Problem Gambling and the Criminal Justice System
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Problem gambling and the criminal justice system January 2013 Published by the Victorian Responsible Gambling Foundation, Melbourne, Victoria, Australia © Victorian Responsible Gambling Foundation, January 2013. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968. This study was originally funded and managed by the Department of Justice. Management of the study was transferred to the Victorian Responsible Gambling Foundation on its establishment on 1 July 2012. For further information or additional copies contact: Victorian Responsible Gambling Foundation PO Box 2156 Royal Melbourne Hospital VIC 3050 Tel: 03 9452 2600 Fax: 03 9542 2660 Email: [email protected] Authorised by the Victorian Responsible Gambling Foundation, 14–20 Blackwood Street, North Melbourne 3051 ISBN: 978-1-921627-72-9 If you would like to receive this publication in an accessible format, such as large print or audio, please email [email protected] Disclaimer: While the data and findings in this report have been carefully prepared and presented, and are considered to be correct, the information, views and referenced material in this report is provided solely on the basis that readers will be responsible for making their own assessment of the information provided. No warranty is given as to the accuracy of the information and if you rely on it, you do so at your own risk. The Victorian Responsible Gambling Foundation specifically excludes any liability for any error or inaccuracy in, or omissions from, this document and any loss or damage that you or any other person may suffer. 2 Problem gambling and the criminal justice system Note from the authors This study was originally funded and managed by the Victorian Department of Justice. Management of the study was transferred to the Victorian Responsible Gambling Foundation on its establishment on 1 July 2012. This report was substantially completed in October 2010 and since that time, a number of changes have occurred within the Victorian justice system in relation to correctional orders, legislation and the structure of some programs. For the most up-to-date information on the Victorian justice system please visit the justice website: www.justice.vic.gov.au Notwithstanding limitations regarding the currency of the research data, it is the authors’ view that findings and recommendations based on analysis of the research data remain valid. The research data and analysis will be of value to those interested in improving our collective knowledge of gambling as an issue of significance for many individuals in contact with the criminal justice system. Recommendations relating to the former Office of Gaming and Racing will now largely be the responsibility of the newly established Victorian Responsible Gambling Foundation. The Foundation delivers research, public health campaigns, problem gambling treatment services and information services about gambling regulation. For information about the Foundation, please visit the following website: www.responsiblegambling.vic.gov.au For more information about problem gambling and available help services please visit the following website: www.problemgambling.vic.gov.au Problem gambling and the criminal justice system 3 Authors and acknowledgements Authors Dr Santina Perrone (Principal Researcher), Manager, Data & Evaluation Deborah Jansons, Policy Officer, Data & Evaluation Lisa Morrison, Senior Policy Officer, Data & Evaluation Acknowledgements The research was supported by members of the Data & Evaluation team, Victorian Responsible Gambling Foundation. The research was overseen by the Department of Justice Intradepartmental Committee on Gambling and Crime. 4 Problem gambling and the criminal justice system Contents Note from the authors 3 Authors and acknowledgements 4 Acronyms 8 Executive summary 9 Key findings 9 Recommendations 11 1 Background to the research 12 1.1 Background 12 1.2 Project objectives 12 1.3 Project components 13 1.4 Governance arrangements 13 2 Literature review 15 2.1 Introduction 15 2.2 Problem gambling among offender populations: the state of research 15 2.2.1 Research methodologies and approaches 16 2.2.2 Limitation of official sources 16 2.2.3 The limitations of comparing studies 19 2.3 Understanding the problem gambling and crime relationship 20 2.3.1 Characterising the problem gambling and crime association: a typology 21 2.3.2 Offence escalation: from co-incidental to instrumental crime 21 2.3.3 Profiling the offending problem gambler 22 2.3.4 Summary 24 2.4 Problem gambling treatment within the correctional services system 24 2.4.1 Establishing ‘good practice’ in problem gambling treatment: evaluation issues 26 2.4.2 Problem gambling treatment programs – a general overview 28 2.4.3 Problem gambling treatment programs within corrections 29 2.4.4 Challenges and limitations to effective problem gambling treatment within corrections 34 2.5 Future directions for evaluation 35 2.6 Section summary 35 3 Quantifying problem gambling: data holdings across the criminal justice system 37 3.1 Introduction 37 3.2 Victoria Police 38 3.2.1 Victoria Police data sources 38 3.2.2 The relevance of gambling-related crime information for Victoria Police 39 3.2.3 A review of gambling-related LEAP data 40 3.3 Courts 41 3.3.1 Victorian courts data sources 42 3.3.2 The relevance of gambling-related crime information for Victorian court personnel 42 3.3.3 Previous research 43 3.3.4 A review of gambling-related Victorian court data 43 Problem gambling and the criminal justice system 5 3.4 Corrections Victoria 46 3.4.1 Corrections Victoria data sources 46 3.4.2 The relevance of gambling-related crime data for Corrections Victoria 48 3.4.3 A review of gambling-related VISAT data 50 3.5 Coroners Court 53 3.5.1 Coroners Court data sources 53 3.5.2 A review of gambling-related Victorian coronial data 54 3.6 Conclusion 57 4 Needs analysis of offenders within the correctional services system 60 4.1 Introduction 60 4.2 Review of Supreme and County courts sample 60 4.2.1 Demographic profile of defendants appearing before the courts on gambling-related crime 61 4.2.2 Offending and gambling behaviours 64 4.2.3 Impacts of gambling 70 4.2.4 Problem gambling treatment access 71 4.2.5 Referrals to gambling treatment as part of sentence 72 4.3 Review of prisoner sample 72 4.3.1 Research methodology 73 4.3.2 Survey instruments 73 4.3.3 Problem Gambling Severity Index scores 75 4.3.4 Demographic profile of survey respondents by PGSI 76 4.3.5 Offending behaviour 83 4.3.6 Co-presenting issues 85 4.3.7 Situational influences 90 4.4 Review of gambling-related crime offenders 91 4.4.1 The extent of gambling-related crime 92 4.4.2 Offending and gambling behaviours 93 4.4.3 Gambling participation 94 4.4.4 Inter- and intra-generational gambling 95 4.4.5 Recognition of problem gambling 97 4.4.6 Gambling–crime relationship 98 4.4.7 Co-presenting issues 101 4.4.8 Situational influences 103 4.5 Problem gambling service access and effectiveness 104 4.5.1 Problem gambling treatment in the community 105 4.5.2 Problem gambling help seeking 105 4.5.3 Perceived effectiveness of problem gambling services for offenders 106 4.5.4 Problem gambling treatment post-release 108 4.6 Summary 108 5 Gambler’s Help service delivery within the justice system 113 5.1 Introduction 113 5.2 Methodology 113 5.3 Gambler’s Help services 113 5.4 Gambler’s Help criminal justice clients 114 5.4.1 Services for non-custodial clients 115 5.4.2 Services for custodial clients 120 6 Problem gambling and the criminal justice system 6 Conceptualising and operationalising gambling services for offenders 133 6.1 Introduction 133 6.2 Offender management within Corrections Victoria 133 6.2.1 Corrections Victoria Offender Management Framework 134 6.3 Problem gambling as a mitigating factor in sentencing 135 6.3.1 Presentation of gambling before the courts 135 6.3.2 Problem gambling case law 137 6.3.3 Sentencing problem gamblers 141 6.4 Rehabilitating problem gamblers: treatment approaches within Corrections Victoria 142 6.4.1 Problem gambling treatment services – ‘good practice’? 143 7 Conclusions and recommendations 155 7.1 Conclusions 155 7.2 Recommendations 156 7.2.1 Systematic screening for problem gambling 156 7.2.2 Problem gambling data holdings 158 7.2.3 Problem gambling awareness 160 7.2.4 Gambler’s Help services for correctional clients 161 7.2.5 Continuity of care 162 7.2.6 Future research 163 7.3 Summary of key recommendations 163 Definition of terms 164 References 166 Appendices 175 Appendix A A summary of national and international problem gambling crime and corrections studies 176 Appendix B Gambling screens explained 197 Appendix C Police email invitation and interview schedule 201 Appendix D Victoria Police LEAP data gambling-related search terms 203 Appendix E Summary of Victoria Police LEAP data 204 Appendix F Interview invitation and semi-structured interview schedule – members of the Parole Board 207 Appendix G Semi-structured interview schedule – Corrections Victoria staff 209 Appendix H VISAT administration points 210 Appendix I VISAT free text keyword search 211 Appendix J Prisoner and CCS VISAT profile data 212 Appendix K VISAT module textual response examples 217 Appendix L Findings in relation to the lifetime gambling behaviours of the deceased subsample 219 Appendix M Case study timeline examples of life events among the deceased subsample 220 Appendix N Aggregation of offence type classifications