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Individuals with Mental Illnesses in the Criminal Justice System: Addressing Both Criminogenic Risks and Mental Health Needs Jennifer Skeem, Ph.D. November 18th, 2009 Justice and Mental Health Collaboration Program Webinar + Overview; introducing criminogenic risk into the policy discussion 1. Statement of the problem 2. Root of the problem 3. Model of intervention People with serious mental illness are overrepresented in U.S. criminal justice system 25 20 % Community men 15 Incarcerated men Community women Incarcerated women 10 5 Steadman, Osher, et al. (2009): 14% men and 31% women 0 Depression Schizophrenia Source: Teplin, 1990; Teplin, Abram, & McClelland, 1996 Bipolar Any Most have co-occurring substance abuse disorders % Without Co-Occurring Substance Use Disorders 28% % With Co-Occurring Substance Use Disorders 72% Source: The National GAINS Center, 2004 Most are supervised in the community…and often “fail” Probation Prison Parole Jail Sources: Bureau of Justice Statistics (2007); Skeem, Emke-Francis, et al. (2006) “The current situation not only exacts a significant toll on the lives of people with mental illness, their families, and the community in general, it also threatens to overwhelm the criminal justice system.” -Council of State Governments Criminal Justice/Mental Health Consensus Project (2002) + Overview; introducing criminogenic risk into the policy discussion 1. Statement of the problem 2. Root of the problem 3. Model of intervention The perceived root of the problem “People on the front lines every day believe too many people with mental illness become involved in the criminal justice system because the mental health system has somehow failed. They believe that if many of the people with mental illness received the services they needed, they would not end up under arrest, in jail, or facing charges in court” Implicit model of “what works” Specialty program-Treatment mandate Psychiatric treatmentSymptom control or reduction Reduced recidivism Symptom change often unrelated to recidivism Same as in multi-site jail Not revoked Revoked M=diversion & mental health court M= -1.29, sd= .60 1.23, sd= .80 evaluations Steadman & Naples (2005); Steadman et al. (2009) Skeem et al. (2009) Research indicates that the root of the problem is more complex • Increased mental health services often do not translate into reduced recidivism, even for “state of the art” services – Caslyn et al., 2005; Clark, Ricketts, & McHugo, 1999; Skeem & Eno Louden, 2006; Steadman & Naples, 2005 • Untreated mental illness is a criminogenic need for only a small proportion of offenders with serious mental illness – Junginger et al. (2006), Peterson et al. (2009) • Strongest criminogenic needs are shared by those with- and without- mental illness – Bonta et al., (1998); Skeem et al. (2009) Offenders with mental illness have significantly more “central 8” risk factors for crime 60 58 56 54 ** 52 50 PMI 48 Non-PMI 46 44 42 40 LS/CMI Tot ….and these predict recidivism more strongly than risk factors unique to mental illness (e.g., diagnosis, symptoms, treatment compliance) Source: Skeem, Nicholson, & Kregg (2008) “Central eight” for criminal behavior (Andrews, 2006) Risk Factor Need History of criminal behavior Build alternative behaviors Antisocial personality pattern*** Problem solving skills, anger management Antisocial cognition* Develop less risky thinking Antisocial peers Reduce association with criminal others Family and/or marital discord** Reduce conflict, build positive relationships Poor school and/or work performance* Enhance performance, rewards Few leisure or recreation activities Enhance outside involvement Substance abuse Reduce use ***p <.001, **p <.01, *p <.05, PMI > Non-PMI, Skeem, Nicholson, & Kregg (2008) Integrating alternative views about the root of the problem • Some people with serious mental illness may “engage in offending and other forms of deviant behavior not because they have a mental disorder, but because they are poor. Their poverty situates them socially and geographically, and places them at risk of engaging in many of the same behaviors displayed by persons without mental illness who are similarly situated” – Fisher et al. (2006), p. 553 Moderated Mediation Effect of Mental Illness on Criminal Behavior Moderator Evidence-based psychiatric services (age of onset for criminal behavior?) (late?) (early?) Evidencebased corrections Direct Relationship Fully Mediated Relationship (One-Dimensional Model) (Criminological & Social Psychological Models) (Untreated) Mental Illness Criminal Behavior Skeem, Manchak, & Peterson (2009) Mental Illness Third Variable General Risk Factors Criminal Behavior + Overview; introducing criminogenic risk into the policy discussion 1. Statement of the problem 2. Root of the problem 3. Model of intervention Evidence-based corrections - Target: recidivism • Focus resources on high RISK cases • Target criminogenic NEEDS like anger, substance abuse, antisocial attitudes, and criminogenic peers (Andrews et al., 1990) • RESPONSIVITY - use cognitive behavioral techniques like relapse prevention (Pearson, Lipton, Cleland, & Yee, 2002) – Consider packaged programs like “Reasoning and Rehabilitation” (Young and Ross, 2007) • Ensure implementation (Gendreau, Goggin, & Smith, 2001) Some evidence-based psychiatric services - Target: symptoms & functioning • http://mentalhealth.samhsa.gov/cmhs/CommunitySupport/to olkits/about.asp – Integrated dual diagnosis treatment (IDDT) – Supported employment • http://consensusproject.org/updates/features/GAINS-EBPfactsheets – Supported housing – Trauma interventions High: Increase emphasis on EBP for mental health Example: Good supervision + IDDT Integration of EBPs for mental health and corrections Example: RNR supervision + IDDT High: Increase emphasis on EBP for corrections Good supervision + good treatment Example: RNR supervision + good treatment What to do… Screen and assess • Identify offenders with mental illnesses, using a validated tool like the K-6 or BJMHS – http://www.hcp.med.harvard.edu/nc s/k6_scales.php – http://gainscenter.samhsa.gov/HTML /resources/MHscreen.asp – Or MAYSI, for youth http://www.maysiware.com/MAYSI2 Research.htm • Target criminogenic risk & clinical needs with EBPs Assess risk of recidivism, using a validated tool like the LS/CMI (includes youth version) Example: Good supervision + ACT Example: RNR supervision + ACT Good supervision + good treatment Example: RNR supervision + good treatment What to do… Coordinate or Integrate Above all • Particularly for high risk, high need cases • Avoid bad practices – But…target RISK – Low thresholds for revocation – Sanction threats – Authoritarian relationships Skeem, J., Manchak, S., & Peterson, J. (2009). Correctional policy for offenders with mental illness: Moving beyond the one-dimensional approach to reduce recidivism. Under review Compliance strategies Consider “Mike” Traditional Not Traditional – Bark at him…chew him up one side and down the other...you basically lie to them, “You’re looking at prison” – …talk with him to identify any obstacles to compliance (like transportation problems), remove those obstacles, and agree on a compliance plan. • The “big bluff”- threats and reminders • Problem-solving strategies Talked with you to figure out the reasons for any problems...listened Tried to convi nce you that you would feel better if you stayed out of troubleÉ Talked with you to help find a solution to a problem that you agreed on... Reminded you of the conditions of probation orÉ Praised or rewarded you when you've followed the rules Told you th at if you followed the rules, you wouldn't have to meetÉ Met w ith you and your therapist or case manager to try to solveÉ Asked or got the judge to put in jail for a short time Asked or got the judge to revoke your probation Scolded or punished you when you've broken the rules Took you i n for a court appearance to show that you c ould go to jail if É Told you th at if you didn't follow the rules, you would go to jail or prison. Made you report ( meet with him/her) more often Tried to get you hospitalized Traditional Nontraditional Compliance strategies Prob Sanction Solv /+ /.77 .76 .75 .54 .34 .52 .41 .32 .73 .70 .66 .55 .25 .47 .45 .27 Negative pressure predicts failure over 12 months (bad is stronger than good) **p<.01, ***p <.001: Manchak, Skeem, et al., 2008 Relationship quality Colors every interaction and affects outcomes Authoritarian Relational • • • • “The first time I met this particular probation officer, he let me know that he owns me…” “The first time I met him, he threatened to put me in prison…I got so damned scared, okay? And I didn’t do anything” “He is chuckling to the other one…and nods his head over towards me and says, ‘You can tell when he’s lying cause his lips are moving.’” • • “Actually the first question he asks when I step into his office is, ‘How are you doing?’ And he really wants to know…” “For me, we all need encouragement sometimes to do the right thing – and it’s okay with me as long as it’s done in the right way…talk to me first of all…if you think that I’m going in a direction that you feel is going to be harmful to me” “She talks to me the right way” A closer look at dual role relationship quality • Relationship quality in mandated treatment – Therapeutic role – Surveillance role Controlling Caring Skeem, Eno Louden, Polaschek, & Camp (2007); Skeem & Manchak (2008); Kennealy, Skeem, et al. (2009) .83 X cares about me as a person .78 I feel safe enough to be open and honest… .78 X explains what I am supposed to do… .77 I feel free to discuss the things that worry… .84 X tries very hard to do the right thing by me Trust .78 X trusts me to be honest with him or her .83 When I’m having trouble, X talks with me… .75 X knows that he or she can trust me .74 If I break the rules, X calmly explains what… .87 X is someone I trust .81 X is enthusiastic and optimistic with me .87 X encourages me to work with him or her .90 .86 X really considers my situation when… .85 X seems devoted to helping me overcome… .85 X is warm and friendly with me CaringFairness .87 X treats me fairly .90 X really cares about my concerns -.88 -.76 Dual-Role Relationship Inventory .78 X praises me for the good things I do (CFI=.91) .76 If I’m going in a bad direction, X will talk… .86 I know that X truly wants to help me .79 X expects me to do all the work alone… .85 X considers my views .83 X gives me enough of a chance to say… .86 X takes enough time to understand me Toughness .77 X makes unreasonable demands of me .87 I feel that X is looking to punish me .87 X takes my needs into account .78 X puts me down when I’ve done…wrong. .85 X shows me respect in absolutely all… .76 X talks down to me Firm but fair relationships help protect against failure over 12 months *** *p<.05; **p<.01 *** Justice Center Publications http://consensusproject.org/issue_areas/corrections + Thanks [email protected] MacArthur Research Network Council of State Governments Justice Center Criminal Justice and Mental Health Lab Probationers, officers, and supervisor participants Thank You! The webinar recording and PowerPoint presentation will be available on www.consensusproject.org within a few days. This material was developed by presenter for this webinar. Presentations are not externally reviewed for form or content and as such, the statements within reflect the views of the authors and should not be considered the official position of the Bureau of Justice Assistance, Justice Center, the members of the Council of State Governments, or funding agencies supporting the work.