The Principle by pengxiuhui

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									    Center for Effective Public Policy

The Importance of Data and
Information in Achieving Successful
Criminal Justice Outcomes
By Madeline M. Carter
Revised January 2006
                                                                        in as much as public transit routes to the key
Introduction                                                            employment sectors may be insufficient, or
                                                                        vouchers for travel on city buses for newly
It is the third Friday of the month. Gathered                           released offenders might be possible.
together in the Department of Correction’s                              Although the ultimate outcomes these teams are
conference room is a twenty-person team                                 striving to achieve – increased public safety –
considering more effective release practices for                        are clearly similar, their missions, or method to
adults and juveniles leaving state confinement.                         accomplish this end, are quite different.
Some of the team members are expected: adult                            The complexity of their work also varies.
and juvenile probation and parole staff,                                Establishing a system wide approach to prisoner
correctional release planners, and social                               reentry that brings to bear all of the necessary
workers. But this group’s membership is much                            resources and services, both public and private,
broader than correctional staff. Its membership                         is a vastly different undertaking than beginning a
also includes the Departments of Transportation;                        skill building program in a single facility.
Health; Mental Health; Children and Family
Services; the Community Services Board,                                 And yet, if there is one thing these teams have
representing a network of private service                               in common, it is the need for information to
providers; the Housing Authority; the Workforce                         support their decision making processes.
Investment Board; the Victim’s Coalition; the
Court; the Defense Bar; and the state
Prosecutor’s Office. What brings this diverse                           The Need for Data and
group of individuals to a single table? They
share a common concern: reducing the rapid                              Information to Support
return of offenders to confinement following their
release from custody.
                                                                        Policy Decisions
Across the border in a neighboring state, a                             This paper will not attempt to make the case for
similarly composed group is working to establish                        the need for thoughtful strategic planning. Nor
vocational and educational services for detained                        will it attempt to address the benefits of
juveniles. In other communities, groups are                             conducting that planning process in a
working on concerns as diverse as the                                   collaborative setting, drawing together the
establishment of enhanced, gender-responsive                            individuals and agencies that affect or are
interventions for female offenders, implementing                        affected by the problems or outcomes the
evidence-based programming, and improving                               planning process will address. Other documents
                                                                                                     1
the performance of drug courts.                                         serve these purposes well. Rather, this
                                                                        monograph will focus on the rationale for using
These teams are likely to differ in many ways.                          data to inform policy development – the role of
                                                                        data and information in policy development –
Their composition depends on the issues they                            and its sources.
are considering; while the Department of
                                                                        1
Transportation may not play a critical role in the                        For more information about these issues,
establishment of gender-responsive programs,                            please see the Additional Resources section of
they certainly play a vital role in offender reentry,                   this paper.

This document was developed under grant number SJI-99-N-039-U03-1 from the State Justice Institute. The points of view
expressed are those of the authors and do not necessarily represent the official position or policies of the State Justice Institute.
                                                          continuously. Using a mallet, the game player is
Good Intentions, Bad                                      challenged to whack that mole back into his hole
Results                                                   – whichever one he might pop through at a
                                                          given moment.
Consider for a moment the following: Following
a successful grant application process, a county          Often our approach to persistent problems
agency receives a grant to establish specialized          seems to resemble that game of whack a mole.
programming services for developmentally                  We spend our days whacking mole heads with
delayed juvenile sex offenders. A group of                our mallet. We may whack 25, 30, even 50
knowledgeable professionals work together to              moles a day! By day’s end, we are exhausted,
gather information on state-of-the-art                    but encouraged. We have battled the moles,
approaches to service delivery with this                  and pushed them all back into their respective
population. They design a program based upon              holes. Problem solved, right? Wrong. How
this information, hire staff, and make known the          often do we stop to consider, ―Why do those
availability of these services. After six months in       moles keep popping their heads up?‖ Stated
operation, the program has served a total of              another way, too often we jump to solutions,
seven persons; considerably fewer than the fifty          working furiously to push that mole head back
clients envisioned for this time period.                  into his hole, all the while failing to appreciate
                                                          the reason the mole head continues to appear.
What went wrong? Was the program poorly                   Consider the following:
designed? Poorly marketed? Located so as to
make services inaccessible to those in need?              A county-based policy team, recognizing
                                                          decreasing numbers of victims voluntarily
In reality, none of these issues represented the          participating in court proceedings, concluded the
true problem. A critical analysis of the                  ―solution‖ to this ―problem‖ was to enhance
community revealed two important factors that             victim advocacy through increased capacity.
had been initially unknown to the program                 Certainly victims would participate in the court
designers: Given the program’s admission                  process if they felt truly supported, and who
criteria, only about thirty offenders per year            better to provide that support than advocates?
would be eligible for the program in the first            This solution had an obvious resolution:
place. And second, unbeknownst to the                     additional advocacy positions. Victim surveys
implementers, a similar program with a capacity           and interviews were conducted to demonstrate
sufficient to meet 75% of the county’s service            the demand for these additional services. But in
needs for this population already existed. In             so doing, a surprising piece of information
short, this program was established based upon            surfaced. Universally, victims indicated that
false assumptions that doomed the program to              their frustration with the system was not in the
failure. A decision to implement a particular             lack of advocacy services; rather, their concerns
service was based upon anecdotal information –            were related to the frequency with which
and in this case, a unique funding stream –               postponements were granted, the overall
rather than on data that clearly indicated that           processing delays that resulted in time away
investment of time and money in this way would            from work and family, and the ongoing stress
prove valuable.                                           related to court appearances and the lack of
                                                          resolution of their cases. In this instance, the
                                                          team had completely misdiagnosed the problem.
Valuing Information to                                    In fact, they had themselves grown so
                                                          accustomed to continuances and delays that
Define Solutions versus                                   they were completely unaware of the extent of
Playing the “Whack a Mole”                                the problem and were surprised to learn of its
                                                          impact on victim participation in court
Game 2                                                    proceedings. The team’s information gathering
                                                          process resulted in their discovery of the root of
Perhaps you are familiar with the arcade game             the problem they were convened to address.
called ―Whack a Mole.‖ This game consists of a            With a clear understanding of their goal—to
dozen or so mole holes, through which a pesky             increase victim participation in court proceedings
and persistent mole insists on appearing                  and the knowledge of the true problem, routine
                                                          discretionary continuances—the team was able
2
                                                          to set to work, focusing not on acquiring
 Credit for the ―Whack a Mole‖ metaphor goes              resources for additional positions, but instead,
entirely to my colleague Richard Stroker.



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on improving court processing time. By looking
underneath the surface, they were able to stop
                                                        Identifying the Critical Data
the mole from popping its head up again and             Needs of a Policy Team
again.
                                                        Obviously the data needs of an individual team
                                                        have everything to do with the work they are
Using Data to Inform                                    undertaking. Typically teams fall into one of two
Decision Making                                         categories.

With this lens, consider the team in the DOC            Teams Established to Improve Overall System
conference room. If their mission is to improve         Functioning and Outcomes.
successful outcomes with offenders through
enhanced reentry services, what must the team           Multidisciplinary groups are often commissioned
first know about their justice and public and           or self-appointed to oversee the implementation
private service systems, and about their offender       of broad reaching system enhancements.
population, to make system enhancement                  Examples of these include teams established to
decisions? Probably many, many things,                  examine and improve the use of intermediate
including:                                              sanctions to reduce jail and prison bed demands
                                                        on the adult side, or to assure community-based
                                                        services for juveniles in lieu of detention on the
     The number of offenders released to the
                                                        juvenile side. Other teams may be established
      community each month and their:
                                                        under the broad rubric of; for example,
       o Access to affordable, appropriate
                                                        ―enhancing adult and juvenile sex offender
          housing;
                                                        management,‖ implying potential activity in the
       o Need for community-based aftercare
                                                        areas of sexual assault investigation,
          services, such as substance abuse,
                                                        prosecutorial practices, offender assessment,
          mental health treatment, and medical
                                                        community supervision, treatment, reentry, sex
          services;
                                                        offender registration, and so on.
       o Readiness to step into the job
          market;
                                                        In these instances, to be effective and
       o Ability to obtain transportation to
                                                        comprehensive in their work, these teams must
          work, the parole office, and
                                                        engage in equally broad information collection
          counseling appointments, whether by
                                                        and analysis processes. But no jurisdiction
          private vehicle or public transit; and
                                                        operates in the luxury of endless time or
       o Level of risk, which will dictate the
                                                        resources. Given, then, that both hard and soft
          extent of accountability and services
                                                        resources are limited, how can we best
          needed.
                                                        determine the most effective methods to
                                                        ―enhance adult and juvenile sex offender
Without this information, the team would be left
                                                        management,‖ or establish which intermediate
to make gross estimates about the adequacy of
                                                        sanctions offer the promise of reducing bed days
their service delivery systems, turning to their
                                                        without jeopardizing public safety? Teams
housing partners and indicating ―More
                                                        interested in answering these questions would
transitional and permanent beds are needed,‖
                                                        likely pursue data and information across a
but not being able to say, ―We have 114
                                                        wide-ranging spectrum including information
offenders scheduled for release over the next
                                                        about statutory requirements for managing sex
four months who have chronic and persistent
                                                        offenders, state-of-the-art practices in risk
substance abuse histories. Their home
                                                        assessment for this population, the extent to
communities are Brighton, Pittsfield, and
                                                        which the jurisdiction’s sex offender specific
Pembroke. Sixty-three of these offenders have
                                                        treatment services comport with evidence-based
completed 18 months of treatment in prison,
                                                        practices, the ways in which community
have no permanent housing or transportation,
                                                        notification requirements are implemented in
but are prepared to participate in residential
                                                        each of the police districts, and so forth.
aftercare treatment.‖
                                                        These answers can only come from a broad
                                                        system assessment. Such an assessment is
                                                        likely to include the collection of data along five
                                                        key dimensions:




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System Mapping: System mapping documents                  to change to accommodate system
the processing of cases through the criminal              enhancements.
justice system. System maps visually represent
how the system operates; they are often                   Teams Established to Enhance Specific
enhanced with additional information such as              Services or Solve Discrete Problems.
key decision makers and decision points, the
duration between system ―steps,‖ and the                  Some teams are established as problem
volume of cases flowing through the system in a           resolution teams. These teams have a narrower
given period.                                             task. Rather than assessing policy and practice
                                                          across diverse issues and agencies, they
Population Analysis: An offender population               typically have a specific area of inquiry or issue
analysis involves a detailed examination of the           to address. Examples of these include:
number and type of offenders in the system,               decreasing the rate of parole and probation
their ―profiles,‖ and the outcomes of their cases.        violations, improving family involvement in teen
                                                          court, or establishing benchmarks for drug court
Resource Inventory: A resource inventory                  graduation.
provides a detailed examination of the service
resources in a given community to address a               In these instances, data collection and analysis
particular problem.                                       will be focused more specifically on a single
                                                          service (such as mental health services for the
Policy Analysis: Policy analyses involve a                jailed population), a subset of the offender
careful review of the formal policies that dictate        population (incarcerated females who are
specific decisions, and the mandated                      primary custodians of their children), or an
procedures that operationalize those policies.            identified issue (establishment of an intake
                                                          center) or problem (reducing the rate of failures
Practice Analysis: Practice analyses involve a            to appear). Rather than seeking information on
careful review of the ways in which decisions,            broad system issues such as ―How can we
actions, and procedures are carried out on a              improve our use of all of the intermediate
day-to-day basis, and whether these are                   sanctions available in our jurisdiction?,‖ these
formally sanctioned by policy or informally               teams will want answers to more targeted
practiced without a policy mandate.                       questions, such as ―What proportion of the
                                                          population under supervision violates their terms
Taken together, this expansive analysis will              and conditions of supervision? Are these
describe how the justice system operates, the             violations for technical (non-compliance) matters
population of offenders being served, the                 or for new crimes? How long are they typically
services available to address offenders’ level of         on supervision prior to the violation? Have there
risk and needs, and the policies and practices            been previous violations? Were prior violations
that guide individual agencies in their work.             documented and responded to appropriately?
                                                          What options are available to sanction violation
This information is essential to the identification       behavior?‖ These and other similar questions
of system gaps; it is also essential to                   would lead the policy team through an in-depth
understanding the impact specific solutions will          inquiry regarding a specific aspect of work.
have, or how best to integrate those solutions
into the existing system of offender                      A prerequisite to data collection for these teams
management. For example, with a clear                     is the development of a series of questions
understanding of the offender population and the          about the information the team ultimately needs
resources available to serve them, it would be            to inform its deliberations and decision making.
relatively easy to determine the extent to which          By creating a list of the information that is
additional substance abuse treatment capacity is          desired, the specific data elements to be
needed in prison or in the community. With a              collected to address these questions can be
system map in hand, it would also be possible to          determined, as can how best to collect these
determine the most appropriate points to assess           data. For example, if the team’s mission is to
for the need for these services. The policy and           increase sanctioning options for repeat low-level
practice analysis would provide an essential              drug offenders to avoid the use of costly jail or
level of understanding of agency operations,              prison beds, the team would likely generate a list
assuring that new processes or services could             of questions about this sub-set of their drug
be adopted or, at the very least, understanding           offender population (such as their mean age,
the ways existing policy or practice would need           drug abuse history, previous participation in




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treatment, and residency), the sanctions
presently available (including the length and
                                                           Additional Resources
type of services available, program capacity,
and program performance data), and applicable              For more information on data collection and
policy questions (such as statutorily mandated             analysis and the benefits of thoughtful strategic
sentences for drug offenders, treatment program            planning through a collaborative planning
eligibility and exclusionary criteria, and                 process, see:
prosecutorial bargaining practices for drug
crimes). More specific data questions will flow            Ney, B., & McGarry, P. (In Press). Getting It
from these and will form the basis of the data             Right: Collaborative Problem Solving for
and information collection plan. Ultimately, the           Criminal Justice. Silver Spring, MD: Center for
analysis of these data will lead to informed               Effective Public Policy.
decision making around expansion of new
programs, creation of new services,                        Carter, M. (2005). The Emergence of
modifications in the disposition of these cases,           Collaboration as the Preferred Approach in
and the like.                                              Criminal Justice. Silver Spring, MD: Center for
                                                           Effective Public Policy.

The Value of Information                                   Carter, M., & Morris, L. (2002). Managing Sex
                                                           Offenders in the Community: A Handbook to
and the Data Analysis                                      Guide Policymakers and Practitioners Through a
                                                           Planning and Implementation Process. Silver
Process                                                    Spring, Maryland: Center for Effective Public
                                                           Policy, Center for Sex Offender Management.
It is clear to see the value of specific and
measurable information in the many policy                  Carter, M. (Ed.). (2001). Responding to Parole
decisions described in this paper. How else can            and Probation Violations: A Handbook to Guide
we understand with any measure of accuracy                 Local Policy Development. Silver Spring,
the adequacy of our current services in making             Maryland: Center for Effective Public Policy.
communities healthier, victims safer, and
offenders less likely to repeat their crimes?              McGarry, P., & Carter, M. (1993). The
Good information has at its root carefully                 Intermediate Sanctions Handbook: Experiences
constructed inquiries of analysis. And these               and Tools for Policymakers. Silver Spring,
stem from having the right stakeholders at the             Maryland: Center for Effective Public Policy.
table and a collaborative, deliberative process in
place to wrestle with the many policy
considerations that are at issue. The rest of the          A Note to Readers
work related to the data – identifying specific
data elements, determining whether automated               This document was developed under grant
systems can generate the desired information or            number SJI-99-N-039-U03-1 from the State
manual collection is necessary, developing data            Justice Institute. The points of view expressed
collection instruments and coding guides, and so           are those of the authors and do not necessarily
on – while complicated and time consuming, is              represent the official position or policies of the
truly a simple matter of technical expertise.              State Justice Institute.
The true value of this work in enterprises as              The Center for Effective Public Policy is
complex as our criminal and juvenile justice               administering a national training and technical
systems is the team process. For it is through             assistance project, entitled the National
the process of discovering together – exploring            Resource Center on Collaboration in the
an issue, looking at its many facets, gathering            Criminal and Juvenile Justice Systems. This
information to shed light on it, analyzing the             project, sponsored by the State Justice Institute,
meaning of the findings, asking new questions,             along with several federal partners including the
and exploring the possibilities that emerge as             National Institute of Corrections and the U.S.
potential solutions – that highlights and fertilizes       Department of Justice, Office of Justice
the common ground upon which the team                      Programs, is assisting selected jurisdictions in
stands. From this foundation, much is possible.            building stronger collaboratives as they seek to
                                                           enhance justice in their communities. This is the
                                                           second in the series of articles produced under
                                                           this project.



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Contact Information
Madeline M. Carter, Principal
Center for Effective Public Policy
8403 Colesville Road, Suite 720
Silver Spring, MD 20910
Phone: (301) 589-9383
Fax: (301) 589-3505
Web site: www.cepp.com




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