends to victims and the community; 3. The first priority of justice processes is and, whenever possible, involve to assist victims. victims directly in the justice process. 4. The second priority of justice “Community protection: Intermediate, processes is to restore the community community-based and to some degree if possible. sanctioning systems channel the

44 VICTIM SERVICES IN CORRECTIONS Restorative Justice

offender’s time and energy into pro- that they are capable of productive, ductive activities.… A continuum of competent behavior.” surveillance and provides The shift from what some call “retributive a progression of consequences for justice” to restorative justice has many noncompliance with supervision implications for victims of crime. Key to requirements and incentives that these changes is active involvement in the reinforce the offender’s progress in justice process as well as a defined role in meeting competency development achieving offender accountability. This shift and accountability objectives. is depicted in the chart below and on the “Competency development: Work following page (which includes definitions experience, active learning, and service of “retributive” and “restorative” justice opportunities provide opportunities for developed by noted author Howard Zehr, offenders to develop skills, interact and “implications for victims” developed by positively with conventional adults, public safety consultant Anne Seymour). earn money, and demonstrate publicly

Figure 2 RESTORATIVE JUSTICE IMPLICATIONS FOR VICTIMS

The criminal justice system Crime control lies primarily in The community—including controls crime. the community. victims and their allies— participates in and directly benefits from .

Offender accountability Accountability defined as Offenders are held directly defined as taking . assuming responsibility and accountable to victims. taking action to repair harm.

Prevention, intervention, and Crime is an individual act Crime has both individual breaking the cycle of violence with individual responsibility. and social dimensions of are important considerations. responsibility.

Crime is an act against the Crime is an act against The individualization of the State, a violation of the law, another person of the victim and breaking the cycle an abstract idea. community. of violence are important considerations.

Punishment is effective: Punishment alone is not The victim is individualized a. Threat of punishment effective in changing as central to the crime and deters crime. behavior and is disruptive to the criminal justice system b. Punishment changes community harmony and process, with the community behavior. good relationships. duly noted as also being affected by crimes.

45 Restorative Justice

Figure 2 (continued)

RETRIBUTIVE JUSTICE RESTORATIVE JUSTICE IMPLICATIONS FOR VICTIMS

Victims are peripheral to the Victims are central to the Restorative justice principles process. process of solving a crime. are “victim-centered.”

The offender is defined by The offender is defined by Reparations to the victim and deficits. his or her capacity to make to the community are a reparation. priority.

Focus on establishing , Focus is on problem solving, A central goal is to deter future on , on past (did he/she on liabilities/obligations, and criminal action through conflict do it?). on the future (what should resolutions, problem solving, be done?). and fulfilling obligations to the victim and to the community.

Emphasis on adversarial Emphasis is on dialogue and Victims are active participants relationships. negotiation. in determining appropriate reparations.

Imposition of pain to punish Restitution is a means of Restitution holds the offender and deter/prevent. restoring both parties; goal of accountable and is meaningful conciliation/restoration. to both him/her and the victim.

Community is on the sideline, Community as facilitator in Just as the community is represented abstractly by the restorative process. negatively affected by crime, State. it is positively affected by restorative justice process.

Response is focused on the Response focused on harmful Crime deterrence in the future offender’s past behavior. consequences of the focuses on victim and public offender’s behavior; emphasis safety. on the future.

Dependence on proxy Direct involvement by Victims and their allies are professionals. participants. directly involved in the criminal and juvenile justice and restorative justice processes.

46 VICTIM SERVICES IN CORRECTIONS Victim/Offender Programs

Victim/Offender Programs

In the United States, the concept of victim/ Crime and delinquency affect not only the offender programs is relatively new, direct and indirect victim. The “domino spanning just two decades of development effect” of any crime, regardless of its and growth. While these programs share severity, increases communities’ fears and many goals, there is usually one important feelings of vulnerability. Therefore, commu- underlying principle: to provide forums that nities as a whole also stand to benefit from promote greater understanding of the the implementation of victim/offender impact that crime has on victims and their programs: families, offenders’ families, neighborhoods, • In many victim/offender programs, the and communities and to promote offender active involvement of community accountability and a positive learning representatives sends a strong message experience for all involved participants. that crime will not be tolerated and Why would victims who have been harmed that investment in individual and by criminal or delinquent activities want to public safety is a community priority. be face-to-face again with the person who • Victim/offender programs often hurt them? For many victims, burning provide cost-effective alternatives to questions in the aftermath of a crime need more retributive forms of justice. to be answered: • When victims are provided with • Why did you choose to victimize me positive tools to reconstruct their lives, instead of somebody else? they are able to function better as • Does my offender realize the emotional, contributing members of a commu- physical, and financial losses I have nity—a universal benefit that cannot endured as a result of his/her action? be overlooked. • Does my offender feel any remorse? The Implementation of • Can my offender, through words or Victim/Offender Programs actions, be directly accountable to me so I can reconstruct my life in the Victim/offender programs and services are aftermath of a crime? not for everybody. Such programs should For juvenile delinquents and criminal not operate in a vacuum but rather be an offenders, victim/offender programs can integral component of system- and offer substantial value by developing the community-based services for both victims following: and offenders. • An understanding of the impact Eleven recommended guidelines for the offenders’ crimes have on their victims implementation of victim/offender and communities. programs include the following: • Incentives for personal accountability 1. A clearly stated mission statement that in the forms of apologies, financial supports goals and objectives, guides restitution, and community service. program development, focuses on outcomes and possible benefits • Educational opportunities that can relevant to victims, offenders, and the provide positive alternatives to community. criminal and delinquent activities.

47 Victim/Offender Programs

2. Leadership from a “change champion” Examples of Victim/Offender —either an individual or entity who Programs can provide vision and guidance in program implementation. A number of victim/offender programs are 3. Consistent involvement in program being successfully implemented in both planning and implementation from institutional and community corrections victims and victim service providers. settings: 4. Structure that clarifies the role of the 1. Community reparation boards, program within the criminal or juvenile consisting of community members justice system as well its role related to appointed by the Department of community-based activities. Corrections, provide a sentencing option for non-violent offenders to 5. Comprehensive knowledge of research make reparation to victims and the and theory related to victimization, crime, community. Reparative activities juvenile justice, and offenders to provide include restitution, community work a basis for program development. service, mediation/dialogue, cognitive 6. Intensive training and cross-training to skills development sessions, victim establish and clarify program expecta- empathy programs, and decision- tions and increase knowledge of making programs. professionals and volunteers involved 2. Community/neighborhood impact with program planning, development, statements provide an opportunity for and evaluation. citizens whose lives are detrimentally 7. Written policies, procedures, and affected by crime such as drug- and protocols to guide planning and gang-related illegal activities to inform implementation. the court about how such crimes affect their quality of life. 8. Measures to ensure that victim partici- pation is strictly voluntary, with no 3. Family group conferencing involves perceptions of . the youthful offender and his/her family; the victim and his/her family or 9. Policies and plans that address designated representative; and a repre- program evaluation. sentative of the juvenile justice system. 10. Understanding of existing victim/ The outcome of family group confer- offender programs to facilitate knowl- encing is the formulation of a plan that edge exchange so as to avoid repeating holds offenders accountable, provides what has already been done. victims with input and restitution, and helps offenders learn new skills that 11. Written documentation of key program will help them to avoid future activities (planning, implementation, reoffending. and evaluation) to facilitate knowledge expansion by exchanging information 4. Victim/offender dialogue (also called among victim/offender program practi- “mediation”) is a structured, voluntary tioners and allied professionals. meeting between a victim and offender with a trained facilitator to discuss the impact of the crime, and

48 VICTIM SERVICES IN CORRECTIONS Conclusion

develop an agreement that attempts to opportunity for offenders to learn hold the offender accountable and to about how their delinquent and make amends to the victim, as well as criminal activities detrimentally affect provide the offender with educational their victims, their communities, their opportunities. own families, and themselves. Such programs range from 2-hour panels to 5. Restitution to crime victims provides a structured 40-hour educational monetary compensation for losses they program. endured as a result of crime. Restitution can also be made to crime victim 9. Victim impact statements allow the compensation programs or victim victim to tell the court about the service agencies. psychological, physical and financial impact a crime had on them. Victim 6. Restorative community service performed impact statements can be delivered in by offenders can improve the quality of writing, in person, or by audio/video- life for both the community and victims. tape, and in measures that are commen- Examples include work crews that clean surate with the victim’s age, cognitive graffiti, direct service to the victim if development, ability, and culture. he/she chooses, and improving safety measures (such as locks) for elderly 10. Victim notification of the offender’s citizens’ homes. status keeps the victim apprised of the case status, from through 7. Community work service programs sentence, community corrections, or provide opportunities for offenders to placement. work, develop new skills, and be paid so they can, in turn, fulfill their restitu- Additional information and resources tion obligations. relevant to this topic can be found in the “Victim/Offender Programs” section of the 8. Victim awareness education programs/ Promising Practices and Strategies for panels provide an educational Victim Services in Corrections notebook.

Conclusion

This compendium was developed to Parole published by the American provide a comprehensive overview of Probation and Parole Association corrections-based victim services. A more (APPA). indepth examination of the topics 2. National Victim Assistance Academy contained in this compendium, along with Curriculum Notebook published by the a wide range of resources for promising Victim Assistance Legal Organization practices, is provided in the Promising (VALOR). Practices and Strategies for Victim Services in Corrections notebook. 3. Focus on the Future: A Systems Approach to Prosecution and Victim Four additional manuals are recommended Assistance published by the National as resources for professionals who seek to Center for Victims of Crime. initiate or enhance corrections-based victim services: 4. Helping Victims and Witnesses in the Juvenile Justice System: A Program 1. Promising Practices and Strategies for Handbook published by the U.S. Victim Services in Probation and

49 Conclusion

Department of Justice, Office of • Victims of juvenile offenders. Juvenile Justice and Delinquency • Promising practices and strategies in Prevention. technology to benefit victims. In addition, a variety of projects sponsored • Victims of gang violence. by OVC, NIC, the Corrections Office, and ASCA are currently in development and Information about these and other address topics including the following: valuable resources is available from the U.S. Department of Justice, Office for • Responding to workplace violence in Victims of Crime Resource Center by correctional settings (training-for- calling (800) 627-6872. trainers series). • Restorative justice.

50 VICTIM SERVICES IN CORRECTIONS Appendix A

Position Statement on Crime Victims’ Issues (Texas Corrections Association) Appendix A

53 Position Statement on Crime Victims’ Issues

54 VICTIM SERVICES IN CORRECTIONS Appendix B

Strategic Planning Form (U.S. Bureau of Prisons) Appendix B

57 Strategic Planning Form

58 VICTIM SERVICES IN CORRECTIONS Appendix C

Victim Services Program Policies and Procedures (California Department of Corrections) Appendix C

61 Victim Services Program Policies and Procedures

62 VICTIM SERVICES IN CORRECTIONS Appendix C

63 Appendix C

65 Victim Services Program Policies and Procedures

66 VICTIM SERVICES IN CORRECTIONS Appendix C

67 Victim Services Program Policies and Procedures

68 VICTIM SERVICES IN CORRECTIONS Appendix C

69 Victim Services Program Policies and Procedures

70 VICTIM SERVICES IN CORRECTIONS Appendix C

71 Victim Services Program Policies and Procedures

72 VICTIM SERVICES IN CORRECTIONS Appendix C

73 Victim Services Program Policies and Procedures

74 VICTIM SERVICES IN CORRECTIONS Appendix C

75 Appendix C

77 Victim Services Program Policies and Procedures

78 VICTIM SERVICES IN CORRECTIONS Appendix C

79 Victim Services Program Policies and Procedures

80 VICTIM SERVICES IN CORRECTIONS Appendix C

81 Victim Services Program Policies and Procedures

82 VICTIM SERVICES IN CORRECTIONS Appendix C

83 Victim Services Program Policies and Procedures

84 VICTIM SERVICES IN CORRECTIONS Appendix C

85 J

Victim Services Program Policies and Procedures

J

86 VICTIM SERVICES IN CORRECTIONS Appendix C

87 Appendix D

Victim Services Advisory Committee Policy Statement (Pennsylvania Department of Corrections)

Executive Order for Council on Victims Justice (Ohio Department of Rehabilitation and Correction) Appendix D

91 Victim Services Advisory Committee Policy Statement

92 VICTIM SERVICES IN CORRECTIONS Appendix D

93 Victim Services Advisory Committee Policy Statement

94 VICTIM SERVICES IN CORRECTIONS Appendix D

95 Executive Order for Council on Victims Justice

96 VICTIM SERVICES IN CORRECTIONS Appendix E

State Director’s Announcement of New VOCA-Funded Victim Services Unit (Illinois Department of Corrections) Appendix E

99 Appendix F

Duty Statement for Victim Services Representatives (California Department of Corrections)

Job Description for Supervision Clerk (Courts), Community Supervision and Corrections Department (Tarrant County, Texas) Appendix F

103 Appendix F

105 Job Description for Supervision Clerk

106 Appendix F

107 Appendix G

Telephone Rolodex Card (Ohio Department of Rehabilitation and Correction) Appendix G

111 Appendix H

National Toll-Free Information and Referral Telephone Numbers on Victims‘ Rights, Services, and Criminal Justice Resources (Victims’ Assistance Legal Organization) Appendix H

115 Appendix I

Sample Victim Impact Statements (National Center for Victims of Crime) Appendix I

119 Sample Victim Impact Statements

120 VICTIM SERVICES IN CORRECTIONS Appendix I

121 Sample Victim Impact Statements

122 VICTIM SERVICES IN CORRECTIONS Appendix J

Sample Financial Worksheet for Victims’ Losses (National Center for Victims of Crime) Appendix J

125 Sample Financial Worksheet for Victims’ Losses

126 VICTIM SERVICES IN CORRECTIONS Appendix K

Proposed Federal Constitutional Amendment for Victims’ Rights (Senate Joint Resolution 6) Appendix K

129 Proposed Federal Constitutional Amendment for Victims’ Rights

130 VICTIM SERVICES IN CORRECTIONS Appendix L

Two Examples of Victim Assessment Surveys

(Delaware County Juvenile Court Victim Services Unit, Pennsylvania)

(Marion County District Attorney’s Victim Assistance Program, Oregon) Appendix L

133 Examples of Victim Assessment Surveys

134 VICTIM SERVICES IN CORRECTIONS Appendix L

135 Appendix L

137 Examples of Victim Assessment Surveys

138 VICTIM SERVICES IN CORRECTIONS Appendix L

139 Examples of Victim Assessment Surveys

140 VICTIM SERVICES IN CORRECTIONS Appendix M

Compendium of Helpful Online Services Appendix M

143 Compendium of Helpful Online Services

144 VICTIM SERVICES IN CORRECTIONS Appendix M

145 Compendium of Helpful Online Services

146 VICTIM SERVICES IN CORRECTIONS Appendix M

147 Compendium of Helpful Online Services

148 VICTIM SERVICES IN CORRECTIONS Appendix M

149 Appendix N

Policy on Charitable Fundraising Campaigns (California Department of Corrections) Appendix N

153 Appendix O

Calendar of Victim-Related Annual Commemorations (National Center for Victims of Crime) Appendix O

157 Calendar of Victim-Related Annual Commemorations

158 Promising Practices and Strategies for Victim Services in Corrections

For copies of this guide and/or additional information, please contact:

Office for Victims of Crime Resource Center (OVCRC) P.O. Box 6000 Rockville, MD 20849–6000 Telephone: 1–800–627–6872 or 301–519–5500

E-mail orders for print publications to [email protected] E-mail questions to [email protected] Send your feedback on this service to [email protected]

Refer to publication number: NCJ 166605