WASHINGTON'S OFFENDER ACCOUNTABILITY ACT.

A NEW APPROACH TO CORRECTIONS

The state of Washington's 1999 legislative session saw a significant piece of legislative passed into existence. The Offender Accountability Act (OAA) was initiated by Gov. Gary Locke (D) and eventually passed unanimously in both the Senate and the House of Representatives. Ultimately, it also won the support of nearly all entities within the criminal justice system in Washington. Founded on the notion of community justice, OAA will transform the Washington Department of Corrections (DOC) and the way it manages offenders in the system.

Under OAA, offenders subject to supervision after release will be sentenced to terms of community custody subject to conditions set by both their counties and the DOC. Terms will apply to offenders convicted of any crime against a person, as well as violent, sex, drug and other specified crimes committed on or after July 1, 2000. Staffing increases, computer system improvements and other steps to permit OAA-mandated supervision of high-risk offenders began July 1, 1999.

BACKGROUND

Washington implemented determinant sentencing in the early 1980s with the Sentencing Reform Act (SRA) which, for the most part, based sanctions on the severity of the offense and prior criminal history. The stated purpose of SRA was to ensure that "punishment for a criminal offense is proportionate to the seriousness of the offense and to the offender's criminal history." SRA was expected to "promote respect for the law by providing punishment which is just," and to see that punishment is "commensurate with that imposed for similar offenses." Since implementation, SRA has been amended often, usually to require imposition of harsher sanctions by the courts. Not surprisingly, Washington has increased its prison population significantly during the past 15 years.

Now, growing numbers of Washington legislators are concerned that continued reliance on incarceration as punishment is an expensive response to crime. Instead of focusing on "just deserts," the Legislature has found a new agenda in OAA. SRA gives token support to the notion of rehabilitation in the stated purpose of "offering the offender an opportunity to improve him or herself." OAA will breathe life into the offender change agenda by adding another purpose to sentencing: "Reducing the risk of offending by offenders in the community." Supervision in the community using all available tools, including surveillance and treatment, to mitigate risk now is an expectation.

Years of skepticism about rehabilitation as a sentencing goal have created a conflict between demands for retribution and the belief that we must try to modify the behavior of those who engage in criminal conduct. There have been pendulum-like swings from punishment to rehabilitation and back again. The rut this pendulum wore became yet another factor preventing change and a fresh approach.

So far, at least, OAA has avoided this rut by sidestepping the "what's new" school altogether. OAA responds with thoughtful attention to "what works," and that has brought focus, a sense of direction and added credibility to the DOC. The growing volume of literature that supports this effort is testimony to the resilience and creativity the corrections field is committing to this question.

CITIZEN EXPECTATIONS As we develop this more solid footing, we can ask: What do the citizens want from our system? Many polls tell us that citizens want more from the criminal justice system than it is delivering. They typically want:

* Safety from violent crime;

* Offenders to be held accountable;

* Offenders to repair the damage they have caused;

* Offenders to receive treatment that makes for safe release from incarceration; and

* Public and victim involvement in the decision-making process.

These elements are not within the core work of most correctional agencies and not within the mandates of Washington's sentencing system. Addressing these concerns means introducing a new, fundamental element into the DOC's core work -- the community. This means changing the DOC's approach from working for the community as a client to working with the community as a partner.

Community and risk mitigation are key elements of OAA. OAA requires offenders to be supervised in the community based on the risk they pose to community safety and that risk information be provided to the sentencing court if so ordered. It requires that risk be assessed using an objective instrument that is supported by research. This assessment also must take into consideration the nature of the harm done by offenders, the places and circumstances of the offender related to risk, the offenders' relationship with the victims and other information provided by the victims.

MSESSEG RISK

The DOC has chosen to use the Level of Service Inventory -- Revised (LSI-R) as its primary risk-assessment instrument. Community corrections officers and case management staff in Washington institutions have been trained to administer the LSI-R and are beginning to develop case management plans that focus on the dynamic risk factors it identifies.

OAA further requires that the DOC establish a systematic means of assessing offender risk to public safety while mandating that it deploys community correctional staff on "the basis of geographic areas in which offenders under department jurisdiction are located." The clear expectation is that the offender "risk set" -- individual behavior and cognitive patterns that are criminogenic -- should be identified. In addition, the DOC must identify the risk factors of the communities in which offenders are located. The purpose of this effort is to focus and align activities and resources around high-risk offenders and places.

CAA'S CHALLENGES

Among the other challenges of this new sentencing/offender management system is a significant change in the way conditions of supervision are developed and imposed. Generally, conditions of supervision in the community have been established by the sentencing court with input from DOC staff. OAA allows department staff to directly impose conditions of supervision and, to some degree, modify the conditions imposed by the court. Conditions that are prohibitive and affirmative are both allowed, with the intention of impacting the "risk set" of the offender. Additionally, department staff will have some discretion in determining the period of supervision in the community. All of this is a significant change for DOC community corrections officers.

There is another major change in how corrections business will be conducted in Washington under OAA: The DOC, rather than the sentencing court, will respond to offender violation behavior. This new process will ensure more immediate and certain response to violation behaviors. It necessitates forming a cadre of hearings officers, along with appropriate procedures, to administratively respond to violation behavior. A range of sanctions may be used, but clear emphasis is placed on developing a "range of graduated sanctions." While the DOC previously has used a variety of intermediate sanctions, it now must develop more and varied options, including additional day reporting centers and halfway-back beds. This new process will ensure more immediate and certain response to violation behavior.

Much effort has gone into conceptualizing Washington's new corrections business. So, what might this new community-focused system look like? One way to guess is to contrast this system with the "offender-focused" system Washington has had in place for the past 15 years. Figure 1 contrasts these systems across six dimensions.

OAA spells out what the DOC is required to do with a fair amount of clarity. It must respond to the offender "risk set," which includes the dynamic risk factors of offenders as well as community risk factors. Obviously, the DOC cannot do this alone. To be successful, it not only must change the way it deploys its own resources, but must engage the resources of the broader community, both formally and informally. Partnerships with agencies such as law enforcement and social services are obvious choices. Far more elusive, however, is the necessity to engage informal networks of family, friends, neighbors and employers -- the natural guardians who impact offender, victim and "place."

In the future, the DOC's work will be in the community and with the community. It must accept this new identity, as must its many community partners. The task is monumental -- not only must the DOC see itself differently, it must be seen differently. What were assets in the past -- anonymity and impenetrability -- must change. The DOC must redefine its resources and capacities as it redefines its work.

Robert Moore is legislation project manager for the Washington Department of Corrections. Cheryl Brown Young, Ph.D., is director of the Performance Institute of the Washington Department of Corrections.

                 COMPARISON OF COMMUNITY SUPERVISION UNDER
                    SRA AND OFFENDER ACCOUNTABILITY ACT
OFFENDER-FOCUSED SYSTEM                COMMUNITY-FOCUSED SYSTEM
(SRA)                                  (OFFENDER ACCOUNTABILITY)
I.OFFENDER CASE PLANNING:              I.OFFENDER CASE PLANNING:
For offenders sentenced to a period    Plan is based on risk assessment
                                         during
  of time in DOC facility, perison       presentence process or at intake.
  staff
  develop a plan typically focused     Initial prison plan, for offenders
  at prison adjustment.                  sentenced to a period of time in a
                                         DOC
Community corrections officer develops   facility, focused on dynamic risk
  a                                      factors,
  community plan when offender is        i.e., offender characteristics that
  returned to                            are
  community from prison or jail or       amenable to change (e.g., cirminal
  directly after                         thinking
  sentencing if incarceration is not     patterns, addictive behavior).
  part of the
  sentence.                            The majority of case planning
                                         activities
Community plan is primarily focused on   both in the institution and in the
  ensuring that conditions of            community are focused on dynamic
  supervision                            risk factors
  are monitored and enforced.            and developed with citizen
                                         participation.
Goal is compliance with plan as a      Goal is reduction of risk as a vehicle
  vehicle
  for reducing offense behavior.         for reducing offense behavior.
II.OFFENDER SUPERVISION:              II.OFFENDER SUPERVISION:
Activities revolve primarily around    Activities revolve around offender
  the offender                           contacts
  and his or her compliance or lack of   within the community. Supervision is
  compliance with conditions of          expanded by
  supervision.                           collaboration/partnership with
Level of supervision and length of       community members, law enforcement,
  supervision is                         and other
  determined by crime and other static   agencies and significant others
  factors                                (community
  (e.g., age, criminal history).         supervision groups).
Monitoring involves contact with the   Content of supervision is determined
  offender,                              by "risk
  both in office and at home.            set" (i.e., offender
                                       characteristics, relationships,
                                         place).
Some collateral contacts (e.g.,        Length of supervision determined by
  employer) occur.                       the court,
Offender change programs (e.g.,          but may be modified by community
  cognitive change,                      supervision
  victim awareness) are primarily used   group based on risk/needs of
  as sanctions.                          offender.
Community corrections officer is       Conditions of supervision determined
  primary                                by court,
  agent of supervision.                  but may be enhanced by community
                                       supervision group
                                         to mitigate risk posed by offender.
                                       Offender
                                         change programs are key component of
                                         case plan.
                                       The community supervision group
                                       identifies the "risk set."
III.RESPONDING TO OFFENDER            III.RESPONDING TO OFFENDER
VIOLATIONS:                             VIOLATIONS:
Community supervision offenders        The community supervision group
brought                                assesses the
  back before the court.                 "risk set" and intervences in an
                                          effort to
Some intermediate sanctions used, but    prevent violations.
  incarceration is primary violation   An administrative DOC process promotes
  response.
                                         certainty and immediacy.
                                       A range of intermediate sanctions is
                                       available.
IV.COMMUNITY CORRECTIONS OFFICER       IV.COMMUNITY CORRECTIONS OFFICER
PERFORMANCE FOCUS:                      PERFORMANCE FOCUS:
Supervision of offenders is            Supervision of offenders is
quantitatively                         qualitatively measured
  measured: Completion of contacts.      through indicators that document a
                                         community
Timely submission of reprots and         presence and effectiveness of plan.
                                         Examples
  computer entries                     include:
Collection of legal financial            Community contacts
obligations
  (e.g., restitution)                    Reduction of risk factors on LSI
                                         Collaborative case plan devleopment
                                       with community
                                         supervisory groups
                                         Assessments of offender compliance
                                       with conditions
                                         of supervision and successful plan
                                       implementation
V.LOCATION OF STAFF:                    V.LOCATION OF STAFF:
Community corrections officer in       Colocated with law enforcement and/or
single-unit                            other community
  or multiple-unit field office          organizations in neighborhood
  centrally                              locations.
  located in geographic catchment      Deployment or resources is driven by
  areas.                                 neighborhood
                                         risk/need and offender
                                         concentration.
VI. ROLE OF COMMUNITY CORRECTIONS        VI. ROLE OF COMMUNITY CORRECTIONS
OFFICERS IN COMMUNITY:                   OFFICERS IN COMMUNITY:
  Information-gathering                   Resource for information
  Protect offender confidentiality        Community catalyst
  Supervision of caseload                 Collaborative supervision
  Offender-centered                       Community at center