Loading...
HomeMy WebLinkAboutUse of the Idaho Response MatrixIdaho Department of Correction Standard Operating Procedure Title: Use of the Idaho Response Matrix Page: 1 of 8 Control Number: 701.04.02.020 Version: 2.0 Adopted: 02-19-2009 Terry Kirkham, chief of the Division of Probation and Parole , approved this document on 12/23/2015. Open to the public: Yes SCOPE This Standard Operating Procedure (SOP) applies to all Division of Probation and Parole staff members involved in the direct supervision and management of probationers and parolees under the jurisdiction of the Idaho Department of Correction (IDOC) as agents of the court and the Commission of Pardons and Parole (the Parole Commission). Revision Summary Revision date (12/23/2015) version 2.0: Updates and revisions throughout the document including the introduction of the Idaho Response Matrix. TABLE OF CONTENTS 1. Idaho Response Matrix Overview .................................................................................... 2 2. Encouraging Desired Behavior ........................................................................................ 3 3. Responding to Violations ................................................................................................. 3 4. Specific Behaviors and Responses ................................................................................. 4 5. Exceptions to the Idaho Response Matrix (Escalations and De-escalations) ................ 4 6. Responding to Violation of Special Conditions of Probation or Parole ........................... 4 7. Entries into Corrections Integrated System (CIS) ........................................................... 4 8. Use of the Idaho Response Matrix (Desired Behaviors/Violations) ................................ 5 9. Reporting Requirements .................................................................................................. 7 Definitions ................................................................................................................................. 7 BOARD OF CORRECTION IDAPA RULE NUMBER 701 Probation and Parole Supervision Control Number: 701.04.02.020 Version: 2.0 Title: Use of the Idaho Response Matrix Page Number: 2 of 8 Idaho Department of Correction POLICY CONTROL NUMBER 701 Probation and Parole Services PURPOSE The purpose of this SOP is to establish the written procedure for the probation and parole officer (PPO) in using dis cretion while utilizing the Idaho Response Matrix (IRM), in response to an offender’s compliance or non-compliance with the terms and conditions of probation or parole imposed by the court, the Parole Commission, or set forth in the Agreement of Supervision. In addition, this SOP will establish the reporting requirements of certain behaviors to the courts and the Parole Commission. RESPONSIBILITY Division Chief/Deputy Chief The c hief and deputy chief of the Division of Probation and Parole are responsible for overseeing probation and parole supervision and ensuring the implementation of this SOP. District Managers (or designees) District m anagers (or designees) are responsible for implementing this SOP and for ensuring probation and parole officers are practicing the guidelines, standards, and procedures provided herein. Probation and Parole Officers Probation and parole officers (PPOs ) are responsible for practicing the guidelines, standards and procedures provided herein. GENERAL REQUIREMENTS PPOs will respond to offender behaviors by providing a positive reinforcement, incentive or sanction as appropriate. PPOs will utilize the Idaho Response Matrix , to address non- compliance with terms and conditions of probation or parole imposed by the court or the Parole Commission and the Agreement of Supervision. PPOs will utilize incentive options from the IRM to reinforce and promote compliance with the conditions of supervision as well as long-term behavior change. PPOs will report out on offender behavior and their accompanying response as indicated by the IRM to the court or the Parole Commission, prosecuting attorney and last defense attorney of rec ord. 1. Idaho Response Matrix Overview The IRM was designed to create a consistent but flexible approach to responding to an offender’s behavior while on probation or parole supervision. The IRM assigns a number to each violation event or desired behavior, based on the offender’s assessed risk category and/or offense type to direct the PPO to a range of potential rewards and sanctions that should be applied as a response. The IRM provides a range of rewards and sanctions by establishing risk-based, graduated responses intended to promote compliance and positive long-term behavioral change for offenders under supervision. These responses are designed to be delivered swiftly and with certainty for all offenders. The term “swift and certain” refers to the fact that offender behavior will be responded to in a timely and sure manner, but does not guarantee a specific or predictable outcome. Control Number: 701.04.02.020 Version: 2.0 Title: Use of the Idaho Response Matrix Page Number: 3 of 8 Idaho Department of Correction The IRM allows for a great deal of officer discretion; however, certain events will require a specific response. Charges for a new felony, possession of a firearm, and absconding require a report of violation. In addition, the IRM requires reporting to the court or the Parole Commission (with a courtesy copy provided to the prosecutor and last defense attorney of record) when any of the following events occur: (1) new felony or serious misdemeanor, (2) imposition of discretionary jail time, (3) any level 3 sanction, (4) an offender accumulates 9 or more violation points within a 6 month period. 2. Encouraging Desire d Behavior PPOs will encourage and reinforce desired behavior in order to reduce the likelihood of violations of the conditions of supervision and promote long -term behavioral change. Evidence suggests that reinforcing desired behavior is significantly more effective than punishment. PPOs will utilize the assessed risk level of the offender to determine the initial level of reward. • Once the level of reward is determined, the PPO will also have the lower level(s) of rewards available for selection. o The identified reward(s) should be individualized and meaningful to that offender, and should be appropriate for the behavior that is being reinforced. • In the event the PPO identifies the need to escalate a reward to a higher magnitude, he/she should staff the situation with their district m anager (or designee) and seek approval to do so. 3. Responding to Violations All alleged violations will be investigated and responded to upon receipt of the knowledge that the violation has occurred, not to exceed five (5) business days. When violations occur, alternatives to incarceration and revocation shall be considered and us ed to the extent that public safety allows. Additionally, the PPO must consider the impact on the offender’s protective factors, as assessed by the LSI-R, when selecting the most appropriate response. The PPO will consult with the district m anager (or designee) prior to imposing a response that will directly impact an offender’s protective factors. • PPOs will utilize the assessed risk level of the offender to determine the initial level of sanction to address the identified behavior. • The identified sanction should be individualized and meaningful to that offender, and should be appropriate for the behavior that is being addressed. • The level of sanction selected corresponds as a violation point, (Level 1 Response = 1 violation point, etc.). • PPOs can select more than one response, and may use options from a lower level to address behavior. • PPOs, however, may not substitute multiple lower level responses for an appropriate higher level response. Control Number: 701.04.02.020 Version: 2.0 Title: Use of the Idaho Response Matrix Page Number: 4 of 8 Idaho Department of Correction If the PPO encounters multiple violations, the violat ions should be responded to as one event and not separately. The violation points will be calculated based on the most serious violation within that event. If the PPO encounters repeated and similar behavior from an offender, he/she should respond in a graduated manner, or select a high magnitude of response when addressing the repeated violation. 4. Specific Behaviors and Responses The IRM requires a specific response for certain violations. The PPO will file a Report of Violation if an offender is charged with a new felony crime, is in possession of a firearm, or is found to have absconded supervision. For offenders who have an underlying conviction for Felony Driving Under the Influence, a sexual offense, or an offense related to Domestic Battery/Attempted Strangulation, the IRM calls for the response to be of a higher magnitude if the violation is similar in nature to the crime which lead to their conviction. The bottom portion of the IRM lists behaviors that are related to the supervision of sexual offenders. 5. Exceptions to the Idaho Response Matrix (Escalations and De -escalations) The intent of the IRM was to provide a great deal of discretion for P POs. If the PPO determines that the response indicated by the IRM is too high or too low in magnitude, he/she may staff the situation with the district m anager (or designee) and select a more appropriate higher or lower magnitude response to fit the circumstances by applying an escalation or de-escalation. • If the initial indicated response requires a report to the court or the Parole Commission, a de-escalated response does not remove that requirement. A report must still be submitted. 6. Responding to Violations of Special Conditions of Probation or Parole If an offender is found to have violated an individualized special condition of either probation or parole, the PPO will address the violation with an increased magnitude of response. • If the individualized special condition cannot be found in the IRM, the PPO must identify an appropriate response and then submit a report to the court or the Parole Commission (with a courtesy copy to the prosecutor and last defense attorney of record) that outlines the circumstances of the violation and the applied response. 7. Entries into Corrections Integrated System (CIS) The IRM entry option is embedded within the Supervision Contact screen in CIS. Each time the IRM is utilized, the PPO should appropriately document the behavior(s) Control Number: 701.04.02.020 Version: 2.0 Title: Use of the Idaho Response Matrix Page Number: 5 of 8 Idaho Department of Correction observed and the response(s) applied (sanction or reward) to address the behavior(s). This should be done to accompany the fully documented event in supervision contacts. 8. Use of the Idaho Response Matrix (Desired Behaviors/Violations) The following steps will be taken when determining the appropriate reward in response to desired behavior: Functional Roles and Responsibilities Step Tasks (CIS steps are in bold) Probation and Parole Officer (PPO) 1 Recognize or be made aware of the offender’s progress on targeted/desired behaviors and/or OMP goals. PPO 2 Determine the appropriate reward(s) using the IRM and Response Chart. In determining the appropriate level of reward, the PPO will consider the following: • Each offender is different and responds differently to specific recognition and rewards. • A positive reinforcement to one offender may not be perceived as such to another offender. • The offender’s current stage of change and readiness to change will influence the frequency and type of reward that is chosen. • The totality of the offender’s circumstances and any unintended consequences of granting a specific positive reward. • Are there mitigating or aggravating circumstances that would result in the application of a higher or lower level reward than provided by the IRM? PPO 3 Staff the case with a supervisor if the reward is higher or lower than what is provided in the IRM (if not, proceed to step 6). District Manager (or designee) 4 Review the facts of the case, determine whether the reward is appropriate, and approve or disapprove the reward. District Manager (or designee) 5 Document staffing and approval or disapproval in CIS by entering a case update with a note title of “Reward Staffing”. Provide a summary of the case t hat has been staffed with the officer and supervisor. PPO 6 Offer the reward to the offender. In doing so the PPO shall advise the offender of the following: • The behavior for which they are being rewarded. • Continuing the desired behavior will help them remain in compliance with the terms and conditions of supervision. PPO 7 Document this interaction in CIS by entering a supervision contact with an IRM attachment. Control Number: 701.04.02.020 Version: 2.0 Title: Use of the Idaho Response Matrix Page Number: 6 of 8 Idaho Department of Correction The following steps will be taken when determining the appropriate sanction in response to a violation: Functional Roles and Responsibilities Step Tasks (CIS steps are in bold) PPO 1 Identify and confirm violation of terms and conditions of probation or parole or the Agreement of Supervision. PPO 2 Determine the appropriate sanction(s) using the IRM and Response Chart. In determining the appropriate level of sanction, the PPO will consider the following: • Response should be individualized based on what is meaningful to the offender. • Unintended consequences to the offender’s protective factors. • Higher risk offenders should not be mixed with lower risk offenders. • Are there aggravating or mitigating circumstances that would result in the application of a higher or lower level sanction than provided by the IRM, or is there a specific behavior or specific response required by the IRM (if yes, proceed to step 4; if no, proceed to step 6)? PPO 3 Staff with a supervisor if a sanction needs to be imposed that will result in an arrest, the imposition of discretionary jail time, or a report of violation. District Manager (or designee) 4 Review the facts of the case, determine whether the response is appropriate, approve or disapprove the sanction. District Manager (or designee) 5 Document staffing and approval or disapproval in CIS by entering a case update with a note title of “Sanction Staffing”. Provide a summary of the case that has been staffed with the officer and supervisor. PPO 6 Impose the sanction if approved. In imposing the approved sanction the officer shall do the following: • Advise the offender of the behavior for which they are being sanctioned and explain that continuing the behavior will result in escalated sanctions. • Maintain contact with the offender to ensure the offender’s compliance with and completion of the sanction. PPO 7 Document this interaction in CIS by entering a supervision contact with an IRM attachment. Control Number: 701.04.02.020 Version: 2.0 Title: Use of the Idaho Response Matrix Page Number: 7 of 8 Idaho Department of Correction 9. Reporting Requirements PPOs are required to submit a report to the court or the Parole Commission (with a courtesy copy to the prosecutor and last defense attorney of record) within 5 business days, under the following circumstances: • Charge for a new felony or serious misdemeanor crime (DUI, act of violence, etc.) • Imposition of discretionary jail time • Any level 3 response (sanction) • 9 or more violations points within a rolling 6 month period A report can be a Special Progress Report, Report of Violation, or a short memo that describes the violation(s) and the response(s) and can be submi tted electronically to all parties. PPOs are also encouraged to provide written documentation to the court and the Parole Commission that outlines the positive progress offenders are making on supervision. DEFINITIONS Community Supervision: The regular, systematic control and guidance of offenders who are (1) placed on probation or parole or (2) under the jurisdiction of the courts and/or the Commission of Pardons and Parole. Discretionary Jail Time (DJT): A suspended jail sentence - ordered as a condition of probation or parole - to be imposed at the discretion of the supervising probation and parole officer. Idaho Response Matrix (IRM): A matrix of graduated sanctions and rewards that provides for responding swiftly and certainly to offender violations of or compliance with the terms and conditions of probation or parole imposed by the court or the Commission of Pardons and Parole and set forth in the Agreement of Supervision with the intent to promote long-term behavioral change. Offender: A person under the legal care, custody, supervision, or authority of the Board of Correction, including a person within or without the State of Idaho pursuant to agreement with another state or contractor. Parolee : An offender who (1) is released from a fac ility by the paroling authority prior to the completion of his sentence, (2) agrees to comply with certain conditions established by the paroling authority, and (3) remains under the control of a probation and parole officer for the established period of supervision. Probationer: An offender who the courts allow to continue to live and work in the community--instead of being sent to prison--while being supervised by a probation and parole officer for an established period of time. Reward: An incentive offered to an offender in r esponse to compliance with the terms and conditions of probation or parole or identified evidence of positive behavior change. Control Number: 701.04.02.020 Version: 2.0 Title: Use of the Idaho Response Matrix Page Number: 8 of 8 Idaho Department of Correction Sanction: A penalty imposed by the supervising officer for non-compliance with the terms and conditions of probation or parole. Serious Misdemeanor: any misdemeanor offense that includes, as an element of the offense or as part of the underlying facts: (1) physical contact with, or injury to, the person of another; or (2) the use of a weapon to cause or threaten harm to another, or (3) driving under the influence (DUI). Violation: An offender’s failure to comply with the terms or conditions of supervision. REFERENCES Idaho Response Matrix – End of Document –