July 1999

NCJ 166606
U.S. Department of Justice

Office of Justice Programs

810 Seventh Street, N.W.

Washington, D.C. 20531

Janet Reno

Attorney General

Raymond C. Fisher

Associate Attorney General

Laurie Robinson

Assistant Attorney General

Noël Brennan

Deputy Assistant Attorney General

Kathryn M. Turman

Acting Director, Office for Victims of Crime

Office of Justice Programs

World Wide Web Homepage:

http://www.ojp.usdoj.gov

Office for Victims of Crime

World Wide Web Homepage:

http://www.ojp.usdoj.gov/ovc/

For grant and funding information contact:

Department of Justice Response Center

1–800–421–6770

NCJ #166606

This document was prepared by the American Probation and Parole Association in cooperation with the Council

of State Governments, under grant number 96-VF-GX-K001, awarded by the Office for Victims of Crime, Office of

Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusion or recommendations expressed

in this document are those of the authors and do not necessarily represent the official position or policies of the U.S.

Department of Justice.

The Office for Victims of Crime is a component of the Office of Justice Programs, which also includes the

Bureau of Justice Assistance, the Bureau of Justice Statistics, the National Institute of Justice, and the Office of

Juvenile Justice and Delinquency Prevention.
Message from

The Director

During the past two decades, the victim rights movement has made tremendous progress

toward securing fundamental justice and comprehensive services for all crime victims.

Despite its progress, victim rights and services have still not become fully commonplace

and routine practices. Many crime victims not only have to cope with the trauma of

the crime but also must cope with the treatment they receive from the criminal justice

system (i.e., law enforcement, prosecution, courts, corrections, probation, and parole).

Promising Victim-Related Practices and Strategies in Probation and Parole focuses on the

function of probation and parole agencies and how they can effectively serve crime victims.

Historically, probation and parole practices have been offender-directed and have ignored or

passively responded to the concerns of crime victims. While offender supervision strategies

are aimed at protecting the public as a whole from further victimization, the interests of

individual victims often are lost under the mass of paperwork and growing caseloads of

offenders. This document addresses ways probation and parole can change from simply

offender-directed to a balanced approach, addressing the unique needs of each of the key

players, including victims. There is a need for probation and parole to look at victims as

their clients whose needs should be served. For example, probation and parole can inform

victims of the offender’s custody status and inform them that offenders will be held

accountable for their actions. These actions validate the trauma victims have suffered

and contribute greatly to the healing process.

This document also acknowledges that in order for probation and parole to be more effective

in its role to serve the crime victim and the public, an education process needs to take place

within the community. Often the public is only aware of probation and parole after an

offender has committed a heinous crime while on probation or parole. It is important for

the public to hear about probation and parole programs that are committed to protecting

public interests. In addition, as demonstrated throughout this document, probation and

parole agencies can, and often do, provide valuable services to victims of crime. This

document has collected many of the “promising practices” that contain elements all agencies

should strive to implement in their own programs in order to provide more victim-related

services. OVC also hopes that when probation and parole agencies provide victim-centered

services, the agencies will in turn develop partnerships with other criminal justice entities

thus forging a collaborative approach to serving victims and communities.

As a result of OVC’s commitment to improve the policies and procedures that serve crime

victims, OVC provided funding for the project that identifies Promising Victim-Related

Practices and Strategies in Probation and Parole. This publication draws on the ideas and

experiences of many community corrections and victim services professionals who provide

services to victims of crime across the nation. OVC commends the staff and consultants

from the American Probation and Parole Association (APPA), in cooperation with the

Council of State Governments for their contributions in the writing of this document.

Kathryn M. Turman

Acting Director

Office for Victims of Crime

Acknowledgments

OVC would like to offer special thanks to authors Tracy M. Godwin and Anne Seymour

with Ann H. Crowe and Brett Macgargle for their contributions in writing this document.

The staff and consultants from the American Probation and Parole Association (APPA),

in cooperation with the Council of State Governments (CSG) designed and developed this

document.

This publication draws on the ideas and experiences of many community corrections and

victim services professionals who provide services to victims of crime across the nation.

It would be impossible to acknowledge individually all who contributed; however, we would

like to express our appreciation to all of those who sent in program materials, responded to

APPA’s Promising Victim-Related Practices in Probation and Parole application, and took

the time to discuss their programs and answer numerous questions.

The following individuals provided consultation in the review of this document.

Their contributions and support are greatly appreciated.

Ellen Halbert

Editor

Crime Victims Report

Austin, Texas

Carolyn Andersen

Senior Probation Officer

West Valley City, Utah

Emily Smith

Judicial District Manager, 15A

Division of Adult Probation and Parole

Burlington, North Carolina

Ed Mansfield

Program Manager

Maricopa County Adult Probation Department

Phoenix, Arizona

Jim Sinclair

Assistant Director

Tarrant County Community Supervision and Corrections Department

Fort Worth, Texas

Special thanks and acknowledgments also are extended to Carl Wicklund, APPA Staff

Director and Mistene Stuban, Administrative Assistant for their unwavering support and

assistance throughout the development of this manual.

Executive Summary

Historically, probation and parole practices have been offender-directed and have ignored or

passively responded to the concerns of crime victims. While offender supervision strategies

are aimed at protecting the public as a whole from further victimization, the interests

of individual victims often are lost under the mass of paperwork and growing caseloads

of offenders. Promising Victim-Related Practices and Strategies in Probation and Parole

addresses ways probation and parole can change from simply offender-directed to a balanced

approach, addressing the specific needs of each of the key players, including victims.

Probation and parole agencies are in a unique position to provide services to victims.

First, probation and parole agencies have access to both general and offender-specific

information that could address victims’ need for information and concerns. A victim would

profit from understanding how probation and parole works; knowing an offender’s custody

status, and understanding that offenders will be held accountable for their actions either

through payment of restitution or other supervisory conditions. The payment of restitution

is therapeutic; it holds offenders accountable for the harm they caused and assists in helping

the victim reconstruct his/her life through monetary compensation. Second, victim–offender

mediation programs may be a helpful therapeutic agent in individual cases. Involvement

in mediation programs may help both the victim and the offender realize things about each

other that can change their perspectives and assumptions (i.e., the offender’s perception that

no harm was caused, and the victims’ misconception of “offenders as demons”). Probation

and parole agencies can provide the information that would lead victims and offenders to

participate in restorative justice practices. These actions validate the trauma victims have

suffered and contribute greatly to the healing process.

While the primary goal for achieving justice may be through the provision of supervision

and services to offenders, probation and parole agencies also can provide valuable services

to victims of crime. Some of the more common victim services include the following:

• Assessment of victim impact.

• Victim notification.

• Restitution collection.

• Referrals to services.

• Victim protection.

• Education about probation and parole.

More innovative services now include victim/offender mediation, circle sentencing, and

victim impact panels. The need for training staff on the impact of crime on victims, related

issues, and the need to identify ways to respond to probation and parole professionals who

are victimized on- or off-the-job, are other areas that probation and parole agencies are

beginning to address.

The purpose of this compendium is to identify elements of exemplary victim-related probation

and parole practices and provide agencies with specific direction for the development and
implementation of promising victim-related services and programs. Topics to be discussed

in the following chapters are —

• Victim impact and victim notification.

• Restitution management.

• Victim–offender programs.

• Family violence.

• Workplace violence.

• Staff training on victim issues.

• Community relations and outreach strategies.

It would be impossible to highlight the many different promising victim-related practices and

programs that have been implemented in probation and parole agencies nationally. A contact

list for each chapter is provided in Appendix I. Community corrections professionals are

encouraged to share information and promote the promising strategies and programs they

have implemented for crime victims and to obtain more specific and indepth information

from other agencies in the field.

More and more, probation and parole professionals are recognizing the importance of

placing the needs of crime victims on a level with the needs of offenders. The victims’ rights

movement continues to be a powerful force, and community corrections must respond to

those needs by providing the important services victims require to further the healing process.

As a result of its commitment to improve the policies and procedures that serve crime victims,

the Office for Victims of Crime (OVC), within the Office of Justice Programs, Department

of Justice provided funding for the project that identifies Promising Victim-Related Practices

and Strategies in Probation and Parole. The staff and consultants from the American Probation

and Parole Association (APPA), in cooperation with the Council of State Governments (CSG)

designed and developed this document. This document, however, also draws on the ideas and

experiences of many community corrections and victims services professionals who provide

services to victims of crime across the nation.
i

Contents

Contents

Chapter 1: Introduction ....................................................................................................... 1

A Continuum of Services ........................................................................................................ 1

A Victim’s Story ............................................................................................................... 2

The Current Status of Victims’ Rights .................................................................................... 5

Why Serve Crime Victims? ..................................................................................................... 7

The Role of Probation and Parole ..................................................................................... 7

Promising Victim-Related Probation and Parole Practices............................................... 9

Making a Commitment to Implement Victim Services ........................................................... 9

Purpose of This Compendium ............................................................................................... 10

How to Use This Compendium ............................................................................................. 11

Conclusion ............................................................................................................................. 11

Chapter 2: Impact, Notification, and Informational Services ....................................... 13

Introduction ........................................................................................................................... 13

Victim Impact/Input ............................................................................................................... 13

Key Elements for Soliciting Victim Input/Impact .......................................................... 14

Extending the Opportunity and Coordinating Services .................................................. 15

Methods of Delivery ....................................................................................................... 17

Written Statements ................................................................................................... 17

Oral, Audio, Video Statements ................................................................................. 20

Incorporating Victim Information into Agency’s Management Information .................. 21

Providing Training on Victim Impact Statements ........................................................... 21

Victim Notification and Informational Services ................................................................... 22

Key Elements for Victim Notification and Informational Services ................................ 23

Extending the Opportunity .............................................................................................. 23

Information to Provide to Victims .................................................................................. 24

Methods of Providing Notification and Informational Services ..................................... 24

Written Materials ...................................................................................................... 24

Tarrant County Community Supervision and

Corrections Department, Texas.......................................................................... 24

Toll-Free Numbers.................................................................................................... 25
ii

Contents

Automating the Notification Process ....................................................................... 25

Virginia Department of Corrections .................................................................. 26

Kentucky Department of Corrections ................................................................ 27

Tennessee Department of Corrections ............................................................... 28

Concerns to Address with Automated Callback Systems ........................................ 28

Using the Internet to Provide Information and Notification .................................... 28

Educating Local and State Victim Service Providers ..................................................... 29

Conclusion ............................................................................................................................. 29

Chapter 3: Restitution........................................................................................................ 31

Introduction ........................................................................................................................... 31

Collection of Restitution — An Agency Value ..................................................................... 32

Tarrant County Community Supervision and Corrections Department, Texas .............. 32

The Restitution Process ......................................................................................................... 33

Coordinated Interagency Approach ................................................................................ 33

Victim Involvement in the Development of Restitution Programs ................................. 34

Key Elements for the Management and Collection of Restitution........................................ 35

Assessing and Documenting Loss ......................................................................................... 36

Immediate Losses ............................................................................................................ 36

Medical Care ............................................................................................................ 37

Mental Health Services ............................................................................................ 37

Funeral Expenses ...................................................................................................... 37

Time Off From Work ................................................................................................ 37

Other Expenses ......................................................................................................... 37

Projected Expenses ......................................................................................................... 38

“To Be Determined” Restitution Orders ......................................................................... 38

Assessing the Offender’s Ability to Pay ......................................................................... 38

Management of Restitution ................................................................................................... 38

Specialized Staff ............................................................................................................. 39

Incorporating Restitution Strategies Within the Supervision Plan ................................. 39

Tarrant County CSCD, Texas — Personal Budgeting Course ................................. 40

Tarrant County CSCD, Texas — Employment Services Program ........................... 40

Montgomery County Community Supervision and Corrections Department,

Texas — Offender Employment Program (OEP) ..................................................... 41
iii

Contents

Establishing Offender Sanctions for Nonpayment of Restitution................................... 42

Automating the Restitution Process ................................................................................ 42

Florida Department of Corrections — Court-Ordered Payment System ................. 43

Utah Department of Corrections — Offender Obligation System ........................... 44

Washington Department of Corrections ................................................................... 46

Westchester County Adult Probation Department ................................................... 47

Restitution and Employee Proficiency............................................................................ 47

Restitution and Victim Compensation ................................................................................... 47

Improving the Rates of Collection: State Laws .................................................................... 49

Alternative Methods of Collecting Restitution ..................................................................... 50

Civil Judgments, Attaching Assets, Garnishing Wages .................................................. 50

Forfeiture of Bond Money .............................................................................................. 51

Restitution Centers .......................................................................................................... 51

Collections in Institutions ............................................................................................... 51

Acceptance of Credit Cards for Payment........................................................................ 52

Rebate Program ............................................................................................................... 52

Converting Restitution Order to Community Service..................................................... 52

Reimbursing Victims of Deceased Offenders ................................................................. 52

Parental Liability............................................................................................................. 53

Processing Unclaimed Victim Restitution ............................................................................. 53

Conclusion ............................................................................................................................. 54

Chapter 4: Victim–Offender Programs ........................................................................... 55

Introduction ........................................................................................................................... 55

Key Elements for Victim–Offender Programs ...................................................................... 56

Restorative Justice ................................................................................................................. 56

Practical Applications of Restorative Justice ................................................................. 60

Reparative Probation Boards .................................................................................... 60

Family Group Conferencing ..................................................................................... 61

Circle Sentencing ..................................................................................................... 62

Offender Apologies .................................................................................................. 63

Community Service .................................................................................................. 63

Staff Victimization and Restorative Justice ............................................................. 63
iv

Contents

Victim–Offender Mediation .................................................................................................. 64

Research on Victim–Offender Mediation ....................................................................... 66

Implications ..................................................................................................................... 67

Policy Implications ................................................................................................... 67

Program Implications ............................................................................................... 68

“Impact of Crime on Victims” Programs .............................................................................. 69

Course Description.......................................................................................................... 69

Instructor/Facilitator Selection ....................................................................................... 70

Resources to Develop the “Impact of Crime on Victims” Program ............................... 70

Victim Impact Panels ............................................................................................................. 70

Benefits for Offenders and Victims ................................................................................ 71

Program Coordination ..................................................................................................... 71

Resources for VIP Program Development ...................................................................... 71

Conclusion ............................................................................................................................. 71

Chapter 5: Family Violence ............................................................................................... 73

Introduction ........................................................................................................................... 73

Exploration of Problems and Issues ...................................................................................... 73

Extent of Family Violence .............................................................................................. 73

Consequences of Family Violence .................................................................................. 73

Impact on Victims ........................................................................................................... 74

Key Elements for Intervening with Victims of Family Violence .......................................... 75

Program Goals ....................................................................................................................... 76

Victim Protection and Empowerment ............................................................................. 76

Offender Supervision and Accountability ...................................................................... 77

Offender Behavior Change ............................................................................................. 77

Case Assessment ................................................................................................................... 78

Victim Assessment .......................................................................................................... 78

Offender Assessment ...................................................................................................... 83

Offender Supervision............................................................................................................. 84

Maryland Division of Parole and Probation Family Assault Supervision Team ............ 84

Case Classification .......................................................................................................... 86

Special Conditions of Release ............................................................................................... 87
v

Contents

Victim Services ...................................................................................................................... 90

Enforcement of Conditions of Probation or Parole ............................................................... 91

Trained Staff .......................................................................................................................... 92

Conclusion ............................................................................................................................. 95

Chapter 6: Responding to Workplace Violence and Staff Victimization ...................... 97

Introduction ........................................................................................................................... 97

Corrections and the Scope of Workplace Violence ............................................................... 97

Violence in Correctional Workplaces: Characteristics Unique to

Correctional Personnel Who Are Victimized ........................................................................ 98

Key Elements for Responding to Workplace Violence in Community Corrections ............. 99

Developing a Mission Statement, Goals, and Objectives for Post-Trauma Response ........ 100

Developing a Mission Statement .................................................................................. 101

Developing Program Goals and Objectives .................................................................. 101

Defining a Traumatic Incident................................................................................ 102

Developing an Agency Policy to Guide Post-Trauma Response .................................. 102

Developing an Agency Post-Trauma Program Protocol...................................................... 103

Victim Reconstruction: The Challenge for Community Corrections ................................. 103

Responses of Individuals and Agencies .............................................................................. 104

A “Tough” Job .............................................................................................................. 104

The Stigma of Victimization ......................................................................................... 104

Gender Bias ................................................................................................................... 104

 “Business as Usual” ..................................................................................................... 104

Involvement in the Criminal Justice System................................................................. 104

Worker Culpability ........................................................................................................ 105

Workers’ Compensation and Victim Compensation ..................................................... 105

Appropriate Treatment for Victims and Survivors of

Workplace Violence/Victimization...................................................................................... 106

Guidelines for Community Corrections Employees

Who Are Victimized in the Line of Duty...................................................................... 106

Developing a Brochure for Community Corrections Staff ........................................... 107

Confidentiality .............................................................................................................. 108

Utilizing Victim Services in the Community ................................................................ 108

Other Sources of Basic Support for Victimized Staff ................................................... 109
vi

Contents

Providing Appropriate Mental Health Referrals and Assistance ........................................ 110

Lack of Knowledge ....................................................................................................... 110

Lack of Resources ......................................................................................................... 110

Should Post-Victimization Incident Review/Treatment Be Mandatory? ...................... 110

Employee Assistance Program Referrals for Victimized Staff ..................................... 111

Coordinating with Law Enforcement and Prosecution When Staff Are Victimized........... 112

Death Notification ............................................................................................................... 113

Immediate Issues ........................................................................................................... 113

Rumor Control .............................................................................................................. 114

Death Notification Procedures ...................................................................................... 114

Some Considerations to Develop a “Culture of Compassion” ..................................... 114

Media Coverage of Critical Incidents.................................................................................. 115

Consideration of Victims’ Families and Friends .......................................................... 115

Recommended Policy for Dealing with the Media

During Critical Incidents of Staff Victimizations ......................................................... 116

Conclusion ........................................................................................................................... 117

Chapter 7: Staff Training ................................................................................................ 119

Introduction ......................................................................................................................... 119

Key Elements for Developing Staff Training on Victim Services ...................................... 119

Training Formats ................................................................................................................. 119

Internal On-Site Training .............................................................................................. 119

Professional Association Training ................................................................................ 120

Training-for-Trainers .................................................................................................... 120

Distance Learning ......................................................................................................... 121

Getting Started: Determining Training Priorities ............................................................... 122

Establishing Training Goals .......................................................................................... 122

Internal Needs Assessment ........................................................................................... 123

External Needs Assessment .......................................................................................... 124

Developing Training Resources .................................................................................... 124

Identifying Training Facilitators ................................................................................... 125

Building a Resource Library ......................................................................................... 126

Developing Training Curricula ............................................................................................ 126

Principles of Adult Learning......................................................................................... 126
vii

Contents

Level One Training ....................................................................................................... 127

Victim-Specific Training Segments .............................................................................. 127

Law and Policy-Related Training Segments ................................................................. 128

Training Program Evaluation ........................................................................................ 129

Conclusion ........................................................................................................................... 129

Chapter 8: Community Relations and Outreach .......................................................... 131

Introduction ......................................................................................................................... 131

Key Elements for Community Relations and Outreach Activities ...................................... 131

Informing and Educating Victims and the Public................................................................ 131

Written Materials .......................................................................................................... 132

Brochures................................................................................................................ 132

Telephone Rolodex Card ........................................................................................ 133

Informational Bulletins and Fact Sheets ................................................................ 133

Handbooks for Crime Victims ................................................................................ 133

Posters .................................................................................................................... 134

Audio and Video Educational Tapes and Slide Presentations ...................................... 134

Promotional Items ......................................................................................................... 134

Television, Radio, and Print Media .............................................................................. 134

Open Houses and Public Forums .................................................................................. 135

Presentations and Training Opportunities ..................................................................... 135

Web Sites....................................................................................................................... 136

National Crime Victims’ Rights Week.......................................................................... 137

Tarrant County (Texas) Community Supervision and

Corrections Department ......................................................................................... 137

California Department of Corrections .................................................................... 137

Oklahoma Department of Corrections.................................................................... 137

Establishing Advisory Committees ..................................................................................... 137

Pennsylvania Department of Corrections ..................................................................... 138

Tarrant County Community Supervision and Corrections Department, Texas ............ 138

Texas Department of Criminal Justice .......................................................................... 138

Developing Partnerships with Other Agencies and

Advocating for Victim Rights and Services ........................................................................ 138

Ohio Department of Rehabilitation and Correction ...................................................... 139
viii

Contents

California Department of Correction ............................................................................ 139

South Carolina Probation, Parole, and Pardon Services ............................................... 140

Conclusion ........................................................................................................................... 140

Bibliography....................................................................................................................... 141

Appendixes ......................................................................................................................... 149

Appendix A: Chapter on Supporting Crime Victims ................................................... 149

Appendix B: .................................................................................................................. 157

Sample Model Victim Impact Statement Forms .................................................... 157

Sample Victim Information Sheet for Attending Parole Hearings:

South Carolina Department of Probation, Parole, and Pardon Services ................ 171

Sample Registration/Notification Request Card

(SC Department of Probation, Parole, and Pardon Services) ................................. 173

Sample Victim-Sensitive Notification Letter ......................................................... 174

VineTM Brochure: Kentucky Department of Corrections ...................................... 175

Appendix C: .................................................................................................................. 177

Flow Chart: Restitution Process, CA State Board of Control ............................... 177

Restitution Policies and Procedures: Tarrant County CSCD ................................ 179

Budget Worksheet: Tarrant County CSCD............................................................ 186

Appendix D: .................................................................................................................. 189

Reparative Probation Boards .................................................................................. 189

Appendix E: .................................................................................................................. 197

Sample Initial Victim Contact Letter for Domestic Violence Cases ...................... 197

Sample Domestic Violence Safety Plan ................................................................. 198

Assessment Instrument and Classification System:

Family Intervention Unit, Connecticut ................................................................... 201

Risk Assessment Form: Maryland......................................................................... 206

Appendix F: .................................................................................................................. 207

Staff Workplace Violence Prevention Program Statement ..................................... 207

Factors to Consider When Developing Threat Incident Reports ........................... 212

Prototype Administrative Policy on Staff Victimization ........................................ 216

Emergency Response Form .................................................................................... 219

Summary of Victims’ Rights When Dealing with the Media ................................ 221

Appendix G: .................................................................................................................. 223

OVC Training and Technical Assistance Center Fact Sheet and Application ....... 223

Summary of OVCRC and Other U.S. Department of Justice Resources ............... 225

Roster of National Victim Service and Allied Justice Organizations .................... 232
ix

Contents

NCJRS Registration Form ...................................................................................... 235

Roster of Toll-Free Information and Referral Sources for Victims ....................... 237

Appendix H: .................................................................................................................. 239

Sample Brochure: Victim Services Program —

CA Department of Corrections............................................................................... 239

Sample Rolodex Card from Ohio Department of

Rehabilitation and Correction ................................................................................ 247

Appendix I: Agency Contact and Resource Lists (by Chapter) ................................... 249
x

Contents
1

Chapter 1: Introduction

Chapter 1

Introduction

Annually, about 2 million people are

injured as a result of violent crime (Bureau

of Justice Statistics, 1993). In 1992, 23

percent of households in the United States

were victimized by a crime of violence or

theft (Rand, 1993). In 1992, crime victims

lost 17.6 billion in direct costs including

losses from property theft or damage, cash

losses, medical expenses, and amount of

pay lost because of injury or activities

related to the crime (Klaus, 1994).

While these statistics are alarming,

mere numbers alone cannot fully capture

the devastating effects of crime and

violence on its victims. Crime is intrusive.

It creates a pervasive fear and mistrust.

It holds people captive in their homes

and negatively affects their overall quality

of life — physically, psychologically,

and economically. Then, to compound

the trauma many victims experience,

they often are further victimized by a

criminal justice system that continues to

be ill equipped to meet or is indifferent to

their needs.

Significant strides have been made over

the last two decades in addressing victims’

rights and needs; however, the quest to

instill victim rights and services as

commonplace and routine practices —

in all components of the criminal justice

system in all jurisdictions — is a goal that

has not yet been realized. The challenge is

daunting. Yet, there is hope. More and

more community corrections agencies are

stepping up to the plate and are responding

to crime victims in their communities

and across the nation by implementing

promising victim-related practices within

their jurisdictions. Many of these ground

breaking agencies and their victim-related

practices will be highlighted, in varying

degrees, throughout this compendium.

Appendix I lists agency contact and

resource lists according to chapter topics.

The importance of establishing a continuum

of victims’ services will be discussed in this

chapter, and the role of probation and parole

in serving crime victims will be briefly

examined. Specifically, this chapter

informs the reader about the following:

■ Differences in the way offenders and

victims are treated in the criminal justice

system.

■ Ten core elements that should form

the foundation of a comprehensive

corrections-based victim services

program.

■ The primary purpose of this document.

A Continuum of Services

To effectively implement the rights

of and provide effective services to crime

victims, policies, procedures, and programs

cannot be created or implemented in a

vacuum. It requires a coordinated effort

among all components along the criminal

justice continuum (i.e., law enforcement,

prosecution, courts, probation, corrections,

parole). The following fictional scenario

illustrates the value and rewards that could

be gained for victims and the criminal

justice system if effective and efficient

services to victims of crime were provided

consistently throughout the criminal justice

process.
2

Chapter 1: Introduction

A Victim’s Story

Seventy-nine-year-old Marie Harris

had looked forward to a day of

shopping for a long time. She was

recuperating from cataract surgery and

now had been pronounced fit to drive

her car again. Marie had saved some

money from the last few pension checks

and planned to do Christmas shopping

for her grandchildren early to avoid

the crowds.

She headed out after lunch that day to

the new mall where she hoped some

advertised bargains would still be

available. Marie found upon arriving

that a lot of others had the same plan;

the mall parking lots were jammed with

cars. But being in good health, Marie

felt it okay to park in a distant lot and

take the walk to the store’s entrance.

Marie knew something was wrong as

soon as she pushed the door lock button.

Out of the corner of her eye she caught

sight of a man running up fast behind

her between the rows of cars. Before

she could turn around and assess the

situation, this man had lunged, grabbed

her, and with a powerful pull jerked her

purse away. Knocked off balance by the

pull, Marie stumbled and fell hard to the

pavement. She heard the man’s running

steps diminish as he vanished with her

purse and the shopping money within.

Trying to regain her feet, Marie felt a

knifelike pain in her side and realized

she had been seriously hurt. She began

to cry.

Marie’s cries alerted another shopper

who was returning to her car, and she

summoned mall security to rush to

Marie’s assistance. The city police and

EMS soon followed. Marie was

transported to the hospital while

the officers began the process of

investigation. At the emergency room,

it was discovered that Marie had

suffered two broken ribs and severe

contusions in the fall, but she was

expected to recover without

complications following a few

days of hospitalization.

Shortly after being treated in the ER

and admitted to a room, Marie was

visited by a field worker from the

County’s Victim Assistance Team (VAT).

Team members, deployed in three shifts,

make contact with crime victims at

hospitals, homes, and offices as soon as

possible after an offense. They explain

to victims, in general terms, what can

be expected in the progression of a

criminal case: investigation, witness

protocol, protection from retaliation,

restitution and crime victim

compensation to cover hospital bills.

Easy-to-read guidebooks and pamphlets

are also left for victims to use as

references. The VAT workers remain

with the crime victim as long as it takes

to answer all questions and to hear

what the victim has to say.

Marie felt somewhat assured after the

VAT worker left her bedside, but she

was still afraid of what might be in

store as her assailant had not yet been

caught. Later, she thought of more

questions and called the VAT’s 24-hour

help line to get a response. Meanwhile,

the VAT field worker who had visited

Marie entered information on a laptop

computer setting up a file in this case.

This data record was then transmitted

to the VAT office, police department,

district attorney, and presentence unit

of the probation office.
3

Chapter 1: Introduction

To Marie’s relief, detectives soon

arrested a young man in connection

with her robbery and assault. Marie

was immediately notified of the arrest

and assured that if the defendant

posted a bail bond, the magistrate

would order him not to contact the

victim in any manner as a condition of

the bond. Marie was given the phone

number of the Crime Victim Protection

Unit (CVPU) at the police department

and was advised to call immediately

should the defendant or anyone else

threaten, harass, or attempt to harm

her in connection with the case. She

also was given information about the

State’s automated notification calling

system and how she could register to

be called in the event of the defendant’s

release or escape from custody.

A few days later, Marie was called by

a Victim Services Specialist from the

prosecutor’s office. The Specialist

made an appointment to visit Marie,

who was now at home recovering

from her injuries. Later that week, the

Victim Services Specialist accompanied

by a Presentence Investigator from

the probation department arrived at

Marie’s house. They spent several

hours talking to Marie, briefing her

again on the court process and

gathering information to be used in the

probation department’s presentence

report. She was given a list of phone

numbers and brief descriptions of

agencies in the county which provided

an array of services to crime victims

such as counseling, transportation,

short-term financial assistance,

and emergency protective housing.

Marie was encouraged to call the

prosecutor’s office as often as she

wished to obtain updated case

information. The Victim Services

Specialist told Marie that if she wished,

a case conference could be held with

her by the assistant district attorney

handling the case. Marie said she

would think about it. Marie was also

told that she would be contacted,

informed, and given the opportunity to

comment on any proposed plea bargain

in the case. Finally, she was advised

that the county’s VAT would provide her

transportation to the courthouse should

she desire to attend her attacker’s trial.

Ultimately, Marie decided not to be

present at sentencing; she had not

objected to a proposed plea-bargain

wherein the offender, who had one

previous arrest for shoplifting, would

receive an 8-year probated sentence.

Marie learned from the prosecutor that

the offender would be ordered to pay

her monetary restitution for all medical

expenses and the stolen property. This

restitution would also be entered as a

civil judgment against the man. He

also would be required to spend the

first 6 months of his probation in a

community correctional facility where

an apparent drug abuse problem would

be confronted. The offender, Dan

Johnson, was ordered not to have

any contact with Marie whatsoever.

A further condition stipulated that

he attend a Victim Impact Panel

presentation through the probation

department. Marie was told that the

probation department’s Victim Services

Coordinator would soon be in touch

with her.

Within a week of the trial, Marie

received a letter from the probation

department advising her that Dan

Johnson had indeed received an 8-year

probated sentence. Along with

this letter, Marie got a copy of the

conditions of probation and a crime

victims’ handbook from the probation
4

Chapter 1: Introduction

department which explained in clear

and simple terms how the probation

process and supervision of offenders

worked. These written materials were

followed by a phone call from the

department’s Victim Services

Coordinator, who encouraged Marie to

phone as often as she wished regarding

the status of Dan Johnson’s probation.

She was also given again the names and

phone numbers of victims’ support

groups in the area. Marie was told that

if Dan Johnson did not pay restitution

as ordered, she would receive her

payments from the State’s Victim

Restitution Reserve Fund, which

guaranteed full restitution to crime

victims if the offender failed to pay

restitution as ordered.

The Victim Services Coordinator also

advised Marie that she would be

contacted whenever a change occurred

in Dan Johnson’s supervision such as a

new probation officer assigned, planned

modification of the probation order,

violation of probation proceeding to

the court, possible revocation, petition

for early release, or discharge from

probation. The Victim Services

Coordinator also explained to Marie

that if Dan Johnson’s probation was

ever revoked, a Victim Specialist from

the State prison would be assigned to

her case and would keep her updated on

Johnson’s prison term. Later, if he was

deemed eligible for parole, Marie would

have the opportunity to oppose that

parole and to personally appear before

the Parole Board. Should Dan Johnson

be paroled, the State Parole Office

Victim Services Section would provide

a full array of victim services to Marie,

similar to those now being offered by

the probation department. No matter

where he was in the system, Dan

Johnson would still be responsible for

restitution to Marie and would always

be forbidden to contact her. Finally,

Marie learned that if at some time in

the future she wished to participate

in victim–offender mediation, that

opportunity would be extended to her.

Marie recovered from her injuries in

time to buy Christmas presents for her

grandchildren. Living alone as a

widow, the crime has left her more

afraid and nervous than before. She

feels that a lot of the peace of mind and

security she had previously taken for

granted has been stolen from her. She

knows now how vulnerable she can be

to criminal victimization. Her life has

changed. Yet, amidst the physical pain

and lasting emotional hurt occasioned

by the crime, Marie feels that her

dignity as a person remained intact

through obvious care and concern

demonstrated by those professionals

who guided her journey across the

criminal justice system.

From that first visit at the hospital by

the Victim Assistance Team worker

through her ongoing contact with the

probation department’s Victim Services

Coordinator, Marie has concluded that

a lot of people wanted to see good

things happen to her in the wake of

victimization. Marie does not feel that

her rights were trampled while Dan

Johnson’s were championed. While

the hurt and horror of the attack will

remain, Marie thinks fondly of those

who have helped her. She does not

think they were just doing a job!

It is nothing more really than humans

extending care and comfort to others

in need. Marie tells her friends,

“The system works.”
5

Chapter 1: Introduction

The Current Status of

Victims’ Rights

“The system works.” This is not a

common phrase heard by criminal justice

professionals when listening to crime

victims talk about their experiences in

today’s criminal justice system. While the

movement toward ensuring justice and

healing for our nation’s crime victims has

made significant progress, much more still

needs to be done.

Figure 1-1: States with Constitutional Amendments Relating to

Victims’ Rights

Source: National Victims Center.

Crime victims are speaking out, and

they are being heard by legislators and

the public. According to Susan Howley,

Assistant Director of Legislative Services

of the National Center for Victims of Crime

(formerly known as the National Victim

Center), all 50 States now have a wide

variety of statutory rights for victims and,

as of 1998, 32 States passed amendments

to their constitution to protect the rights

of victims of crime.

A map indicating States that have passed

constitutional amendments relating to

victims’ rights may be found in Figure 1-1.

There is a strong movement on the Federal

level as well. An amendment to the U.S.

Constitution has been introduced that, if

passed, would guarantee victims’ participatory

rights, rights to notice about significant case

events, and restitution throughout the criminal

justice process. As of December 1998, the

amendment had not been voted on by

Congress.

Given these developments, it is clear to see

that the victims’ movement is strong and

active and will continue to affect and shape

the way the criminal justice system, including

probation and parole, conducts its business.

Therefore, if community corrections is going

to flourish and, indeed, survive in the new

age of guaranteed rights for victims of crime,

it is imperative that concerted efforts be made

to respond proactively to the needs of crime

victim clients.

States with VRAs

States without VRAs
6

Chapter 1: Introduction

Why Serve Crime Victims?

Crime victims deserve rights and services

throughout their involvement in the criminal

justice system — from the time the crime is

reported to the police through the criminal

proceedings and the corrections process.

To achieve this goal, all agencies on the

criminal justice continuum (i.e., law

enforcement, prosecution, defense counsel,

judiciary, probation, institutional corrections,

parole) need to develop a comprehensive

system of services that are “victim-centered.”

In 1997, the Association of State Correctional

Administrators (ASCA) Victims Committee

— with support from the National Center

for Victims of Crime’s Promising Practices

and Strategies in Corrections Project —

developed 10 core elements that should

form the foundation of a corrections-based

(including probation and parole) victim

services program (National Center for

Victims of Crime, 1997a, pp. 3–4):

 1. Incorporate victims’ rights and needs

into the overall agency mission statement

and develop a mission/vision statement

specifically for victim services.

 2. Designate a full-time staff person to

plan and implement a comprehensive

victim services program, and victim

service representatives at institutions

and regional offices to augment the

agency’s centralized victim services.

 3. Provide core services to victims of

crime that include notification of

offender status; protection from

intimidation, harassment and harm;

victim input into parole proceedings;

victim restitution; and information and

referral to supportive services in the

community.

 4. Create a Victim Advisory Council

(comprised of victims and practitioners

from corrections, victim services, and

allied professionals) to guide program

and policy implementation.

5. Establish written policies and

procedures for victims’ rights and

services.

6. Develop a public information plan and

outreach program that describes the

services and assistance provided to

victims by the agency, including an

informational brochure and training

curriculum for victim service and

allied justice professionals.

7. Develop and utilize a training

curriculum for orientation and

continuing education for all agency

staff on victims’ rights and needs,

agency services and related policies,

legislative mandates, and national/

State/community-based services for

information and referral.

8. Develop and implement policies,

procedures, and protocols on how to

respond to incidents when correctional

staff are victimized on- or off-the-job.

9. Implement the “Impact of Crime on

Victims” program to help offenders

understand the impact their crimes

have on their victims, communities,

and families utilizing the curricula and

related resources available from the

California Youth Authority.

10. Designate an agency representative to

participate in local, State, and regional

victim service coalitions and serve as

the agency’s liaison to the victim

services community.

The Role of Probation and Parole

Historically, probation and parole

practices have been offender-directed and

have ignored or passively responded to

the concerns of crime victims. While

offender supervision strategies are aimed

at protecting the public as a whole from

further victimization, the interests of

individual victims often are lost among the
7

Chapter 1: Introduction

burgeoning caseloads of offenders and the

accompanying paperwork. It is imperative

for probation and parole agencies to

transform these offender-directed practices

into those that are also victim-centered.

More importantly, perhaps, practices should

be principle-centered and address issues

common to all sides such as accountability,

restoration, rationality, efficiency, and

fairness.

In addition to being the “right thing to do,”

there are several practical reasons for

making the provision of services to victims

a priority within probation and parole

agencies. First, probation and parole have

access to both general and offender-specific

information that could address victims’

informational needs and concerns. Just

knowing how probation and parole work, an

offender’s custody status, and that offenders

will be held accountable for their actions

(e.g., through the payment of restitution

or other supervisory conditions) often is

enough to ease the fears and frustrations of

victims. Additionally, probation and parole

professionals are familiar with the services

available within the community to address

offender needs. Victims have many of these

same needs and could, therefore, benefit

from this information.

Second, there is a continuing need for the

profession to identify victims as consumers

or clients of probation and parole services.

Often victims are seen as being at odds

with probation and parole. Agencies

such as the Tarrant County Community

Supervision and Corrections Department,

the South Carolina Department of Probation,

Parole, and Pardon Services, and the

California Department of Corrections

have implemented comprehensive victims’

services and have come to recognize that

victims’ groups can be powerful allies

of probation and parole if given the

opportunity. Once invited into the folds of

the system and educated on the mission of

probation and parole, victims’ groups have,

in fact, provided support for probation and

parole services and spoken on their behalf

in front of legislative bodies.

Third, victims’ groups can be effective

in educating the general public about

the mission of probation and parole and,

consequently, can enhance their public

image. The nature of the services provided

by probation and parole, and the nature of

the persons directly served are generally

viewed negatively; probation and parole are

not in the business of serving “deserving”

constituents. This often alienates probation

and parole agencies, keeping them literally

estranged from the majority of people to

whom they provide the service of ensuring

public safety. Typically, the public hears

about probation and parole only after an

offender under community supervision

commits a heinous crime. Providing

victim services increases awareness of

probation and parole programs and

demonstrates a true commitment to

protecting public interests.

Fourth, in addition to being allies of

probation and parole at a policy level,

victim involvement may be a helpful

therapeutic agent in individual cases.

For example, victim–offender mediation

programs bring an offender and the victim

together for a face-to-face meeting to

discuss possible resolutions for victims’

losses, such as a payment schedule for

restitution, a letter of apology, or the

performance of community service

(Sinclair, 1994). Involvement in mediation

programs may help both the victim and the

offender realize things about each other that

can reduce their respective rationalizations

(e.g., offenders’ perception that “no harm”

was caused, and victims’ misconceptions

of “offenders-as-demons”). The payment

of restitution also is therapeutic; it holds

offenders accountable for the harm

they caused and assists in helping the

victim reconstruct his/her life through

monetary compensation.
8

Chapter 1: Introduction

Lastly, providing victim services will help

probation and parole agencies develop

partnerships with other criminal justice

entities. These partnerships can lead to

enhanced credibility for probation and

parole and a collaborative approach to

serving victims and communities.

As public service agencies, and a key

component of the criminal justice system,

probation and parole agencies should

concern themselves with justice for all

citizens. While the primary avenue for

achieving this justice may be through the

provision of supervision and services to

offenders, it does not have to be at the

exclusion of serving others impacted

by crime.

Promising Victim-Related

Probation and Parole Practices

As demonstrated throughout this

document, probation and parole agencies

can, and often do, provide valuable

services to victims of crime. Some of

the more common victim services within

probation and parole agencies include

the following:

■ Assessment of victim impact.

■ Victim notification.

■ Restitution collection.

■ Referrals to services.

■ Victim protection.

■ Education about probation and parole.

The extent to which these services are

present varies from jurisdiction to

jurisdiction; however, they have become

more prevalent over the past decade. More

innovative services now include victim/

offender mediation, circle sentencing, and

victim impact panels. Some agencies have

developed specialized units for addressing

crime victims’ needs, while other agencies

incorporate victim-related programs and

responsibilities within the duties of

generalized probation and parole officers.

Several probation and parole agencies

around the country have recognized the

special needs of victims of family violence

and have developed programs and services

designed to ensure their safety and to

empower them. An emerging trend is for

agencies to make complete agency-wide

paradigm shifts to a model of restorative

justice with the primary concern being

repairing the damage or harm done to

victims and the community through victim

involvement, mediation, and reparation

(Bazemore, 1994). The need for training

staff on the impact of crime on victims and

related issues, as well as the need to identify

ways to prevent and respond to probation

and parole professionals who are victimized

on- or off-the-job, are other areas that

probation and parole agencies are beginning

to address.

Making a Commitment to

Implement Victim Services

There are many elements and issues to

consider when designing, developing, and

evaluating an effective victim services

program. The process is challenging;

however, it will yield many rewards if

undertaken with the appropriate degree of

thought, consideration, and effort.

“The development of a comprehensive

philosophy upon which agency programs

and practices are based requires the

examination of the following:

■ Values inherent in the agency.

■ The agency mission statement.

■ Goals of the agency.

■ Activities performed to accomplish the

goals.

■ Measures for determining how well the

activities are being performed and what

impact they are having” (Fulton, 1996,

p. 32).
9

Chapter 1: Introduction

Alignment of these key organizational

practices enhances an agency’s chances for

successfully involving and serving crime

victims in a long-lasting and purposeful way.

Commitment from the leadership of the

agency and buy-in and involvement of

line staff are essential ingredients for the

development and implementation of

effective services for victims of crime within

the agency’s structure. Failure to recognize

victims as clients or lackadaisical support

for the implementation and provision of

victim services within the department will

result in haphazard delivery of services and

the continued frustration of crime victims

with the probation and parole process.

A critical step to implementing victimrelated practices within probation and parole

agencies is to clarify and communicate

agency values. Values shape decisions,

actions, and hence, results for individuals

and organizations. A probation or parole

agency may have a mission statement that

states it will, “provide assistance to victims

to include keeping them informed of the

status of their respective cases;” however,

if the organization does not really value

the victim’s input, it will not be practiced.

Values serve as the motivating factor behind

agency policies and practices, from the hiring

of staff, to the supervision of offenders, to

monitoring and evaluation. Establishing and

expressing values convey a positive identity

and promote an understanding about the

beliefs and priorities of an organization —

both to internal and external stakeholders

(Fulton, 1996).

Once the new values are declared, they

must be embraced by the organization and

integrated into the way the agency staff

perform their roles. So, when initiating new

programs and practices discussed in this

compendium, especially those that may be

different in nature from those typically or

currently performed, agencies should set

in place a mechanism for monitoring and

evaluating the achievement of established

goals, activities, and outcomes.

Performance-based measures can be

extremely useful in helping agencies

determine if the services being provided

to victims within their agencies are

(1) being implemented as designed, and

(2) meeting the information and other needs

and interests of crime victims within their

jurisdiction. Simply stated, through the

use of process and outcome measures,

performance-based measures are designed

to provide agencies with a mechanism for

assessing what they do and how well they

do it. A performance-based strategy can

also improve an agency’s practices by

offering the agency and staff a chance to

define their true values and translate them

into action and results. They provide

a basis for program modification and

improvements and a mechanism for linking

employee evaluation to the agency’s

mission (Boone and Fulton, 1995).

More indepth information on the

development and implementation of

performance-based measures can be found

in Boone’s and Fulton’s Results-Driven

Management: Implementing PerformanceBased Measures in Community Corrections.

A chapter from that document on

supporting crime victims is included in

Appendix A.

Purpose of This Compendium

Simply saying that a probation and parole

agency provides the services mentioned

above does not necessarily mean that the

services they have implemented are truly

promising or innovative. Many times

agencies may be only scratching the

surface in the delivery of these services.

So, what elements should agencies strive

to implement when designing programs

and services for victims of crime? This

compendium is designed to identify

elements of exemplary victim-related
10

Chapter 1: Introduction

probation and parole practices and provide

agencies with specific direction for the

development and implementation of

promising victim-related services and

programs. It is recognized that the extent

to which probation and parole agencies

will be able to implement the elements

described within this document will vary

according to statutory or local policy,

procedural constraints, and resources.

Topics to be discussed in ensuing chapters

include the following:

■ Victim impact and victim notification.

■ Restitution management.

■ Victim–offender programs.

■ Family violence.

■ Workplace violence.

■ Staff training on victim issues.

■ Community relations and outreach

strategies.

Within this compendium, the term

“community corrections” is used to

connote probation and parole agencies.

Much of the information, however, is

also appropriate for other agencies that

supervise offenders in the community such

as those providing aftercare or sanction

specific services.

The agencies highlighted in this document

represent only a small sample of the many

initiatives in place across the country. It

would be impossible, within the parameters

of this document, to highlight the many

different promising victim-related practices

and programs that have been implemented

in probation and parole agencies nationally.

In the quest to continue getting the word

out about creative and innovative victim

service programs, community corrections

professionals are encouraged to take

advantage of every opportunity to share

information and promote the promising

strategies and programs they have

implemented for crime victims.

How to Use This Compendium

When read in its entirety, this compendium

outlines a comprehensive approach for

serving crime victims in probation and

parole. However, it is possible to treat each

chapter as a stand alone document. Each

chapter focuses on a different type of

service that probation and parole agencies

can provide to crime victims, thus, making

it relatively easy for administrators or

practitioners to identify what chapter will

contain information to meet their specific

needs and interests.

All chapters begin with identifying key

elements to providing effective services

within the specified topic area. Then,

where possible, points are illustrated by

providing examples of probation and parole

agencies that have implemented practices

or strategies that relate to the identified

key elements. It is not possible to provide

exhaustive information about each

highlighted program’s practices; therefore,

a contact list for each chapter is provided

in Appendix I. Readers can obtain more

specific and indepth information from

agencies about strategies which interest

them. Appendixes also have been included

which contain sample documents and

helpful resources to assist jurisdictions

in replicating or implementing practices

featured.

Conclusion

The day when the needs of all victims of

crime are adequately addressed within

the criminal justice system, and more

specifically probation and parole, has not

yet dawned. However, the number of

probation and parole professionals that

recognize the need to place crime victims on

a “more even playing field” with offenders

is increasing — after all, it is the “right and

just thing to do;” albeit, it is not always the

easiest thing to do. The victims’ rights
11

Chapter 1: Introduction

movement continues to be a powerful force,

and community corrections must rise to the

challenge being presented or risk losing

their credibility with the public as well as

risk losing much needed resources.
12

Chapter 1: Introduction
13

Chapter 2: Impact, Notification, and Informational Services

Chapter 2

Impact, Notification,

and Informational

Services

Introduction

For many victims, the effects of crime

are not short-term; the ramifications of

the crime can be far-reaching, extending

well beyond the trial phase of the crime.

While many details of the offender’s

version of the crime are heard by judges,

juries, and paroling authorities when

making sentencing and release decisions,

less attention is paid to the victim’s

perspective. By soliciting victim input

and assessing victim impact, probation

and parole agencies can “pick up the ball”

and help ensure that victims’ needs and

concerns are heard and addressed. Victim

input is essential to understanding the

full magnitude of the criminal act and

its detrimental effect on victims.

Recognizing that the criminal justice

system can be confusing and frustrating

to the professionals who work in it, it is

no surprise that it often is viewed as an

enigma to the millions of crime victims

who try to find their way through its

intrinsic maze each year. For many

victims, information about the status

of their case and the disposition of the

offender(s) within the criminal justice

system goes beyond their obvious interest

in seeing that justice is served. The type

of information victims receive can play

a key role in their mental and emotional

reconstruction, as well as assist them in

their efforts to put their lives back together

in the wake of victimization.

Issues related to the solicitation of victim

input and impact information will be

examined in this chapter, and strategies

that can be employed to keep victims

involved and informed throughout the

probation and parole process will be

discussed. This chapter will inform readers

about the following:

■ The type of information that should be

provided to victims related to victim

impact statements.

■ Different methods for delivering victim

impact statements.

■ The type of information victims want and

need throughout the probation and parole

process.

■ Ways the notification process can be

automated.

Victim Impact/Input

By obtaining information from victims

about the financial, emotional, physical,

and psychological effects of the crime,

probation and parole professionals can help

ensure victim input is accounted for during

sentencing and prior to any hearings

relevant to the offender’s release or

community supervision. In particular,

this type of information can help determine

the following:

■ Victim-specific restitution.

■ The length of sentence, probation, or

parole for an offender.

■ The need for any special release

conditions (e.g., restraining orders) for

an offender.

■ The need for any victim/offender

programs (e.g., mediation, conciliation,

participation in treatment programs).

■ Any recommendations to help protect the

safety of the victim (National Center for

Victims of Crime, 1992).

In addition, there is a continuing need for

probation and parole professionals to
14

Chapter 2: Impact, Notification, and Informational Services

recognize victims as “consumers” or

“clients” of their services. By soliciting

input from victims in the form of victim

impact statements, the victim’s role in the

criminal justice system is validated, and

in part, may aid some victims’ ability to

reconstruct their lives in the aftermath of

crime (Alexander and Lord, 1994).

In fact, research suggests that when

victims are given the opportunity to provide

information about the effect of the crime,

it can improve their overall opinion of the

criminal justice system. For example,

according to research conducted by Mothers

Against Drunk Driving (MADD) in 1993,

two-thirds of victims who were given

the opportunity to present written victim

impact statements reported that they were

“satisfied” with the criminal justice system.

In contrast, three-fourths of those not

allowed to submit a victim impact statement

reported being “dissatisfied” with the

criminal justice system as a whole

(Alexander and Lord, 1994).

Key Elements for Soliciting

Victim Input/Impact

First and foremost, effective solicitation of

victim input and impact information requires

a coordinated and collaborative effort for

sharing of information among all the key

agencies on the criminal justice continuum

(i.e., law enforcement, prosecution, courts,

probation, corrections, parole and victim

services organizations). Specific to

probation and parole, characteristics and

components of exemplary practices related

to victim input and impact include the

following:

■ All victims (including children) should

be offered the opportunity to submit or

update victim impact information during

the presentence investigation on the

financial, physical, emotional, and

psychological effects the crime had on

them, their family members, or friends.

This requires that probation and parole

agencies make a sincere effort (due

diligence) to locate victims.

■ Different methods of delivering victim

impact statements should be available

to victims (e.g., written, audio, video,

allocution, telephone, electronic).

Probation and parole agencies should

ensure that victim impact statement

opportunities are culturally sensitive,

age-specific, and accessible to nonEnglish speaking victims.

■ Victim impact information should

be incorporated into the agency’s

management information system;

however, measures should be taken to

ensure confidentiality of victim contact

information (i.e., address, phone number)

throughout the probation and parole

process.

■ Training or information should be

provided to judges, paroling authorities,

commissioners, administrative hearing

officers, victim service providers, and

victims on what type of information is

helpful to courts and parole boards

and when it is needed; how victim

impact information is used; and who

has access to the information. Cross

training between probation and parole

and other criminal justice entities and

victim service providers related to

victim impact is also helpful.

A comprehensive guide on victim impact

statements, entitled Impact Statements:

A Victim’s Right to Speak, A Nation’s

Responsibility to Listen, has been developed

by Alexander and Lord (1994). Much of

the information provided in this chapter on

victim impact information is drawn from

that report. Copies of the report can be

obtained by contacting the Office for

Victims of Crime Resource Center at

1–800–627–6872.
15

Chapter 2: Impact, Notification, and Informational Services

Extending the Opportunity

and Coordinating Services

To consider victim impact information,

it must be (1) gathered from victims

and (2) made available to judges and

paroling authorities during the

decisionmaking process. Unfortunately,

many times probation and parole officers

often are too uncomfortable, ambivalent,

or busy to collect adequate impact

information from victims (Shapiro, 1988).

To add insult to injury, even when victim

impact information is collected, the

information may not be made available

to the appropriate entities in a timely

manner for use during sentencing and

release decisions.

To prevent this from occurring, probation

and parole agencies should establish

policies and procedures that clearly

delineate the probation and/or parole

agency’s responsibility for the

implementation, distribution, and

collection of victim impact statements.

In doing so, these policies and procedures

should provide for interagency cooperation

in coordinating victim impact services

with all key criminal justice agencies

(Alexander and Lord, 1994).

By enhancing interagency coordination

and collaboration, probation and parole

agencies can avoid unnecessary

overlapping and duplication of roles, as

well as help ensure continuity of services.

For example, probation agencies need to

develop a clearer understanding of the

victim impact services being provided

by the local prosecutor’s office, and be

knowledgeable about prosecution policies

and procedures related to forwarding

victim impact statements to the probation

department for inclusion in the presentence

report and the defendant’s permanent case

file. In addition, it is imperative that

policies and procedures be established and

that interagency agreements be developed

that outline how victim impact information

is to be shared as a case progresses

through the probation and parole process.

Interagency agreements also should clarify

who is responsible for what activities related

to victim impact.

When it comes to securing victim impact

information from victims, probation and

parole agencies should establish policies

and procedures that require staff to exercise

due diligence when obtaining information,

even to the extent that contact is made with

outside agencies in an attempt to locate the

whereabouts of crime victims. Outside

sources that could be used to determine

victim contact information could include

the following:

■ Postal service.

■ Driver’s license bureau.

■ Voter registration bureau.

■ Social Security Administration.

■ Utility companies (Alexander and Lord,

1994).

Policies and procedures also should be

established that describe how crime

victims will be notified and informed of

their rights to submit or update victim

impact statements. Victims can be informed

by letter or through personal contact

(Alexander and Lord, 1994). Figure 2-1

provides a list of the type of information

that victims should be given, at a minimum,

related to submitting victim impact

statements.
Figure 2-1: Information to Provide to Victims Related to Victim Impact

Statements

Source: Alexander and Lord, 1994.

■ The purpose and use of the victim

impact statement in the criminal

justice system, the victim’s option

for exercising or declining his or

her right to submit or update a

victim impact statement, and

specific guidelines concerning

confidentiality of victim impact

statements.

■ Eligibility requirements for

submission of victim impact

statements (i.e., victim only,

family members, designated

victim representative).

■ How the victim impact statement

should be submitted or options

for submission (e.g., written,

oral, audio, video, other

electronic means).

■ How the victim impact statement

will be reviewed by the court

(i.e., inclusion in the presentence

investigative report or as an

attachment to the presentence

investigative report).

■ The date and time of the sentencing

or parole hearing, as well as the

right to attend the proceeding, as

well as informing the victim how

the proceeding will be conducted

(e.g., victim allowed to meet

separately with the paroling

authority, defendant will or will

not be present).

■ A specified time frame for

returning the completed victim

impact statement.

■ Instructions for submitting the

victim impact statement to the

court (i.e., through the prosecutor,

probation, or directly to the court).

■ Information as to the victim’s

right to request no contact orders,

to receive notification of early

release and the conditions of release,

probation revocation hearings,

parole hearings, and instructions

for requesting these rights.

■ Information as to the victim’s right

to submit evidence of additional

financial losses for consideration

in the modification of existing

restitution orders.

■ Information for requesting

assistance in completing the

victim impact statement (i.e.,

name and phone number of

agency contact).

■ The importance of notifying

probation, correctional, and

paroling authorities of changes

in address and instructions for

doing so.

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Chapter 2: Impact, Notification, and Informational Services
In addition to the mechanics of how to file

a victim impact statement, the criminal

justice system should provide outreach

for the victim. The probation and parole

agencies should ensure access to an

advocate to help victims complete or

update victim impact statements and assist

with other victim-related issues or needs.

If the victim is a child, ill, elderly, or with

disabilities and, therefore, possibly would

be excluded from presenting victim impact

statements, the department should visit

the victim. If the victim is non-English

speaking or hearing impaired or does not

write or read well, assistance should be

provided either by allowing the victim to

designate a representative to act in his or

her behalf or by providing the information

in their required format (i.e., their native

language, interpreter, etc.). The victim

should also have the opportunity to meet

with parole board members. A separate

waiting room for victims which is staffed

with personnel knowledgeable about

victims’ rights in the criminal justice and

paroling process allows the victims to

communicate their concerns and feel a

vital part of the process.

Methods of Delivery

To address the varying and special needs

of crime victims, probation and parole

agencies should allow victim impact

information to be collected through a

variety of means. Methods of delivery

could include written, audio, video,

allocution, telephone, and other electronic

means.

Written Statements

The most common way victims provide

information on the impact of crime is

through written victim impact statements.

However, according to Robert Wells,

Senior Instructor at the Federal Law

Enforcement Training Center and a leading

expert in the field of victim impact, many

of the instruments used to capture victim

impact information are not effective in

eliciting victim participation and response

(Alexander and Lord, 1994).

To help criminal justice professionals

develop effective tools for soliciting impact

information, the National Center for Victims

of Crime (NCVC), Mothers Against Drunk

Driving (MADD), and American Prosecutor’s

Research Institute (APRI) joined forces to

analyze existing victim impact statements

and to determine the design, language,

layout, and supporting materials that could

be used to extract victim impact evidence

while meeting the needs of victims and the

criminal justice system. Their effort resulted

in the publication Impact Statements:

A Victim’s Right to Speak, A Nation’s

Responsibility to Listen, authored by

Alexander and Lord (1994). This document

describes four model victim impact

statements designed to meet the needs of

(1) adult victims whose cases are being

handled at the State and local levels;

(2) adult victims whose cases are being

handled at the Federal level; (3) child

victims whose cases are being handled at

the Federal, State, and local levels; and

(4) family members of homicide victims.

The following are common elements

included within each model:

■ An Introductory or Informational Sheet:

Victims need to be given general

information about the use of victim

impact statements, their right to submit a

statement (which can be easily modified

based on jurisdictional statutes), how to

complete and return the statement, crime

victim compensation, and how to contact

the agency for further assistance.

■ An Instrument to Record the Emotional

and Physical Impact of Crime: Based on

written cues or questions, ample space

should be provided for the victim to write

about the emotional and physical impact

of the crime and to convey emotional

wounds, concerns, and fears to the

sentencing and paroling authorities.

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Chapter 2: Impact, Notification, and Informational Services
18

Chapter 2: Impact, Notification, and Informational Services

■ A Worksheet to Record Financial Losses:

Victims should be offered the opportunity

to document all financial losses based on

current expenditures, as well as possible

projected future losses, so that additional

restitution hearings can be held to modify

restitution orders, if necessary.

■ A Sentencing Recommendation

Instrument: Victims should be able to

express their opinion as to the sentencing

of the defendant. Additional requests

from the victim such as no contact orders

and future notification of offender status,

and the opportunity to participate in

victim–offender mediation also can be

included in this section. Additionally,

information should be included on how

victims can receive notification from the

State Department of Corrections in cases

involving incarceration.

The sample model victim impact statement

forms developed for that report have been

reproduced with permission and are

included in Appendix B. Each is designed

to be easily modified according to the

specific laws for submission and use

in individual jurisdictions. In addition,

each model can be easily adapted to meet

victims’ physical and emotional needs,

and distinct category of victimization

(e.g., sexual assault, burglary, white collar

crime, assault). Sample modifications that

agencies can make include the following:

■ Increasing the font size of the model to

accommodate vision challenges of the

elderly or sight-impaired.

■ Reproducing the models in languages

indigenous to individual jurisdictions

(e.g., Spanish, Vietnamese, Tagalese,

Japanese, Chinese).

■ Reproducing and presenting the child’s

model as a parent/child activity.

■ Tailoring individual questions to meet

the needs of specific crime victimizations

(e.g., an individualized victim impact

statement for family members of

homicide victims) (Alexander and Lord,

1994).

Additional considerations to keep in

mind when designing forms for written

victim impact statements, as described by

Alexander and Lord (1994), are as follows:

■ Form Design: Victim impact statement

forms should be easy to read and

understand. They should use clear,

concise language in both their

instructions and questions. The layout

and graphic appearance should be

pleasing to the eye, and there should be

sufficient space for victims’ responses.

Additionally, the forms should

demonstrate appropriate sensitivity

to victims by showing support and

sympathy, and by avoiding impersonal

or “bureaucratic” language.

■ Introduction to the Victim Impact

Statement: The victim impact statement

form should be introduced to the victim

in a manner that makes clear what its

purposes are and how it will be used.

Information should be provided as to

why the victim would want to complete

it and indicate that he or she has a choice

to submit or not submit a statement

for review.

■ Instructions for Completion and

Submission: A victim impact statement

form should include instructions that

provide useful information on: (1) how

to complete the statement; (2) the type of

information that is useful to sentencing

and paroling authorities; and (3) how and

to whom the form should be submitted

once it has been completed. These

instructions may appear on the form itself

or in an introductory letter. A contact

name and phone number to call for

assistance in completing the statement

also should be provided. Self-addressed

envelopes also are helpful.
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Chapter 2: Impact, Notification, and Informational Services

■ Confidentiality of the Statement:

The victim impact statement form

should make clear who will have

access to the statement, specifically

mentioning the judge, prosecutor,

defendant, defendant’s attorney, and

anybody else that will have access to

the statement. Victims must be assured

of their safety from the defendant and

defendant’s family and should not be

compelled to reveal any unnecessary

identifying information such as their

address or phone number, or they should

be able to have this information protected

from offenders and their counsel.

■ Order of Impact Questions:

Victim impact statements should seek

information from the victim on a number

of aspects of his or her life: emotional

state, social and family relationships,

concerns for safety and security, physical

condition, and financial status and costs

associated with the crime. The statement

should not ask narrowly focused,

specific questions regarding the impact

of crime. Instead it should ask openended questions that allow victims to

write about these issues. This allows

victims to identify what is important.

■ Emotional Impact: The order in which

the “impact” questions are asked is

important to victims. The victim impact

statement form should first ask for the

emotional impact on the victim before

eliciting information on the physical

or financial impact. Some victims find

it insulting that the court or paroling

authority would primarily focus on the

financial impact, as opposed to the

emotional impact of the crime. Surviving

victims should be afforded ample space

to express how the crime has personally

affected them in homicide cases. Family

members or friends of homicide victims

should be given ample space to describe

the deceased’s personal characteristics

and how his/her loss has affected

their lives.

■ Physical Impact: The victim impact

statement form should seek information

about the physical injuries the victim

may have suffered as a result of the crime.

Victims should have space to describe

the type and degree of injury, how long

the injury lasted or is expected to last, the

amount of pain and/or modifications to

their lifestyle that have resulted from

the crime, and any medical treatment

required to date, as well as any that might

be anticipated.

■ Financial Impact: When seeking

financial impact from victims, the

victim impact statement form should

seek detailed information about the cost

of the crime. Victims should be given

the opportunity to list medical costs

(e.g., hospitals, doctors, and drugs),

counseling costs, lost income from work,

or expenses incurred in tasks performed

by the victim, (e.g., replacing stolen,

damaged or lost property), diminished or

lost ability to earn a living, lost support

for dependent if the victim died, funeral

bills, and any other costs related to the

crime. Victims also should be asked to

provide information on the portion of

the costs covered by insurance, crime

victim compensation, or any other source.

The victim impact statement form should

clearly and readily allow for a calculation

of the amount of monetary restitution

owed to the victim.

■ Notification of Offender’s PostConviction Status: In jurisdictions

that allow the victim to be notified of

the offender’s post-conviction status,

the victim impact statement form should

ask the victim to what extent he or

she wishes to be notified of these

developments. The statement should

not assume that all victims will want to

be involved or notified. For victims who

wish to be notified, their requests should

be forwarded to the appropriate agency.
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Chapter 2: Impact, Notification, and Informational Services

■ Victim’s Opinion on Sentence: In some

jurisdictions, the victim is allowed to

provide a perspective or opinion on the

sentence the defendant should receive.

If allowed, the victim impact statement

should provide ample space for the victim

to inform the sentencing authority of

his/her wishes in the sentencing of the

defendant.

■ Signature/Oath of Victim: In general,

a model victim impact statement form

should burden the victim with as few

requirements as possible regarding

swearing accuracy of the statement and

notarizing the victim’s signature. While

such formalities may be requirements in

some jurisdictions, those which have no

such requirements should not compel

the victim to seek a notary, and victims

should not be compelled to swear to the

emotional impact of the crime.

Oral, Audio, Video Statements

For victims who may be unable to read or

write, it may be necessary for probation and

parole officers to interview the victim over

the telephone or in-person, or arrange for

the victim to provide an oral statement to

the sentencing or paroling authorities

(i.e., allocution). When preparing a victim

impact statement over the telephone or

through a face-to-face interview, probation

and parole officers should be sure that the

information provided by the victim is

recorded carefully. Audio taped and

videotaped victim impact statements also

can be useful in situations where victims

are unable to read or write, or are unable

to attend sentencing or parole hearings.

If a victim decides to provide an oral

statement to the sentencing or paroling

authority, they should be provided with

information about what to expect during the

proceedings and, if needed, provided with

support services. When victims choose to

attend parole hearings in South Carolina, the

Office of Victims Services of the South

Carolina Department of Probation, Parole,

and Pardon Service (SCDPPPS) provides

them, in writing, the following type of

information and guidelines:

■ Who can attend the hearing.

■ Maximum number of attendees per

offense.

■ Time, date, and location of the hearing.

■ Directions to the specific hearing room.

■ Where to park (victims should have

a separate parking area from the

individuals who are attending in support

of the inmate).

■ Agenda that specifies the order of

testimony.

■ Recommendations about how to testify

effectively.

■ What to wear.

■ What they can and cannot bring.

■ The name, address, and telephone

number of the victim service contact

person for the agency.

A sample information sheet sent to victims

attending parole hearings in South Carolina

is included in Appendix B.

Also, in South Carolina, when victims

choose to attend a parole hearing, there is

a special waiting area for them which is

separate from the waiting room for the

inmate and the inmate’s family. The victim

waiting area is staffed by victim-sensitive

personnel (using volunteers, as needed) and

contains the following types of provisions:

■ Information relevant to the parole process

and victims’ rights.

■ Beverages and snacks.

■ Newspapers and magazines.

■ Toys.
21

Chapter 2: Impact, Notification, and Informational Services

■ Restroom facilities.

■ Telephone.

■ Television and VCR.

■ A nonsmoking area.

■ A private area.

Victims are greeted in the waiting area

by Office of Victim Services staff who

explain the hearing process and answer

any questions the victims may have.

When a victim’s case is called, the inmate

and his or her family members and attorney

address the Parole Board as to why the

inmate is a good candidate for parole.

After the inmate and his or her supporters

have left the room, the victim presents

testimony to the Parole Board. A Victim

Services Coordinator accompanies the

victim to the hearing to provide emotional

support as well as to answer any of the

victim’s questions that may arise during

the hearing. The Office for Victim

Services also offers these support

services for victims attending probation

violation hearings.

Currently, SCDPPPS is in the process

of trying a new way of conducting parole

hearings — via video-conferencing. This

allows the Parole Board to meet at the

Administrative Office building rather

than at the institution. Victims still appear

“face-to-face” before the Parole Board

members, while inmates, due to security

concerns, appear before the Board via

video-conferencing from the local

institutions. Inmates’ families are

required to go to the institution where

the inmate is located if they wish to

address the Parole Board. This type of

arrangement prevents the victim from

coming in contact with the inmate or the

inmate’s family, and is a cost effective

approach for the agency as well.

Incorporating Victim Information into

Agency’s Management Information

An increasing trend within probation and

parole departments is to incorporate vital

victim information into their offender

management information systems. Instead

of having multiple and separate databases

that relate to an offender’s case and, hence,

to the victim’s case, many jurisdictions

are beginning to centralize their databases

and tie victim information to the offender

information. It is important to note,

however, that substantial security provisions

must be in place to protect confidential

victim information (Sigmon and Seymour,

1996). Automated systems used within

probation and parole departments, with

respect to victim notification, are discussed

in more detail later in this chapter.

Victim confidentiality is a priority for

service providers, and much victim

information related to the criminal justice

system is confidential by law or by agency

policy. Therefore, when developing new

technologies that benefit crime victims,

it is important for agencies to give careful

consideration to the security of specific

information. Technology in today’s market

easily can accommodate the security of

any information deemed confidential by

the courts, including victim information.

For example, when developing software

packages, access to computer screens with

confidential information can be limited

to authorized users with passwords.

Unauthorized access to documents also can

be prevented through the use of encryption

or “scrambling” of documents that are

electronically transferred (Sigmon and

Seymour, 1996).

Providing Training on

Victim Impact Statements

Alexander and Lord (1994) recommend

that all criminal justice professionals

(i.e., law enforcement, prosecutors, victim

advocates, judges, probation officers,
22

Chapter 2: Impact, Notification, and Informational Services

paroling authorities) who influence the

victim impact procedure have a thorough

understanding of their State statutes and

case law regarding the submission and use

of victim impact statements. This includes

the following guidelines:

■ The types of crimes for which impact

statements are allowed.

■ The definition of “victim.”

■ Whether the submission of victim impact

information or statements is mandatory or

discretionary at the time of sentencing.

■ Whether the submission of victim impact

information is mandatory or discretionary

at the time of parole consideration.

■ Confidentiality limits.

■ Rights of enforcement (probably limited

to States with State Constitutional

Amendments for victims’ rights).

■ Submission deadlines.

■ Perjury penalties.

■ Collectability of restitution.

■ Liability issues.

■ Other elements or limitations.

To effectively and compassionately address

the needs and rights of crime victims and

provide them with adequate services,

community corrections professionals must

have a clear perception of the effect of crime

on its victims. Therefore, probation and

paroling authorities should establish policies

and procedures that require all employees

who have direct contact with crime victims

to participate in State or local victim

assistance training programs that address

the needs, rights, and legal interests of

crime victims (Alexander and Lord, 1994).

Staff training is discussed in more detail

in Chapter 7. It is important to note for the

purposes of this chapter, however, that staff

who are responsible for obtaining victim

impact information especially need to

understand and be sensitive to the needs

and concerns of crime victims, and be able

to communicate effectively with their

victim clients.

In the 1980’s, the Attorney General’s

Office in Illinois prepared interviewing

guidelines for probation officers to follow

when conducting in-person and telephone

interviews for the purpose of soliciting

victim impact. The Dewitt County (Illinois)

Probation and Court Services provides

these guidelines to all its probation officers.

The guidelines serve as a reminder to

officers of the issues individuals may be

facing as a result of being a victim of crime

and provide helpful suggestions to prepare

the officer for interviewing crime victims.

The guidelines cover items such as

appropriate settings for interviews,

strategies for communicating with victims

(e.g., conveying empathy, respecting

different stages of the recovery process

of victimization, paraphrasing, being

adequately prepared), referral services

for victims, and appropriate response to

the special needs of different types of

victimizations (e.g., families of homicide

victims, sexual assault victims, child

victims, incapacitated victims).

Victim Notification and

Informational Services

Notification and informational needs of

victims extend beyond informing victims

of their right to submit or update a victim

impact statement. Probation and parole

officers have access to both general and

offender-specific information that could

address victims’ myriad informational

needs and concerns. Just knowing how

probation and parole work and how they

interact with other criminal justice agencies,

knowing an offender’s custody status,

and knowing that offenders will be held

accountable for their actions often are

enough to ease the fears and frustrations

of victims.
23

Chapter 2: Impact, Notification, and Informational Services

Key Elements for Victim Notification

and Informational Services

When developing victim notification and

informational services in probation and

parole agencies, the following key

components should be considered:

■ All victims should receive initial

information about the probation and

parole process and be offered the

opportunity to receive future notification

of the offenders’ status and disposition.

■ Agencies should incorporate various

forms of notification, such as written,

telephone, automated voice response,

and in-person.

■ Agencies should be proactive in

providing both general and offenderspecific information to victims of crime.

■ To simplify the notification process,

agencies should design the department’s

management information system (with

appropriate confidentiality protections)

to assist in processing victim notification

requests.

■ Information about how the notification

process works within probation and

parole agencies should be given to all

local and State victim service providers.

Many victims do not want continued

contact and information from the justice

system. It is important to respect the

wishes of these people.

Extending the Opportunity

After the offender is sentenced to

supervision or incarceration, the victim

should be identified, notified, and asked to

register for future notification of the

offender’s status. Some systems limit their

notification process to victims of violent

crimes, while others reach out to notify all

victims regardless of the offense against

them. Agencies should have several

methods for victims to register for

notification, such as by telephone or an

automated calling service, in-person, office

visits, and in writing (e.g., through victim

impact statements, presentence reports,

registration form/cards).

In South Carolina, all victims, regardless

of the severity of the offense, are given the

opportunity to enroll in the notification

program during community supervision

and the parole hearing process. The Victim

Services Office of the South Carolina

Department of Probation, Parole, and

Pardon Services sends a brochure to

victims that has a detachable registration/

notification request card that they may

complete and return to the department.

When designing request cards, it is

important to develop a method for keeping

the victim’s name and address confidential.

A sample registration/notification request

card is included in Appendix B.

In both Washington, D.C. and Georgia, the

Parole Board has created outreach posters

that describe victims’ rights and available

services. In Georgia, the reverse side of

the poster can be used by victims to register

for notification.

In Arizona, identification of the victim or

victim representative is simplified by using

a single form that identifies the victim and

indicates their request for pre-conviction

and post-conviction notification. This

pressure sensitive triplicate form is

completed by either victim/witness staff in

the prosecutor’s office or by the presentence

investigation officer in the probation

department. Copies are then forwarded to

the victim, victim advocate, arresting law

enforcement agency, prosecutor, court,

probation and parole, and/or correctional

facility. The form follows the offender

throughout the criminal justice process and

serves as the basis for victim identification

and notification.
24

Chapter 2: Impact, Notification, and Informational Services

Information to Provide to Victims

Probation and parole agencies can provide

victims with general information about how

the probation and parole process works and

the types of services available for victims

of crime in the community. They also can

provide victims with offender-specific

information about the status of their case

and the disposition of the offender(s) within

the criminal justice system. Specifically,

victims need information about the

following:

■ Their rights.

■ The probation and parole process.

■ Who the victim can contact at the

probation and parole agency for more

information.

■ Submitting victim impact statements.

■ Services provided to victims by the

agency (e.g., New York’s Ulster County

Probation Department has formed support

groups for children of domestic violence).

■ Notice of the sentence and conditions of

probation/parole of the offender.

■ Offender status (e.g. violations,

imposition of intermediate sanctions,

revocations, restitution, early

terminations).

■ Amount of restitution ordered and

payment schedule.

■ Names and phone numbers of local, State,

and national victim service providers.

Methods of Providing Notification

and Informational Services

There are numerous ways that victims can

be provided with information about the

probation and parole process and be kept

informed of an offender’s status. It is

incumbent upon probation and parole

agencies to be proactive and creative

when developing methods for providing

information and assisting victims who

wish to receive notification of case status.

Written materials, creation of toll-free

telephone numbers, implementation

of automated notification systems,

and creative, yet careful, use of new

technologies (e.g., Internet) are all

methods that can be employed at varying

degrees within departments to achieve

these goals.

Written Materials

At the beginning of their involvement in

the probation or parole process, victims

should be provided information in writing

that explains their rights and how to keep

involved and informed. (See Appendix B

for a sample victim-sensitive notification

letter.) It is especially important to

remember to make written material easy

to read (generally at a seventh grade

reading level) and “victim-friendly.”

This includes preparing written materials

in lay terms (e.g., avoiding criminal

justice jargon and acronyms) and having

information available in different languages

for non-English speaking victims. In

California, the California Youth Authority

(CYA) has a sentence in Spanish at the

bottom of all its forms that informs victims

that information can be sent to them in

Spanish if needed.

Tarrant County Community Supervision

and Corrections Department, Texas

The Tarrant County Community

Supervision and Corrections Department’s

(CSCD) victim notification procedures, in

accordance with Texas law, are accomplished

through the Victim Services Coordinator’s

Office with the cooperation of CSCD’s

Courts Branch.

Victims receive initial notification that an

offender has been placed on probation in
25

Chapter 2: Impact, Notification, and Informational Services

the form of a letter, along with a copy of

the offender’s conditions of probation. The

injured party then knows exactly what the

court expects of the offender during the

term of probation. If monetary restitution

has been ordered by the court, information

specific to the collection and disbursement

of those monies is sent along with a copy

of the restitution order. In addition, victims

receive CSCD’s Crime Victims Handbook.

This 34-page Handbook includes the

following information:

■ Important phone numbers for crime

victims.

■ General information on probation

services.

■ Explanations of standard and

supplemental conditions of probation.

■ Information on how restitution orders

are handled by the department.

■ Information on victim services provided

by the probation department.

■ Information for contacting the probation

department.

■ Sample conditions of probation forms.

■ A copy of the Texas Crime Victims’ Bill

of Rights.

The Handbook is easy to read and written

in terms that can be understood by persons

not familiar with the criminal justice

system. Victims can refer to the Handbook

for information throughout the time their

offender is on probation, thus reducing

the amount of time required by the victim

services staff of the department to answer

general questions.

The format used for Tarrant County’s

Handbook is available both in diskette and

photocopied format through the American

Probation and Parole Association.

Agencies can follow the format provided

and easily adapt the general information to

fit their jurisdiction’s specific practices.

Toll-Free Numbers

Toll-free numbers that victims can call

are also helpful tools for providing and

responding to requests for information. The

South Carolina Department of Probation,

Parole and Pardon Services (SCDPPPS)

recently established a toll-free number for

its Office For Victims Services that victims

can call for information about an inmate’s

parole eligibility or the parole hearing

process, as well as to obtain information

about offenders who are currently on

probation or parole.

Automating the Notification Process

Many States have opted for automated

victim registration and notification systems

that can save considerable time, money, and

human resources. These automated systems

help ensure that victims are notified of an

offender’s release or impending parole

hearing in a timely manner that is in

accordance with the law. Automated

systems work by linking a central server

computer, via telephone lines, to existing

systems in jails, courthouses, prosecutor’s

offices, probation and parole offices,

and prisons.

According to Sigmon and Seymour

(1996, p. 20–27), the process of automated

victim notification generally includes

the following:

■ Victims who request to be notified of

an offender’s release (either through a

prosecutor, victim service provider,

Department of Corrections, or paroling

authority) have their name, address,

and telephone number entered into a

centralized database.

■ The victim contact information is on a

security screen, which means that only

authorized personnel (such as the victim

services program manager, or case

records personnel at institutions) have

access to it.
26

Chapter 2: Impact, Notification, and Informational Services

■ Computerized notification letters

designed to provide details on the

offender’s status, including release,

upcoming release hearing, or death, are

keyed into the system and matched to

the relevant victim information file.

■ At the appropriate juncture mandated

by law (such as 60 days prior to release),

the letter is automatically printed out by

the computer and disseminated by the

victim services program (in centralized

systems) or case records personnel

(in decentralized systems).

Virginia Department of Corrections

The Virginia Parole Board began

implementing its victim notification

program in July 1989. At that time, the

notification consisted of parole status

information only and was a manual

process that consisted of a large red card

(containing victim contact information)

placed in an offender’s central office file

with instructions to forward the file to the

Victim Services Unit when it became an

active Parole Board case. Although the

system basically worked, at times, it fell

prey to human error causing some cases to

“fall through the cracks.”

In 1992, the Parole Board decided to move

toward a totally automated case information

and processing system. The Victim Services

Unit, which is now a part of the Virginia

Department of Corrections (DOC) uses a

Windows-based relational database

management system. The system they have

set up allows the victim database to be linked

with the offender database, so when changes

in the offender’s status occur, the system

automatically identifies changes in status

without relying on a manual process that is

subject to human error. This automated

system also allows for quarterly notification

of the offender’s current parole eligibility,

as well as a current mandatory release date.

In terms of extracting statistical and

managerial information from the victim

notification database and the offender

database, the following specific questions

can be queried:

■ Which area of the State has the most or

least victim notification participation?

■ Which offenders will be released on

mandatory parole over the next 6 months

who have victims who want to be

notified?

■ How many offenders have multiple

crime victims?

■ What type of crime is most likely to

generate an interest in victim

notification?

Any number of specific questions can

be asked and answered for statistical or

notification purposes. For example,

when Virginia transferred several

hundred inmates to Texas in response to

overcrowding, the Victim Services Unit was

able to query the database and determine

exactly who the offenders were, the crime

they had committed, and the victims’ names

and addresses for appropriate notification.

The innovative characteristic of this

program is its use of existing technology

in automation. Its exemplary qualities are

the system’s ability to provide accurate

and timely notification to a large number

of victims with limited staffing.

Startup costs were minimal as the Parole

Board had committed itself to full

automation of the parole process. Currently,

there are two staff persons in the Victim

Services unit, each using a networked 486

personal computer, Microsoft AccessTM

software, and a laserjet printer. The

combined hardware costs for the two PC’s

and software licenses were obtained for

less than $5,000. Staff of the Information

Management Systems Unit at the Parole

Board did the necessary alterations and

programming to allow for the conversion

of the database from the original automated
27

Chapter 2: Impact, Notification, and Informational Services

system and to allow for specific features

that were needed in the new system.

Although not all offender status changes

for victim notification are automated, the

VA DOC is committed to the computerized

system and is hopeful that in the near future

all functions will be online.

Kentucky Department of Corrections

The Kentucky Department of Corrections

and the Kentucky Parole Board have

implemented a promising notification

system which links the 15 State prisons

with crime victims, who wish to be notified

of their offender’s status, throughout the

Commonwealth of Kentucky. The program

is modeled after a successful Jefferson

County, Kentucky program that originated

in December 1994 as a response to a

tragic murder. Mary Frances Byron of

Jeffersontown, Kentucky was shot and

killed by her former boyfriend as she left

work less than 3 weeks after he was

charged with kidnapping and raping her

at gun point. He had been released from

jail on bond, and she had not been notified

of the release despite assurances that she

would be. He was later convicted of

murdering her. In response to the public

outcry following this tragic crime,

Kentucky implemented its automated

system in Jefferson County to notify

victims when offenders are released

from the county jail. (See Appendix B.)

Adapted for use by the Kentucky Department

of Corrections and the Kentucky Parole

Board, critical information regarding inmates

can now be accessed by victims through the

automated system, automatically 24 hours a

day, 7 days a week with complete anonymity.

Recently, the KY DOC has been directed

by statute to link all 84 jails throughout the

Commonwealth to the system. There also

are plans to link the KY Juvenile Justice

Department to the system so that victims

of juvenile offenders can register for

notification as well.

The following immediate information is

available through the automated system:

■ Custody status of the inmate: Information

is provided on whether the inmate is

incarcerated, has been transferred, has

been released, or has escaped.

■ Location of the inmate: The current

institutional address and telephone

number is given for inmates in

departmental custody.

■ Parole eligibility: The next parole

hearing date is given.

■ Sentence expiration: The tentative

release date is given.

Victims also can call the toll-free number

(800–511–1670), using a touch-tone

telephone, to register for notification.

Through computer generated calls, all

registered victims will be immediately

contacted at a predetermined telephone

number when an inmate is scheduled for

release or if an inmate escapes from custody.

The system continues to call the victim

every hour for the first 8 hours, every 4

hours for the next 24 hours, and every 6

hours for the following 24 hours or until

the requesting party accepts the release

information. The system is designed to

provide 72 hours advance notification.

In cases of parole, changes in sentencing

due to immediate time credits, court ordered

discharges or escapes, the system will

begin to call once the release occurs.

Each victim is allowed to register two

telephone numbers. To ensure that the

victim receives the release information,

the system asks the victim to leave a four

digit personal identification number (PIN).

Victims are encouraged to choose a PIN that

is easy for them to remember since it may be

several years before the inmate is released.

Use of the PIN is the only way to halt the

notification calls. Victims who move or

change telephone numbers must ensure

that this information gets entered into the
28

Chapter 2: Impact, Notification, and Informational Services

automated system. Otherwise, it can

create a situation where the system calls an

incorrect number and the person or agency

on the receiving end of the call is unable to

stop the calls because they do not have the

victim’s personal identification number.

Also, without the proper telephone number

being supplied or updated by the victim, he

or she may not receive the notification that

they originally requested.

If a victim does not have a touch-tone

telephone, the victim may still register for

notification by calling the toll-free number

and staying on the line and speaking with an

operator or by calling the Offender Records

Office. Registered victims with rotary dial

telephones are able to receive notification

through the automated system and are

provided with instructions on how to use

their PIN to confirm receipt of the

notification announcement. Individuals

without telephones may request written

notification of an inmate’s release.

Tennessee Department of Correction

Recently, in Tennessee, the Department

of Correction implemented an automated

calling system — V.O.I.C.E. (Victims

Offender Information Caller Emissary).

Through the use of a touch tone phone,

registered victims can call V.O.I.C.E. and

access immediate and accurate information

about parole hearings and eligibility dates,

scheduled and early release dates, and the

location of the offender. Currently, the

system cannot make outgoing calls to

victims; however, the department forecasts

that soon the system will be able to call

registered victims and notify them of

escapes, prison location changes, sentence

or parole eligibility date changes, or the

status of the offender.

Concerns to Address with

Automated Callback Systems

Automated callback systems offer

jurisdictions who choose to use them a host

of benefits — most importantly timely and

efficient notification of victims of crime.

However, as with any automated system,

there are some drawbacks and concerns to

consider and address. Concerns espoused

by some victim advocates relate to the

possible errors that can occur by persons

responsible for entering the data (e.g.,

transposing numbers in the telephone

number) and to situations where telephone

lines may be down for a period of time due

to inclement weather or in instances where

victims do not have phones.

Additionally, limitations to automated

callback systems noted by some victim

advocates include the lack of personal

contact involved in a call placed by an

automated system. Upon receiving the

news that an inmate is about to be released

or has escaped custody can instill concern

in some victims and generate many

questions. Therefore, departments should

ensure that the system provides the victim

with information on who they can contact

for additional information (e.g., probation

and parole department’s victim services

office, local victim/witness advocate).

Optimally, departments with automated

notification systems should consider

augmenting the system with a 24-hour

toll-free telephone number that victims can

call to talk to someone who can provide

crisis counseling and provide referrals, as

well as answer questions they may have

about the individual’s release.

Using the Internet to Provide

Information and Notification

The Internet is a powerful tool for

disseminating information. Currently, its

use by probation and parole agencies to

provide information to victims of crime is

rather limited. However, as more people

gain access to the system and it becomes a

more routine informational tool in people’s

everyday lives, it is likely that different and

innovative ways of using the Internet to
29

Chapter 2: Impact, Notification, and Informational Services

provide information, solicit victim input,

and keep victims informed will be

developed. Although, as with any

technology, agencies will have to be

careful in protecting confidentiality of

victim information.

At the very least, probation and parole

agencies can use the Internet to provide

general information about their services

available to crime victims. The Texas

Department of Criminal Justice and the

Ohio Department of Rehabilitation and

Correction are examples of two agencies

that have put information about their

victim services on their Web sites.

(Further information about the Web sites

the Ohio Department has designed is

provided in Chapter 8.)

Victims who have access to the World

Wide Web can go to an agency’s home

page and read about the services available

to them. Probation and parole agencies

also should be aware of other Web sites

(i.e., local, State, and national victim

service organizations) that victims can

access to get information on victim

services or issues and, if possible, arrange

for automatic links from their Web site to

other sites. Information on how to access

the National Criminal Justice Reference

Services (NCJRS) and the Office for

Victims of Crime Resource Center

(OVCRC) online and other victim-related

Internet sites is included in Appendix G.

The New Jersey Parole Board is an

example of one agency that is using

the Internet to help meet some of its

notification mandates. Pursuant to the

provisions of N.J.S.A. 30:4-123.45 et seq.,

the New Jersey State Parole Board is

required to give public notice when adult

inmates are to be considered for parole.

To help provide this notice, they have

created a Parole Eligibility Notice section on

their Web site (http://www.state.nj.us/parole)

that lists release dates of adult inmates by

county.

Educating Local and State

Victim Service Providers

Information about how the notification

process works within probation and parole

agencies should be given to all local and

State victim service providers. Information

can be provided in the form of written

materials that victim service providers can

distribute to their clients, as well as use for

their own internal reference. Networking

events, training seminars, and presentations

also are effective ways to educate victim

service providers about the notification

process, as well as other services provided

to victims within the department. The key

is for probation and parole agencies to be

proactive about communicating with victim

service organizations and to seek these

agencies out. Additional information

about community relations and outreach

strategies may be found in Chapter 8.

Conclusion

This chapter provided an overview of

issues related to providing victim impact,

notification, and informational services.

All probation and parole agencies should

solicit victim input and keep victims

informed of case status as essential

components of their work in order for

victims to resolve their anxiety and also

for the probation and parole agencies to

fully understand the impact of the crime.

Only by opening lines of communication

and educating victims and the public on

what they do, will probation and parole

actually better serve crime victims as well

as the community-at-large and elevate

crime victims to client status.
30

Chapter 2: Impact, Notification, and Informational Services
31

Chapter 3: Restitution

Chapter 3:

Restitution

Introduction

The financial impact of crime on victims

is staggering.

■ Violent crime (including drunk driving

and arson) accounts for $426,000 billion

annually, and property crime accounts

for $24 billion. (Miller, Cohen &

Wiersema, 1996).

■ Personal crime is estimated to cost

$105 billion annually in medical costs,

lost earnings and public program costs

related to victim assistance. When pain,

suffering, and the reduced quality of life

are assessed, the costs of personal crime

increase to an estimated $450 billion

annually (Miller, et al., 1996).

■ Four out of five gunshot victims are on

public assistance or uninsured, costing

taxpayers an estimated $4.5 billion a

year (Office of National Drug Control

Policy, 1995).

■ Victims pay about $44 billion of the

$57 billion in tangible nonservice

expenses for traditional crimes of

violence. Employers pay almost

$5 billion because of these crimes

(health insurance bills, sick leave, and

disability insurance), and government

bears the remaining costs through

lost tax revenues and Medicare and

Medicaid payments (U.S. News and

World Report, July 1, 1996).

When one considers these statistics,

the importance of restitution takes on

significant meaning. The benefits to

victims are clear — they receive economic

compensation for losses, they hold the

offender accountable, and they see the

criminal justice system as responsive to their

needs. For offenders, restitution offers the

opportunity to comprehend the injury of the

offense and the very real consequences to

the victim. Restitution also provides

offenders with the experience of taking

responsibility for the injury they have caused

and of being held accountable to the victim

and society for the resulting damage.

However, for restitution to be truly

meaningful, there must be strict accountability

on the part of the offender to pay. Similarly,

the system must be accountable for the

effective and efficient collection and

processing of restitution, and must maintain

mechanisms for enforcing the collection of

restitution when offenders’ repayment

becomes delinquent.

Key elements of an effective restitution

management process with a focus on the role

of probation and parole will be examined in

this chapter. Readers will be informed about

the following:

■ The coordinated interagency approach

and victims’ involvement in the

development of restitution programs.

■ Factors that should be considered when

assessing and documenting victim loss or

an offender’s ability to pay.

■ The merits of encompassing restitution

as an agency value and of incorporating

restitution strategies within the case

supervision plan.

■ Automated collection systems used in

three States.

■ States that have legislatively authorized

approaches to restitution collection.

■ Various alternative methods of collecting

restitution used in several probation and

parole agencies.
32

Chapter 3: Restitution

Collection of Restitution —

An Agency Value

Unfortunately, many supervising agents do

not feel that it is their responsibility to be a

“bill collector,” and they continue to view

the collection of restitution in that context.

Compounding this issue is the fact that

the collection of restitution often directly

competes with the collection of other

court-ordered fines and fees, some of which

may be used to supplement the budgets

of probation and parole departments and

pay officers’ salaries.

Probation and parole agencies can place

the collection of restitution in proper

perspective by developing and implementing

specific and directive restitution-related

policies and procedures that dictate the

importance of restitution collection for

the individual officers. If restitution

collection is encompassed as an agency

value, stipulated as first priority in the

order of collection of court-ordered fines

and fees, and reinforced by the

implementation of performance-based

measures on restitution management and

collection, probation and parole agencies are

more likely to see favorable results.

Tarrant County Community Supervision

and Corrections Department, Texas

The Tarrant County Community Supervision

and Corrections Department’s (CSCD)

stance on the officer’s responsibility for

restitution collection is quite clear in its

policies and procedures related to probationer

payments as stated, in part, below:

Ideally, every probationer would pay

all fees on time. In reality, probationers

are not likely to do so. Therefore, to

maximize collection of fees, all probation

officers must accept their responsibilities, be

determined to enforce probation conditions

and be willing to invest the effort in their

casework. Each probationer, regardless of

how many different probation officers may

supervise or contact them, should

experience their universal diligence in

collection of fees. The probation officer,

who shuns or is casual about the responsibility

to collect fees, thwarts the efforts of the

Department and those who take the

responsibility seriously.

Written policies and procedures help to

clarify staff roles and responsibilities.

It is clear when reading Tarrant County’s

policies and procedures that officers are

expected to take the order of restitution

seriously and not to place it on the back

burner when enforcing the conditions of

probation. Their comprehensive and

detailed policies and procedures related to

probationer payments specify the following:

■ The payment of fees is of equal

importance to any other conditions

that the Court may order, and that the

probation officer is responsible for

monitoring the probationer’s payments

and using the casework process and

supervision plan to motivate and compell

the probationer to take steps necessary to

make payments as ordered by the Court.

■ Restitution collection is to be top

priority among all court-ordered fees

collected by the Department.

■ The steps the probation officer must

take when documenting payment or

noncompliance with the payment

schedule.

■ The detailed procedure the officer is to

follow when the probationer falls behind

on making payments (e.g., discuss the

problem with the offender, determine

obstacles affecting the offender’s ability

to pay and incorporate strategies within

the supervision plan to overcome the

obstacles).

■ The action to be taken if a probationer

claims that payments were not or cannot

be made due to a temporary or permanent

medical condition.
33

Chapter 3: Restitution

■ The officer is to document the actions

taken to bring the offender into

compliance in the event the case is

referred back to the court.

The Tarrant County CSCD also holds

inservice training for supervision officers

on these procedures as well as on strategies

for increasing collection of court-ordered

fees. A copy of the Tarrant County CSCD

polices and procedures for probationer

payments is included in Appendix C.

Agencies that implement these types of

policies and procedures will reinforce the

message that restitution collection within

their agencies and on the part of individual

officers is important.

The Restitution Process

The restitution process extends from

the commission of the crime to the

postsupervision period. Its effective

management is dependent upon the

coordination of multiple tasks by numerous

professionals in separate agencies and

departments within the criminal justice

system. Key players in the restitution

process include victims, law enforcement

officers, prosecutors, probation and parole

agents, corrections officials, paroling

authorities, and the courts. These

professionals, alone or in combination,

must coordinate and accomplish numerous

tasks comprising the process of criminal

restitution which include the following:

■ Apprehension and adjudication of the

offender.

■ Determination of eligibility for

restitution.

■ Consultation with the victim to

determine losses.

■ Consideration of restitution in plea

negotiations.

■ Preparation of presentence report.

■ Thorough assessment of defendant’s

ability to pay.

■ Determination of payment schedule.

■ Determining the order of restitution and

other financial obligations.

■ Monitoring and enforcing restitution

orders while an offender is on probation,

parole, or incarcerated.

■ Prevention of offenders’ hiding of assets.

■ Imposition of restitution conditions

following a period of incarceration.

■ Application of sanctions for nonpayment.

■ Collection of restitution payments.

■ Allocation of restitution fines to victim

compensation boards.

■ Distribution of funds to victims.

■ Imposition of available civil remedies

(Burnley and Murray, n.d.).

Most jurisdictions organize their restitution

management operations around one

particular agency that maintains the primary

responsibility for the administration and

collection of restitution with a minimum

of assistance and cooperation from other

agencies. Typically, this is the probation

department; however, in many jurisdictions,

the prosecutor, court administrator, or

victim/witness office takes the lead. This

type of management structure prevents

restitution from being a systemic

responsibility. Rather than creating a

dynamic and ongoing sense of shared and

mutual responsibility among all participants,

the process tends to be impossible to

coordinate and impossible to render

effective (Burnley and Murray, n.d.).

Coordinated Interagency Approach

The coordinated interagency approach

to restitution management, developed by

the Victim Assistance Legal Organization
34

Chapter 3: Restitution

(VALOR), is a promising and common sense

approach to solving some of the problems

which have plagued effective administration

of restitution programs for decades.

In the report, Restitution Reform: The

Coordinated Interagency Approach,

published by the Office for Victims of

Crime, Burnley and Murray (n.d.) outline

five essential goals in the management of

restitution based on the coordinated

interagency approach. These goals are

closely interrelated and fundamental to the

success of a restitution program. They are

as follows:

■ Effective Communication and

Coordination Among Criminal Justice

Agencies and Professionals: Effective

communication and coordination among

criminal justice agencies and personnel

are crucial to successful restitution

management. A lack of communication

affects every aspect of the process and

severely hampers any efforts to improve

restitution management.

■ Clear Definition and Delineation of

Restitution Roles: Since restitution

involves a multitude of tasks, it is

essential that agency roles be clearly

defined and acknowledged. The lack of

such clarity can lead to duplication of

services or failure to provide certain

services at all. Neither the victim nor

justice is served when the system fails

to define and assign the roles involved

in restitution in the most efficient and

effective manner.

■ Efficient and Streamlined Coordination

of Restitution Tasks: Restitution tasks

must be viewed with a keen eye towards

elimination of unnecessary steps and

duplication of efforts. The overlapping

of restitution tasks — such as preparation

of the victim impact statement, or

notification of victims regarding case

developments — is not only a waste of

jurisdictional resources, but harmful to

the overall efficiency of the restitution

process and insensitive to crime victims.

Effective streamlining also requires the

assignment of each task to the agency

most capable of performing it efficiently.

At times, this may require rethinking of

procedures or reallocation of resources.

■ Routine and Regular Flow

of Information and Data:

The establishment of a routine flow

of restitution information pertains

to (1) substantive and procedural

information regarding all restitution

cases as they progress through the

system; and (2) restitution data

generated from statistical figures on

the status of restitution accounts. It is

extremely important for each agency

along the criminal justice continuum to

be aware of any developments, changes,

or problems that have occurred vis-à-vis

other agency restitution responsibilities.

■ Participation and Accountability by

All Parties to the Process: The goal

of accountability refers to the need for

each criminal justice system agency

and professional to be willing to take

responsibility for their portion of the

restitution process. Restitution is about

taking responsibility — on every level.

Key to the establishment of such

responsibility is the recognition of the

interdependence of all components of the

criminal justice system. The coordinated

interagency approach provides a climate

in which acceptance of responsibility and

accountability by all participants can be

realistically achieved.

Victim Involvement in the

Development of Restitution Programs

Victims, more than anybody else, are

able to provide personal insights into the

importance of restitution, as well as any

problems they may have faced in receiving

their own restitution payments. Agencies

seeking to initiate or enhance restitution
35

Chapter 3: Restitution

programs can tap victims’ expertise in

several ways (National Center for Victims

of Crime, 1997b):

■ Conduct random victim satisfaction

surveys that provide victims with the

opportunity to assess the efforts of the

agency and/or staff related to restitution.

■ Utilize existing agency Victim Advisory

Committees to review policies and

procedures and make recommendations

for improvement.

■ Establish a specialized, crosscollaborative restitution committee or

consortium that includes victims as

members, for the purposes of improving

approaches to restitution.

For example, the California State Board

of Control, which administers the State’s

victim compensation program, formed a

Restitution Committee “to bring together

a broad range of criminal justice

organizations/entities to address restitution

and victim service issues.” Representatives

come from the following cross-agency/

cross-jurisdictional committee memberships:

■ State Attorney General’s Office.

■ Judicial Council.

■ California Judge’s Association.

■ Legislative Analyst’s office.

■ California District Attorney’s Association.

■ Chief Probation Officer’s Association.

■ California Court Clerks Association.

■ California Superior Court Clerk’s

Association.

■ California Superior Court Administrators.

■ Victim and Witness Coordinating

Council.

■ Office of Criminal Justice Planning.

■ California Department of Corrections.

■ California Youth Authority.

The Restitution Committee provides

an ongoing forum for member organizations

to offer input and ideas regarding proposed

legislation, restitution policies and

procedures, and victims’ needs. Since

each member represents a different and

unique perspective, the entire Committee

benefits from their shared insights,

problems, and issues.

Crime victims also need information that

helps them to understand the process of

ordering, monitoring, and collecting

restitution in the criminal and juvenile

justice systems. An overview of how all

financial obligations are processed

(including restitution, base fines, and other

penalties) should be provided to victims.

Two excellent charts developed by the State

Board of Control that visually describe the

restitution process in California are included

in Appendix C.

Key Elements for the Management

and Collection of Restitution

Keeping the concepts discussed above in

mind, the following characteristics and

components should be considered by

probation and parole agencies when

implementing promising restitution

practices:

■ Information should be gathered from

the victim during the presentence

investigation and prior to parole to

estimate the amount of financial loss

for use during sentencing and parole

hearings. In addition, a good faith effort

should be employed when trying to locate

victims for restitution payments.

■ Once restitution is ordered, written policies

should be in place to ensure that restitution

is monitored, managed, collected,

enforced, disbursed, and stipulated as a

priority in the order of collection.
36

Chapter 3: Restitution

■ Agencies should implement automated

systems to aid in monitoring, managing,

collecting, and disbursing restitution and

other victim-related fees and fines.

■ Probation officers should incorporate

measures within the supervision plan

to increase offenders’ ability to pay

(e.g., help offenders seek employment

opportunities, provide referrals to job

training classes).

■ The agency should have alternative

means available for collecting restitution

(e.g., civil remedies, attachment of

assets, garnishment of wages, restitution

centers, collection of restitution while

institutionalized, forfeiture of bond

money for restitution obligations,

statutory ability to extend supervision

for nonpayment, denial of professional

licensure).

Assessing and Documenting Loss

An accurate and detailed assessment of

the extent of the victim’s injuries and losses

is critical to a fair order of restitution.

While victims may have provided initial

information on the financial impact of the

crime in a victim impact statement provided

to the prosecutor’s office, additional and

unforeseen financial burdens may have

been incurred by victims since that time.

By gathering or updating victim impact

information referring to financial loss at the

time of the presentence investigation and

prior to parole hearings, probation and

parole can ensure that the most accurate

information is available when the restitution

amount is determined and ordered. Some

considerations for guidelines that should

be provided in writing to victims include

the following:

■ Employer statements (letters or affidavits)

that document unpaid time off from

work the victim took as a result of

injuries from the crime or involvement

in justice processes.

■ Documentation of any workers’

compensation claims submitted and/or

claims payments received by the victim.

■ Copies of bills for services directly

related to victims’ financial recovery

from the crime.

■ Any receipts for items or services.

■ Documentation that estimates the value

of stolen property.

■ Photos of valuables that were stolen.

■ Copies of any documentation often

provided by local law enforcement

agencies (e.g., records of serial numbers,

photos) that is intended to aid victims in

the recovery of stolen property.

■ Any law enforcement records that

indicate the status of stolen property

(e.g., property recovered, recovered but

damaged).

■ Copies of victims’ applications to and/or

copies of checks received from the State

victim compensation fund.

■ Copies of insurance claims and related

correspondence between victims and

their insurance company, as well as

copies of checks victims may have

received to cover losses.

When the victim files claims with the

State for compensation due to crime,

the offender is still held accountable.

In assessing economic loss to victims

as part of a presentence investigation,

probation officers must understand that

payment made by a Compensation Program

does not exempt offenders from having to

pay. When a probation officer recommends

to the court that restitution be paid, the

officer must consider the amount to be

reimbursed to the Compensation Program.

Immediate Losses

As early as possible, either before or during

the presentence investigation, victims
37

Chapter 3: Restitution

should be asked to report information

about their losses by completing or

updating a financial worksheet, and

providing documentation as described

above. A sample financial worksheet is

included in the model victim impact

statement forms found in Appendix B.

The range of these losses can include the

following:

Medical Care

■ Emergency transportation to the hospital.

■ Rape kit examinations that are not

immediately paid by a third party.

■ All expenses related to the hospital

stay, including the room, laboratory

tests, medications, x-rays, HIV testing

in cases involving the exchange of

bodily fluids, and medical supplies.

■ Expenses for care provided by

physicians — both inpatient and

outpatient — medication and medical

supplies.

■ Fees for physical or occupational

therapy.

■ Replacement of eyeglasses, hearing aids,

or other sensory aid items damaged,

destroyed, or stolen from the victim.

■ Rental and related costs for equipment

used for victims’ physical restoration

(e.g., wheelchairs, wheelchair ramps,

special beds, crutches).

Mental Health Services

■ Fees for counseling or therapy for the

victim and his/her family members.

■ Any costs incurred as a result of the

victim’s participation in support or

therapy groups.

■ Expenses for medications that doctors

may prescribe for victims to help ease

their trauma following a crime.

Funeral Expenses

■ Costs associated with burials, i.e., caskets,

cemetery plots, memorial services, etc.

■ Expenses for travel to plan and/or attend

funerals.

Time Off From Work

■ To repair damage following property

crimes.

■ To attend or participate in court or parole

proceedings.

■ To attend doctors’ appointments for

injuries or mental health needs directly

resulting from the crime.

Other Expenses

■ Crime scene cleanup.

■ Costs of replacing locks, changing

security devices, etc.

■ Expenses related to child or elder care

when victims have to testify in court.

■ Relocation expenses.

■ Fees incurred in changing banking or

credit card accounts.

In addition to losses sustained as a result of

violent crime, losses can also be sustained

as a result of stolen, damaged, or destroyed

property, including loss of money due to

insurance or telemarketing scams or fraud.

A victim’s car could be stolen and may incur

$1,000 in expenses that were not covered by

insurance. Resultant expenses can be cost

of repair, insurance deductibles, cost of

other transportation if a car is stolen. These

losses are significant and can be listed as

compensable costs.
38

Chapter 3: Restitution

Projected Expenses

Victimization often results in injuries or

losses that are long term in nature. While

it is not possible to accurately document

such projected expenses, it is possible to

document expert opinions as to future

financial obligations the victim might

incur as a direct result of the crime.

Victims should be advised to seek

documentation (a letter or affidavit) from

professionals who are providing them with

medical or mental health services that offers

an estimate of the victims’ future treatment

needs, as well as related expenses. Such

costs can include the following:

■ Long-term medical treatment.

■ Physical or occupational rehabilitation

or therapy.

■ Mental health counseling or therapy.

■ Time that must be taken off from work to

receive any of the above services.

The justice professional responsible for

assessing victims’ restitution needs should

provide this documentation to the court or

paroling authority.

“To Be Determined” Restitution Orders

One of the most significant challenges to

assessing victims’ losses is the speed in

which cases move through the criminal and

juvenile justice systems. Plea bargains

and related sentencings are often finalized

without adequate time to determine victims’

financial losses.

Courts should have the option of including

“to be determined” restitution orders as

part of the sentence in cases that are plea

bargained. In California, courts are required

by law to impose “to be determined”

restitution orders if victims’ losses are not

fully assessed at the time of sentencing.

Once victims’ losses are determined, the

case is returned to court to officially record

the restitution order and establish a payment

schedule.

This innovative approach provides an

important opportunity for offender financial

accountability in cases where the only

alternative is no restitution order at all.

Assessing the Offender’s Ability to Pay

The “other side of the coin” of victim

documentation of financial losses is

conducting an assessment of the offender’s

ability to pay, in order to recommend an

appropriate restitution payment plan. The

responsible justice agency should evaluate

the offender’s current and future financial

status in making recommendations about

both the amount of restitution as well as

the payment schedule.

Issues for consideration include the

following:

■ Current employment status, including

salary, benefits, and pension plans.

■ Projections on future employability

(that assess the type of job and

remuneration offenders might secure).

■ Assets not essential to the offender’s

quality of life (excluding home or

automobile ownership), including

savings accounts, investments such as

stocks, bonds and mutual funds, and

income from investment properties.

■ Potential contingency funds, such as

State and Federal income tax returns,

winnings from lotteries, or inheritances.

Management of Restitution

Even though the payment of restitution is

stipulated as a condition of probation and

parole supervision, many offenders manage

to complete their supervision period without

paying the amount owed. This disturbing
39

Chapter 3: Restitution

reality places the credibility of the

restitution process, as well as the integrity

of the entire criminal justice system, at

stake. To help prevent this from happening,

probation and parole officers must:

(1) take their responsibility for ensuring

that restitution is collected seriously,

(2) make an effort to instill an understanding

in the offender of the critical importance

of restitution for the victim and assist

offenders in increasing the ability to pay,

and (3) take all steps necessary to ensure

that the restitution orders are enforced and

monies are collected. Agencies can make

the restitution management process easier

for their officers by using automated

systems and by using specialized staff or

units for restitution collection.

Studies have shown that increasing both

punitive and nonpunitive enforcement

mechanisms can increase the compliance

rate for restitution (Burnley and Murray,

n.d.). Findings from a study conducted

by the American Bar Association (ABA),

Improving Enforcement of Court-Ordered

Restitution, suggest that higher compliance

rates result: (1) when efforts are made to

monitor payments, and (2) when consistent

action is taken to respond to delinquencies.

To avoid a pattern of noncompliance,

effective monitoring practices should be

initiated so that delinquency can be

detected as soon as it occurs. In the ABA’s

survey of restitution directors, the directors

reported that delinquency in payment of

restitution occurred at the time of the first

payment approximately 50 percent of the

time and at midsentence the remaining

50 percent of the time. Rarely did

noncompliance occur at the end of an

offender’s sentence (Smith, Davis &

Hillenbrand, 1989). This suggests that early

and effective responses may successfully

interrupt a pattern of nonpayment.

Specialized Staff

Studies show that a separation between

responsibilities for the physical collection

of restitution and monitoring of offenders

can be extremely productive in terms of

overall program efficiency. The average

probation order contains 18 conditions

of probation. Ideally, probation officers

should not be in the position of supporting

offenders in efforts to responsibly comply

with restitution orders while physically

collecting the actual payment. The

separation of monetary collection and, if

desired, monitoring responsibilities can be

achieved by having two separate agencies

handle these tasks, or by having a separate

unit within the probation agency that is

established for restitution purposes (Burnley

& Murray, n.d.). It is important, however,

that the primary supervising officer not lose

sight of the needs of the victim because

they no longer collect restitution payments.

Some jurisdictions deal with this by having

the specialized restitution officer collect

payments while the primary supervising

officer continues to have monitoring

responsibilities.

Incorporating Restitution Strategies

Within the Supervision Plan

When talking to probation and parole

officers about restitution, a resounding

chorus of “you can’t get blood out of a

turnip” is often heard. It is true that many

times offenders have extreme financial

problems and are not able to earn adequate

funds to pay full restitution; however,

this should not excuse them from their

responsibility to reimburse victims.

Victims often experience severe financial

difficulties as a direct result from the crime

committed against them and deserve to

receive compensation. Even small payments

of $2 per month demonstrate to the victim

that the offender and supervising officer

take it seriously, that the victim is not

forgotten, and that every offender can

find a way to pay something.

Regardless of whether the probation or

parole agency is directly responsible for
40

Chapter 3: Restitution

physically collecting and disbursing fines

and fees, it is the universal responsibility of

probation and parole agents to monitor and

enforce the collection of restitution when

stipulated as a condition of probation or

parole. Research suggests that offenders

who work, live at a stable address, and

attend school are more likely to comply with

their restitution orders (Davis & Lurigio,

n.d.). Therefore, these and other issues that

affect the offender’s ability to pay restitution

should be considered and addressed by

supervising agents when developing the

supervision plan. For example, if an

offender is unemployed, the initial goal

would be to help the offender obtain

marketable job skills. Once that goal is

accomplished, the plan would be adjusted

to concentrate on making the offender a

regular payer (Godwin, 1994).

The following section highlights

promising practices that some probation

and parole agencies have implemented to

help offenders manage their money and

obtain and maintain employment, thereby,

increasing their capacity to pay restitution.

Tarrant County CSCD, Texas —

Personal Budgeting Course

The Personal Budgeting Course is a 3-hour

course provided through the Education

Unit of the Tarrant County Community

Supervision and Corrections Department

by Consumer Credit Counseling Services.

The goal of the course is to assist

probationers to improve their budgeting,

so that they will be able to pay their

court-ordered fees as well as other

essential financial obligations. Probationers

are referred to the program by their

supervising officer if they report an

income source that falls in arrears on

their court-ordered fees in an amount

that is equal to 3 monthly payments.

All probationers are required to fill out a

budget worksheet within 60 days of being

placed on probation. This is used as a

reference tool throughout the probationer’s

supervision period. A copy of the budget

worksheet is included in Appendix C.

Prior to attending the Personal Budgeting

Course, the offender completes an updated

budget worksheet that is forwarded to the

Education Unit for use during the course.

During the Personal Budgeting Course,

probationers analyze their financial

resources to create a manageable budget

that takes into consideration monthly

expenses (e.g., housing, food, utilities)

as well as nonmonthly expenses (e.g.,

car repairs, insurance payments, taxes)

and establish a money management plan.

The course also helps probationers identify

strategies for economizing and cutting

expenses and provides them with

information on community resources to

which individuals can turn for financial

assistance. At the end of the class, the

probationer completes another worksheet

which he takes to his supervising officer.

The supervising officer and the probationer

then negotiate a payment schedule. The

new schedule is included in the case

supervision plan.

Tarrant County CSCD, Texas —

Employment Services Program

The Employment Services Program is

designed to assist offenders on community

supervision in acquiring and maintaining

stable, full-time employment and increasing

their chances of succeeding under community

supervision. This program interacts with

other Tarrant County Community Supervision

and Corrections Department programs

which are currently in place, as well as

develops new working relationships with

other community agencies, educational

institutions, service providers, and Tarrant

County employers. In fact, staff of the

Tarrant County CSCD Employment

Services Program, Fort Worth Independent

School District, Texas Workforce

Commission, and Texas Rehabilitation
41

Chapter 3: Restitution

Commission are housed in one location

(i.e., Resource Center) to enhance the

ability of the agencies to work together

and share resources to assist offenders in

obtaining and maintaining employment.

The Employment Service Program

develops placements in the private and

public sectors for employment with regard

to the offender’s respective interests, needs,

and skill levels. The Employment Service

Program notifies the Supervision Officer

of an offender’s activities while s/he is in

the employment program. Records are

developed and maintained, and information

is gathered from a variety of sources on

local business conditions in relation to

openings, expansions, and closures. This

information is shared with other agencies

who, in turn, share their information on job

openings with the Employment Services

Program. The Employment Service

Program is marketed through public

service announcements and multimedia

presentations. Presentations of the

Employment Services Program are made to

businesses and service clubs upon request.

Montgomery County Community

Supervision and Corrections

Department, Texas —

Offender Employment Program (OEP)

The Offender Employment Program (OEP)

of the Montgomery County Community

Supervision and Corrections Department

(MCCSCD) is available to any probationer

under supervision who needs or wants

employment assistance. It is designed to

provide life long skills to increase the

probationers’ success at securing and

maintaining employment. The OEP is

staffed by a Job Specialist who is

responsible for coordinating the program,

networking with local businesses, and

providing one-on-one assistance to

probationers in securing and maintaining

employment. Initial assessments and the

job readiness training portion of the

program typically are handled by the

Educational Assistants in the department’s

Day Resource Center. The OEP is a service

offered by the department to augment the

other services being provided to the offender

while on supervision; therefore, while the

probationer is involved in the OEP, s/he is

still monitored by their supervising agent.

Referrals for the program are made by

supervising officers, and the department

director or assistant director following

an in-house administrative hearing. The

program consists of four main components:

1. An assessment of employability.

2. Classes to teach probationers job

readiness skills.

3. Assistance in securing employment.

4. Followup with the probationer and the

employer to increase the probability of

successful job placement (Brown &

Young, 1992).

Once a probationer has secured employment,

OEP staff continue to monitor the progress

of the probationer for a period of 2 years

or until the offender is removed from

probation. During this time period, OEP

staff is available to counsel probationers

who may be having difficulties adjusting to

the demands of the job and to help address

other employment problems that might arise.

Gainful employment is often the

critical factor in offenders fulfilling their

restitution orders. The public and agency

resources invested in such programs can

reap myriad benefits, including an improved

and expanded workforce; gainfully

employed ex-offenders who possess new

competency and job skills; a reduced burden

on taxpayers who might otherwise be

contributing to probationers’ livelihood

and/or the costs for re-incarceration that

might result from lack of structure and

rehabilitative activities; and, perhaps most

important, the payment of victim restitution
42

Chapter 3: Restitution

that helps victims reconstruct their lives in

the aftermath of crime.

Establishing Offender Sanctions for

Nonpayment of Restitution

Agencies responsible for enforcing

restitution must also enforce established

sanctions for offenders’ willful failure to

pay, and ensure that offenders under their

supervision are aware of the range of possible

sanctions. Such sanctions can be lifted in

extreme cases where an offender can

demonstrate hardships that prevent the

maintenance of timely restitution payments;

however, in such cases, restitution payment

schedules should be adjusted, not abandoned

(National Center for Victims of Crime, 1997b).

It is also important that officers understand

their obligation to report nonpayment of

court- and parole board-ordered restitution

in order to assess the reasons for nonpayment,

and possibly consider sanctions for offenders

in violation of official orders. Victims

should be provided the opportunity to have

input into the type(s) of sanctions that might

be imposed. In addition to the remedies

noted above, such sanctions can include

the following (National Center for Victims

of Crime, 1997b):

■ Public/community service employment

(both paid and nonpaid).

■ Intensive supervision.

■ House arrest.

■ Curfews.

■ Electronic monitoring.

■ Urinalysis.

■ Revocation of supervision to

incarceration (including minimum

security institutions and work release

programs).

Automating the Restitution Process

Automation can relieve many of the

burdens associated with management and

collection of restitution. Manual methods

of managing restitution can be extremely

cumbersome — often involving the use of

color-coded ledger sheets for the recording

of different types of revenue collected, the

use of carbon paper, a lengthy correction

process in the event that an error is made

on an official ledger sheet, and hand

stamping of receipts with the official

seal of the agency. The cycle never ends

— often contributing to keeping restitution

collection and enforcement at a low priority

(Beatty, Frank, Lurigio, Seymour &

Macgargle, 1994).

Automation can enhance the restitution

process by doing the following:

■ Reducing the amount of staff time

needed to manage and collect restitution.

■ Automatically generating letters of

reminder or bills to offenders related to

restitution and other court-ordered fees.

■ Automatically generating letters to

victims informing them about the

restitution process, the status of the

payments owed to them, and other

available services.

■ Increasing the ability of probation and

parole officers, supervisors, and

department administrators to access

information on the status of an individual

offender or of a group of offenders (e.g.,

all offenders supervised by a particular

agent or unit, all offenders ordered to pay

restitution throughout the State).

■ Enabling agencies to prepare statistical

reports quickly and easily to analyze

and report their progress or results

(e.g., collection rates).

While a number of probation and parole

agencies are turning to automated systems

to manage restitution, this section will focus
43

Chapter 3: Restitution

The Court-Ordered Payment System

has given the Florida Department of

Corrections the means to do the following:

■ Automate the collection and receipting

process of offender payments.

■ Provide an audit trail.

■ Expedite the disbursement of offender

payments to victims and other payees.

■ Establish payment schedules as defined

by the orders of supervision.

■ Disburse offender payments equitably

among all victims and other payees within

48 hours of being collected.

■ Generate reports and statistical information

on the status of the collection of courtordered payments in the Department.

Some of the main characteristics and elements

of COPS are highlighted in Figure 3-1.

Figure 3-1: Characteristics/Elements of COPS

1. Automated collection system is located

on the Department of Corrections

mainframe computer and linked to the

offender’s criminal history and

supervision/inmate record.

2. Innovative system provides court-ordered

payment information not only to all

155 probation offices throughout the

State of Florida but also to 51 major

institutions, 32 community correctional

centers, and 43 road prisons, work

camps, and forestry camps.

3. Offender’s obligation and payment

history while on supervision is readily

available by computer terminal to prison

officials if the offender is later sent to

prison. The same is true for offenders

released from prison to post-release

supervision.

4. Offenders bring in one payment

instrument (must be a guaranteed form

of payment, i.e., a money order) that is

disbursed to victims and other payees

according to the established payment

schedules in COPS.

5. Governmental checks are disbursed to

victims and other payees, eliminating

any possibility of victims having to

deal with worthless checks from

offenders.

6. The system provides a method for

heightened caseload management

awareness with the automated tracking

of restitution and other court-ordered

payments and provides the officer

with immediate and accurate

documentation for court proceedings

and administrative review.

on systems in place or being implemented

in Florida and Utah. The automated billing

system used by the Washington Department

of Corrections also will be discussed.

Florida Department of Corrections —

Court-Ordered Payment System

In May 1991, the Florida Department of

Corrections implemented its Court-Ordered

Payment System (COPS) to accurately

track and simplify the collection of courtordered payments. The system started as a

pilot in Gainesville, Florida and was fully

implemented throughout the State of

Florida by November 1993. Prior to the

implementation of COPS, the department

relied on a manual process for managing

and collecting restitution. According to

agency administrators, the labor-intensive

manual accounting system was inadequate

and resulted in a wide disparity of practices

and procedures and a general loss of

system control.
44

Chapter 3: Restitution

With reference to startup costs, the Florida

Department of Corrections reports that the

mainframe system was already in place.

Software was developed by the Department

of Corrections’ Management Information

Systems and Management Systems

Development with the collaboration of the

Department of Corrections Probation and

Parole Program Office. Funding for the

project came from the State of Florida’s

General Revenue Fund. Once COPS was

implemented, the Department began

collecting a statutorily-mandated 4 percent

surcharge on all court-ordered obligations

collected through the system. The surcharge

is paid by the offender in addition to the

amount ordered by the sentencing authority.

The surcharge is used by the department to

help defray the costs of processing payments

from offenders.

Utah Department of Corrections —

Offender Obligation System

The Utah Department of Corrections is in

the process of implementing a new automated

system, the Offender Obligation System, for

managing the restitution process throughout

the State. Prior to implementation of the

Offender Obligation System, each of the

seven regional probation and parole offices

in Utah managed the restitution process by

using a Wang computer system, running a

financial information database, to maintain

restitution collection and disbursement

information. The Wang system used a

central processing unit controlling “dumb”

terminals. The money collected in each

region was deposited in a local bank and

each region was responsible for issuing

checks to victims.

While this system was reported to have

served the Department well overall, several

disadvantages to the system were noted by

the Department that affected the quality of

services to victims:

■ The regions were totally independent of

each other and the Wang system was not

networked for communication between

regions. Due to different versions of

software and program code “fixes”

implemented over the years to address

region-specific problems, electronic

information from one region was not

compatible with another.

■ As offenders and victims moved

around the State, payment histories

and addresses had to follow by paper

in offender case files, notes, and

phone calls. At times, this type of paper

trail would result in overpayment,

underpayment, and lost information.

■ Smaller regional offices had a difficult

time maintaining enough staff to separate

money handling, bookkeeping, and

balancing duties required by department

auditing policies.

■ Offenders did not receive monthly bills

or statements, and often did not know

how much restitution had been paid, or

was owed. Agents had to rely on the

Restitution Technician in their region for

information on case status, which could

be a slow process. When offenders were

not reminded of restitution owed on a

regular basis, restitution was either

placed at a low priority or ignored

by offenders until pressured to pay

by agents.

■ Although the Utah Department of

Corrections is responsible for offenders

both in prison and on parole, historically,

there has been poor coordination of

restitution collection efforts between

them. This was due, in large part, to

the inability of the separate electronic

systems to communicate.

■ The old system was unable to combine

payments from multiple offenders for

a single recipient (i.e., victim) into

one check from within or among the

region(s). Large chain stores and other

statewide businesses would receive

multiple checks from each region —

one for each offender who owed

them restitution.
45

Chapter 3: Restitution

The Offender Obligation System was

designed to address and correct these

problems. One of the most beneficial

aspects of the new system is its ability to

communicate among regional offices, as

well as with other State systems. This

has helped to substantially decrease past

problems associated with overpayment,

underpayment, and misinformation.

All payments made by an offender while

on supervision or while institutionalized

are handled by the Offender Obligation

System. In short, the new system allows

for the following:

■ Probation and parole to access court

ordered and sentencing information from

the court.

■ The court to access information related

to offenders’ payment status.

■ Probation and parole officers and

supervisors to easily access the payment

history of an offender (or group of

offenders) from any PC on the network.

■ Victims to call the local region and

get immediate information on the

offender’s status, even if the offense

was adjudicated in another region.

In addition, the Offender Obligation

System has simplified and streamlined the

process for updating offender and victim’s

records (e.g., address changes). Since the

program and its data are centralized and

networked, any changes are reflected

instantly across the system.

To serve as a reminder, offenders receive a

monthly statement that shows their account

status and the amount due. An envelope

also is enclosed for offenders to mail in

their payments. Offenders are able to

submit personal checks for payment;

however, checks are held for clearance

until they are credited to an offender’s

account. If a check does not clear, the

Offender Obligation System notifies the

supervising agent so appropriate and

prompt action can be taken.

Rather than each region depositing money

in a local bank, a single bank account is

used for all deposits and disbursements,

thus, making balancing and audit functions

quicker and easier. Once the offender’s

account has money in it, the program uses

the payment schedule established by the

supervising agent and distributes the

money to the recipient accounts linked to

the offender. A disbursement program

then prints a single check to each recipient,

showing offender(s) and account

information on the check stub. Restitution

has been given the highest priority among

court-ordered fees and is collected first.

To prepare for the new system, the

Department’s management information

system staff were retrained, and new

programming staff were hired. New

equipment with networking capabilities

was purchased and installed across the

State. Beginning in 1993, the Department

began replacing the “dumb” terminals of

the Wang system with a Unix based

Client/Server system. Each region is a

Local Area Network with its own server(s).

The regions are joined in a Wide Area

Network across the State. Individuals in

the regional offices work on IBM based

PCs using the Microsoft Windows

environment. The Offender Obligation

System is being developed using the

Informix Database and Powerbuilder

front end for Windows compatibility.

Agency administrators report that all

funding for the Offender Obligation System

originated from Department budget funds.

Figure 3-2 shows a general breakdown of

project costs and funding for the system.
46

Chapter 3: Restitution

Figure 3-2: Costs of Utah’s Offender Obligation System

Amount Source Purpose

$500,000 Internal Service Purchase 4 H.P. Unix Servers and 24

Fund Network Servers with software and licenses

$4.5 million Pool of Division Hardware for entire Department — PCs,

Funds printer, etc. The major portion, but not all,

was for Field Operations.

$387,000 Budgeted Funds Software Contracting — Offender Obligation

System and PSI only. The Department has

an additional $456,000 in budgeted funds to

complete these two systems, making a total

of $843,000.

Due mostly to the initial hardware costs,

larger regions still do not have PCs for all

staff. Each region, based on its budget

status, decides how much to spend on

additional hardware/software. Also, each

region is being asked to provide personnel

for service on committees for development

and implementation of the program and

training. These “volunteers” maintain

their full case management and work

responsibilities, doing committee work

when possible. The Committee has “spent”

an estimated 15,000 hours developing and

implementing the program.

One new feature of the system to be tested is

the Division of Finance FINDER Program.

The FINDER Program is a result of Utah

Code Annotated 59-10-529 which allows the

Department of Corrections, in conjunction

with the State Tax Commission, to seize

an offender’s Utah tax refund if s/he

owes restitution. In the past, program

administrators report that the FINDER

Program has been used inconsistently by

individual agents. 1997 was the first time

the names of all offenders who owe

restitution were sent to the Tax Commission

automatically by a report prepared by

the OOS.

Washington Department of Corrections

The Washington Department of Corrections

operates a highly successful system for

restitution collection that is based upon

functions similar to credit card billings.

A monthly billing process helps some

offenders to budget victim restitution as

they would any other financial obligation.

It has proven effective in increasing

offenders’ victim restitution payments.

The Washington DOC offers the following

guidelines for program implementation:

■ An accounting system is an integral

component of the overall billing process,

and should include processes to

document and provide receipts for

offenders’ payments.

■ Legislation may be necessary that

requires the entity responsible for

disbursement of restitution payments

to establish a monthly billing process.
47

Chapter 3: Restitution

■ If a clerk’s office is responsible for

disbursement, a monthly billing process

should be established with the correctional

or paroling authority responsible for

monitoring restitution payments.

■ The agency bills the offender on a

monthly basis.

■ Policies should be established that clarify

and direct the filing and accounting

process.

■ Credit cards may be accepted as payment

for legal financial obligations. Any costs

incurred related to credit card payments

(such as interest) are the responsibility

of the offender.

■ Care and caution should be taken to

establish an internal audit process that

provides safeguards and protects agencies

that accept payments from offenders.

Westchester County

Adult Probation Department

In 1991, the Westchester County, New York

Department of Probation established an

Economics Sanctions Unit, a division of

the probation department specifically

responsible for the collection of restitution.

Payments from probation are mailed to the

unit, and restitution accounts are monitored

by the accounting staff. If there are

problems with payments, the accounting

staff notifies the offender’s probation

officer. Probation officers working within

the Economics Sanctions Unit receive

individualized and specialized training on

restitution collection, which is considered

a top priority by all involved personnel.

The Unit is designed to serve the needs of

both offenders and victims (Burnley and

Murray, n.d.).

Restitution and Employee Proficiency

While the elimination of collection

responsibilities benefits probation

monitoring, it is still essential that

probation officers be responsible for

monitoring offender restitution. For

example, probation officers in Westchester

County and Alexandria, Virginia are

evaluated, in part, on how well they manage

restitution cases. Although probation

officers are not collection agents, the

pivotal roles they play in galvanizing

offenders to positive, productive, and

socially responsible behavior are crucial

to restitution collection (Burnley and

Murray, n.d.).

Restitution and Victim

Compensation

In an article entitled “Restitution:

A National Priority,” National Association

of Crime Victims Compensation Boards

Executive Director Dan Eddy (1995) offered

an excellent overview of restitution’s effect

on victim compensation programs (pp. 2–3):

All 50 States, plus D.C., Guam and the

Virgin Islands, now operate crime victim

compensation programs. While each

State functions independently, under its

own State law, the programs tend to be

very similar in terms of their eligibility

requirements and basic types of

compensable expenses. All of the States

will pay for medical expenses, counseling

and lost wages, as well as for funerals

and lost support for deceased victims’

families. And all of the programs require

victims to be “innocent” of criminal

activity or misconduct, and to report

crimes and cooperate with criminal

justice agencies (though some programs

waive these requirements in some

circumstances). Major differences in

the programs lie in their relative sizes,

with some States having staffs of only

two or three running their programs

(the average size is about 10), and in the

dollar levels of benefits that are provided,

with maximums ranging from $5,000 in

several States to $46,000 and $50,000

in a few others (the median maximum

is $20,000).
48

Chapter 3: Restitution

Forty-three programs depend in whole

or in part on offender fees to fund their

compensation programs, with most of

this number paying for both benefits to

victims and administrative costs from

these fees. . .. Faced with mounting fiscal

demands, many States have instituted

various cost-control measures, such as

limits on mental health counseling, or

the payment of medical bills at a reduced

percentage. States are also searching

closely for collateral sources of payment,

such as private insurance, public benefits,

and restitution.

Because an effective restitution

recovery effort requires significant

amounts of staff time, and because many

compensation programs are short-staffed

already, restitution income has not been

a large source of funds for compensation

programs thus far. The programs are

largely dependent on others in the

criminal justice system to perform their

responsibilities in seeking, ordering,

and collecting restitution, and they

generally rely on the victims themselves

to reimburse the program when the

restitution received is for expenses

already paid for by the program

(Eddy, 1995).

But a number of States are finding that

a modest investment of administrative

resources can reap significant rewards.

Dan Eddy cites Iowa as an example;

“with only one person working full-time

on pursuing restitution recovery, it recoups

from offenders about 15% of the money it

awards to victims. . .. Iowa is perhaps the

best example of a State that has embarked

on a serious and systematic effort to

maximize its restitution recovery. By

identifying “key players in the restitution

arena, and then working closely with them

to make sure that restitution orders are

sought, obtained, and enforced, Iowa has

demonstrated clearly that restitution can be

an important component of a State’s overall

budget plan” (Eddy, 1995).

The collaborative, multidisciplinary

approach taken by Iowa’s Crime Victim

Compensation Program includes the

following processes (Eddy, 1995):

■ A letter is sent to the prosecutor

noting that the victim has applied for

compensation and requesting that

restitution be sought for the victim’s

losses.

■ When the compensation claim is

approved, another letter is sent to the

clerk of the court to track case status and

related restitution orders; if no restitution

was ordered, the prosecutor is asked to

seek an amendment to the sentence.

■ Once restitution has been ordered,

Iowa’s restitution specialist locates the

defendant’s whereabouts through the

Department of Corrections database,

and then communicates with corrections

officials or with parole officers to inform

them that the compensation program

expects restitution to be forwarded to it.

■ Regular direct correspondence to

offenders reminds them of their

obligation to pay, and makes clear that

the compensation program will continue

to monitor the offender’s payments.

■ Delinquency letters are sent to the

defendant, prosecuting attorney, and

parole supervisors when defendants

fail to pay, and additional penalties

are requested.

■ The program also utilizes garnishment

of offenders’ wages as well as employer

agreements for payroll deductions

to recapture the amounts it has paid

to victims.

■ Incarcerated offenders can have the

amount of restitution orders deducted

automatically from their accounts and

forwarded to the compensation program.
49

Chapter 3: Restitution

■ Through an agreement with the

Department of Revenue and Finance,

delinquent defendants’ income tax

refunds can be offset or seized to

fulfill restitution orders; the program

has even seized a lottery award from a

lucky offender!

Eddy (1995) explained that this promising

practice in restitution collection has been

aided considerably by several legislative

changes:

■ The compensation program is

specifically listed as an eligible recipient

in the restitution statute so a court can

order the defendant to reimburse the

program directly (after paying the

victim for losses not covered by the

compensation program).

■ The prosecutor is authorized to attach a

restitution lien to a defendant’s property

or other assets at the time of indictment,

so that those assets can’t be divested

prior to conviction.

■ All restitution orders are entered as civil

judgments, so that the victim and/or the

compensation program can execute the

judgment for nonpayment of debt.

This cross-agency effort has served to

increase funds for victim restitution and

compensation to collaboratively work

with justice agencies to enforce restitution

orders and to hold offenders accountable.

Improving the Rates of

Collection: State Laws

Many promising practices and strategies

that individually and collectively improve

the rate of restitution collections have been

authorized in recent years by State law.

The National Center for Victims of Crime’s

(1996) 1996 Victims’ Rights Sourcebook:

A Compilation and Comparison of Victims’

Rights Legislation summarizes a number of

States’ legislatively authorized approaches

to restitution collection:

■ Alabama: District attorneys may

establish a “restitution recovery division.”

The court may transfer any order to pay

victims’ restitution, court costs, or other

court imposed payments which are in

default to a district attorney’s restitution

recovery division and must, at the time of

transfer, assess an additional collection

fee of 30 percent. The district attorney’s

office keeps 75 percent of that collection

fee, with the remaining 25 percent

transferred to the court. The district

attorney and court are also authorized

to contract with private entities for

collection.

■ Arizona: The State charges an $8.00 fee

for offenders who wish to pay their

restitution obligations in installments.

■ Delaware: The court may hold an

offender’s drivers license as security for

payment of restitution or other costs or

assessments. If the offender fails to pay

as ordered, the driver’s license is

suspended.

■ Florida and Alabama: The court can

issue an income deduction order at the

time it orders restitution.

■ Kansas and Arizona: Both States require

that any payment by the State to the

defendant, including tax refunds, shall be

paid first to satisfy restitution obligations.

■ Massachusetts: Victims have the right

to receive a copy of the schedule of

restitution payments, and the name and

telephone number of the official

responsible for supervising payments.

■ Minnesota: An offender who is ordered

to pay more than $500 in restitution is to

file an affidavit of financial disclosure

with the correctional agency investigating

his/her financial resources.
50

Chapter 3: Restitution

■ New Mexico: When a prisoner recovers

financially from a claim against the State,

any money paid to satisfy the claim is to

be first applied to restitution orders.

■ New Jersey: Information from the

presentence report concerning the

defendant’s financial resources is made

available on request to the victim

compensation board or to any officer

authorized to collect payment on

an assessment, restitution or fine.

New Jersey also charges offenders a

$1.00 transaction fee for restitution

payments, to be used to develop

computerized tracking systems.

■ Oregon: The court can report any

default in the payment of restitution to

the consumer reporting agency.

■ Washington: Individualized monthly

billings and weekly notice of payments

by offenders are provided by the county

clerks to the Department of Corrections.

■ Wisconsin: The State charges a five

percent surcharge on the offender for

administrative costs related to the

collection of restitution, court costs,

attorneys’ fees, fines, and related costs.

Additional information about these model

laws is available from the National Center

for Victims of Crime’s Department of

Public Policy.

Alternative Methods of

Collecting Restitution

At times, it becomes necessary to employ

innovative and more controlled methods

for collecting restitution when offenders

fail to pay as scheduled. For example, in

the State of Washington, the Department

of Corrections can extend parole of the

offender for 10 years after the end of the

formal supervision period for the purpose

of collecting restitution (Beatty et al., 1994).

In addition to statutory ability to extend

supervision for nonpayment of restitution,

other alternative methods for collecting

monetary restitution include the following:

■ Civil remedies.

■ Attachment of assets.

■ Garnishment of wages.

■ Restitution centers.

■ The acceptance of credit card payments.

■ Forfeiture of bond money for restitution

obligations.

■ Collection of restitution while the

offender is institutionalized, as well as

once placed on parole.

■ Holding parents or legal guardians liable

for restitution orders resulting from their

children’s delinquent acts.

Civil Judgments, Attaching Assets,

Garnishing Wages

According to statistics from the National

Center for Victims of Crime, in 1991,

22 States allowed restitution to be enforced

as a civil judgment. In most of these States,

once there has been a default in payment, a

civil judgment can be enforced by placing

a lien on the offender’s real property,

garnishing his/her wages, attaching his/her

assets, or freezing his/her bank accounts.

The Maricopa County Adult Probation

Department in Phoenix, Arizona requires

probationers enrolled in the intensive

supervision program and the work furlough

program to endorse their paycheck and sign

them over to the probation department.

Another check is then issued to the

offender, minus the payment toward victim

restitution. Probationers enrolled in the

day reporting program also can be subject

to this requirement.
51

Chapter 3: Restitution

Throughout Colorado probation

departments train their officers to examine

the entire financial situation of offenders

when looking at issues concerning their

ability to pay restitution. For example,

if an offender owes restitution and

owns expensive, non-necessity items

(e.g., television, compact disc player),

then the probation officer can ask the

judge to order the offender to sell their

possessions to pay restitution to the

victim(s).

Also, in Colorado, offenders who owe

more than $2,000 in restitution are

required, as a condition of probation,

to submit their income tax return to

their probation officer. If the offender

is entitled to a tax refund, the probation

officer can require the offender to pay

that amount toward his/her restitution

obligation.

Forfeiture of Bond Money

In Westchester County, New York, when a

“Violation of Probation” is filed as a result

of failure to pay restitution, the probation

officer can request bail. The officer then

suggests the court set bail in the amount of

the owed restitution, if the amount is not

“unreasonable.” In the accompanying

report to the court, the court is advised

that if the violation is sustained and the

probationer is willing to assign the bail

money as payment of restitution, the

probation department would recommend

that probation be continued, or, in some

cases, be terminated. The report

recommends alternative sentences for

probationers who will not assign bail

money. The available alternatives include

an upward modification of the order to

include a graduated sanction such as

“shock time,” community service, or

possible electronic monitoring. In

some instances, a recommendation of

revocation and a sentence of incarceration

are made.

In California, the clerks of courts are

required by law to apply bail money, after an

offender’s conviction, toward the restitution

order, the restitution fine, and court costs

before returning any portion of the money

to the defendant. This law does not apply

to bail payments made by individuals other

than the defendant.

Restitution Centers

Restitution centers are another option used

in some States for collecting restitution from

offenders. Generally, restitution centers,

such as the ones operated in Texas, house

offenders for a period of 6 months to 1 year

while they go to work in the community.

The director of the center receives the

offender’s wages and disburses portions

of it for expenses, fines, and restitution

according to the predetermined priority

(Lawrence, 1990). Some States that have

restitution centers include South Carolina,

Georgia, and Florida.

Collections in Institutions

The California Department of Corrections

(CDC) has implemented an Inmate

Restitution Fine Collections System

that enables the department to deduct

20 percent of inmate wages and other

trust account deposits to pay court-ordered

restitution. This amount is forwarded to

the State Board of Control Restitution

Fund. This fund provides reimbursement

to qualified victims for expenses incurred

as a result of the crime committed against

them, such as medical costs, burial costs,

and counseling. Since its inception in

November 1992, this system has resulted

in the collection of over $9 million from

inmate wages and trust account deposits.

CDC’s Victim Services Program staff also

facilitate voluntary restitution payments

made by inmates and parolees, as well as

monies derived from annual inmate

fundraisers.
52

Chapter 3: Restitution

Through the Financial Responsibility

Program, the Federal Bureau of Prisons

encourages each sentenced inmate to meet

his/her legitimate financial obligations,

including restitution. As part of the initial

classification process, staff assist the inmate

in developing a financial plan for meeting

his/her obligations and, at subsequent

program reviews, consider the inmate’s

efforts to fulfill those obligations as

indicative of the inmate’s acceptance and

demonstrated level of responsibility.

Acceptance of Credit Cards for Payment

The Court Administrator’s Office in

Stearns County, Minnesota accepts credit

card payments for court-ordered fines

and fees, including restitution. To begin

accepting that form of payment, the Court

Administrator’s Office got permission

from the local judge and the county

commissioners. Arrangements were made

with a local bank, and the office now

accepts MasterCard, Visa, and Discover

Card. The Court Administrator’s Office

absorbs the user fee charged by the bank

for use of credit cards, which is generally

covered by the interest earned on the

account. Once an offender offers a credit

card for payment of restitution, and it is

authorized by the bank, it is an immediate

“capture” of funds for the Court

Administrator’s Office.

Rebate Program

The California State Board of Control has

implemented a “10% Rebate Program”

that provides rebates to counties that remit

restitution to the Restitution Fund, used to

compensate victims of crime in California.

The intent of the rebate is to provide an

incentive to the counties that collect

restitution fines and orders. Assembly

Bill 817, passed in August 1995, requires

counties to use the rebate to further

collection efforts and not to enhance

general government budgets. This rebate

is in addition to the existing statutes that

allow counties to recover up to a maximum

of 10 percent of the fine for their costs

associated with the administration and

collection of restitution. This program

represents the first time a revenue sharing

tool has been implemented between a

victims’ compensation agency and local

criminal justice agencies (State Board of

Control, n.d.).

Converting Restitution Order

to Community Service

In extreme cases where offenders are

truly indigent and unable to pay restitution,

another option is to have offenders perform

community service hours in lieu of paying

restitution. Victims can have input into the

type and location of the community service

performed, which is a truly restorative

justice practice. Offenders may perform

direct services for the victim to repair the

damage caused by their actions or perform

their community service hours for a

favorite charity of the victim.

In Minnesota, the Dakota County Community

Corrections Department maintains a

restitution fund that is used to pay victims of

juvenile offenders. The juvenile offenders

perform community service hours and receive

minimum wage credit for the hours they work.

The “money” the youth earn is then taken

from the restitution fund and paid directly

to the victims.

Reimbursing Victims of

Deceased Offenders

In December 1996, officials in Lehigh

County, Pennsylvania decided to pay more

than $41,000 to 61 crime victims whose

restitution had not been fully paid and

whose perpetrators had died. Some of the

cases dated back over 20 years. The money

being used to reimburse these victims came

from the revenue of a local recycling center,

jointly operated by the city and county.

Juvenile offenders of the Juvenile Probation
53

Chapter 3: Restitution

Department in Allentown, Pennsylvania

work at the center as part of their

community service sentence. The youth

“earn” the equivalent of minimum wage

salary for the hours they work, which is

then paid to victims in cases where

restitution has been ordered. Money to

reimburse the victims comes from the

revenue the city and county gets from

recyclables. Due in part to the increased

value of newsprint, recycling revenue was

higher than expected over the past few

years, thus creating a surplus of money.

In an effort to encourage an appropriate

use for the extra money, the probation

department presented the innovative plan

to reimburse victims of deceased offenders

to county officials, who enthusiastically

supported the idea (Hartzell, 1996).

Parental Liability

Many States have passed laws that hold

parents or legal guardians liable for

restitution orders resulting from their

children’s delinquent activities (National

Center for Victims of Crime, 1997b):

■ Liability is “joint and several,” which

means that if the child is unable to

fulfill his/her restitution obligations, the

parent or guardian fully shares in the

responsibility. (In some jurisdictions this

can also mean that if multiple offenders

are convicted, they are all obliged to pay

the full amount.)

■ Most laws provide for limits to monetary

liability, which can be determined based

upon the severity of the crime, whether

or not a person or property was injured

in the crime, and whether or not a

firearm was used in the commission

of the crime.

■ State laws vary as to parents’ or

guardians’ liability for restitution orders

once the child reaches age 18. Existing

options include termination of orders,

enforcement of orders until restitution

is fully paid, and allowing victims to

convert joint and several liability orders

to civil judgments.

■ Some laws contain stipulations that base

joint liability on a parent’s or guardian’s

“ability to pay,” and provide that they

provide clear proof of why they are

unable to pay the restitution order.

Parental liability laws are not without

controversy. They are based upon the

premise that parents’ failure to adequately

supervise or control their child contributed

to the youth’s delinquent activities. Some

critics point out that many good parents’

ongoing attempts to monitor their children’s

activities are thwarted by a child’s mental

illness, use of drugs, and/or the lure of

gangs. Some restorative justice advocates

believe parental liability laws reduce the

personal accountability of youthful

offenders by mandating that their parents

share responsibility for their delinquent

actions. Others believe society should focus

first on providing supportive services to the

families of at-risk children, which include

parenting classes and family therapy (National

Center for Victims of Crime, 1997b).

On the other hand, victims and their

advocates express frustration at juvenile

restitution orders that remain unpaid, and

that are often expunged when the child

turns 18. They believe that parental liability

laws offer an important option that increases

the likelihood of receiving restitution to

which they are entitled (National Center for

Victims of Crime, 1997b).

Processing Unclaimed

Victim Restitution

Courts and probation agencies may have

cases where restitution is ordered and

collected, but the victim cannot be located.

In such instances, following duly diligent
54

Chapter 3: Restitution

efforts to locate the victim and after a

prescribed period of time (2 to 3 years),

restitution payments should be provided

to the following (National Victim

Center, 1997b):

■ Any State-level restitution fund.

■ The State’s victim compensation

program.

■ Victim services fund in the county from

which the restitution order is derived.

Conclusion

Restitution plays a key role in the victim’s

reconstruction in the aftermath of a crime.

Granted, restitution cannot undo the damage

done by the offender, but it can, in some small

way, help the victim and hold the offender

accountable. An offender’s failure to pay

restitution should not be treated as a minor

technical violation of probation or parole.

By implementing strategies discussed in this

chapter, probation and parole may discover

that it is, indeed, possible to “squeeze blood

out of a turnip.”
55

Chapter 4: Victim–Offender Programs

Chapter 4

Victim–Offender

Programs

Introduction

In the United States, the concept of

victim–offender programs is relatively

new, spanning just two decades of

development and growth. While these

programs share many goals, there is

usually one important underlying principle:

to provide forums that promote greater

understanding of the impact that crime has

on victims and their families, offenders’

families, neighborhoods, and communities

and to promote offender accountability

and a positive learning experience for

all involved participants. Many

victim–offender programs incorporate

principles of restorative justice, which

are discussed below.

Why would victims, who have been

harmed by criminal or delinquent

activities, want to again be face-to-face

with the person who hurt them? For many

victims, burning questions in the aftermath

of a crime need to be answered:

■ Why did you choose to victimize me

instead of somebody else?

■ Does my offender(s) realize the

emotional, physical, and financial losses

that I have endured as a result of his/her

action?

■ Does my offender(s) feel any remorse?

■ Can my offender(s), through words or

actions, be directly accountable to me so

I can reconstruct my life in the aftermath

of the crime?

For adult and juvenile offenders, victim–

offender programs can offer substantial

value, including an understanding of the

impact their crimes have on their victims

and communities. Victim–offender

programs also offer offenders incentives

for personal accountability in the forms

of apologies, financial restitution, and

community service, as well as facilitate

a positive learning experience and

competency development that can provide

positive alternatives to criminal and

delinquent activities.

Communities as a whole also stand to

benefit from the implementation of victim–

offender programs. Crime and delinquency

have both direct and indirect victims. The

“domino effect” of any crime — regardless

of its severity — increases communities’

fears and feelings of vulnerability. In

many victim–offender programs, the active

involvement of community representatives

sends a strong message that crime will

not be tolerated, and that investment in

individual and public safety is a community

priority. Victim–offender programs often

provide cost-effective alternatives to

more retributive forms of justice. When

victims are provided with positive tools

to reconstruct their lives, they are able to

function better as contributing members

of a community, which provides universal

benefits that cannot be overlooked.

Depending upon the program format,

victim–offender programs can be utilized in

a number of forums for adult and juvenile

offenders, including presentence, diversion,

probation, law enforcement incarceration

and detention, and parole. Educational

programs that incorporate victim–offender

principles also are being utilized in curricula

for elementary, middle, and high school

students that focus on prevention and

early intervention.

By the conclusion of this chapter, readers

will understand the following:

■ The concept of restorative justice and

some practical applications of restorative

justice within probation and parole

agencies.
56

Chapter 4: Victim–Offender Programs

■ The purpose for victim–offender

mediation and several policy and program

implications for victim–offender

mediation.

■ The “impact of crime on victims”

programs.

■ The merits of, and resources for, the

development of victim impact panels.

Key Elements for

Victim–Offender Programs

Victim–offender programs and services are

not for all victims or all offenders. Such

programs should not operate in a vacuum,

but rather be an integral component of

system- and community-based services for

both victims and offenders.

Recommended guidelines for the

implementation of victim–offender

programs include, but are not limited to,

the following:

■ A clearly stated mission statement, with

supporting goals and objectives, to guide

program development, focusing on

outcomes and possible benefits relevant

to victims, offenders and the community.

■ Leadership from a “change champion” —

either an individual or entity — who can

provide vision and guidance in program

implementation.

■ Structure that clarifies the role of the

program within the criminal or juvenile

justice system, as well as its role related

to community-based activities.

■ Comprehensive knowledge of research

and theory related to victimization,

crime, juvenile and criminal justice, and

offenders to provide a basis for program

development.

■ Intensive training and cross-training

to establish and clarify program

expectations, and increase knowledge of

professionals and volunteers involved

with program planning, development,

and evaluation.

■ Written policies, procedures, and

protocols to guide planning and

implementation.

■ Policies and procedures to screen victims

to ensure that participation is appropriate

for them.

■ Policies and procedures to ensure that

the victim’s safety is of paramount

importance at all times.

■ Measures to ensure that victim

participation is strictly voluntary, with no

perception of coercion and that victims

may end their participation at any time.

■ A thorough, sensitive intake procedure

to provide adequate screening and

preparation.

■ Understanding of existing victim–

offender programs to facilitate

knowledge exchange, and to avoid

“reinventing the wheel” or repeating

mistakes.

■ Written documentation of key program

activities (planning, implementation,

and evaluation) to facilitate knowledge

expansion and exchange among victim–

offender program practitioners, allied

professionals, and the community.

Restorative Justice

Many victim–offender programs are based

upon the principles of restorative justice,

which evokes a substantial shift from

America’s traditionally retributive approach

to justice. Initially offered as a philosophy

for justice and fairness, restorative justice

has taken on many important practical

applications in the past decade — for

victims, offenders and communities.
57

Chapter 4: Victim–Offender Programs

As described by Dr. Gordon Bazemore,

Director of the Balanced and Restorative

Justice Project at Florida Atlantic

University in Fort Lauderdale, the

conceptual framework of this approach to

justice can best be described as a combined

emphasis on three programming priorities

(NOTE: Bazemore’s model was developed

specifically for juvenile offenders):

■ Accountability: Restitution, community

service, and victim–offender mediation

create an awareness in offenders of the

harmful consequences of their actions

for victims, require offenders to take

action to make amends to victims

and the community and, whenever

possible, involve victims directly in

the justice process.

■ Community protection: Intermediate,

community-based surveillance and

sanctioning systems channel the

offender’s time and energy into

productive activities. A continuum

of surveillance and sanctions provides

a progression of consequences for

noncompliance with supervision

requirements and incentives that

reinforce the offender’s progress in

meeting competency development and

accountability objectives.

■ Competency development: Work

experience, active learning, and

community service provide opportunities

for offenders to develop skills, interact

positively with conventional adults, earn

money, and demonstrate publicly that

they are capable of productive,

competent behavior.

According to Kay Pranis, Restorative

Justice Planner at the Minnesota

Department of Corrections, restorative

justice asks these questions:

■ How can we increase opportunity for

victim involvement in defining harm

and potential repair?

■ How can we increase offender awareness

of injury to the victim?

■ How can we encourage offender

acknowledgment of wrongness of

behavior?

■ How can we involve the offender in

repairing the harm?

■ How can we acknowledge victim harm

and confirm that the victim is not

responsible for what happened?

■ How can the community send messages

of disapproval while not banishing

offenders?

■ How can the community provide

opportunities for the offender to repair

harm?

■ How can the community be involved

in the process of holding offenders

accountable?

The shift from retributive to restorative

justice has many implications for victims

of crime. Key to these changes are active

involvement in the justice process, as well

as a defined role in achieving offender

accountability. This shift is depicted in

Figure 4-1, which includes definitions

of “retributive” and “restorative” justice

developed by noted author Howard Zehr

(as cited by Bazemore and Umbreit, 1994),

and “implications for victims” developed

by public safety consultant Anne Seymour.
58

Chapter 4: Victim–Offender Programs

Figure 4-1: Retributive and Restorative Justice Assumptions and

Implications for Victims of Crime

Retributive Justice Restorative Justice Implications for Victims

Crime is an act against Crime is an act against The victim is individualized

the State, a violation of a another person and the as central to the crime and the

law, an abstract idea. community. criminal justice system process,

with the community duly noted

as also affected by crimes.

The criminal justice Crime control lies primarily The community — including

system controls crime. in the community. victims and their allies —

participates in and directly

benefits from crime deterrence.

Offender accountability Accountability defined as Offenders are held directly

defined as taking assuming responsibility and accountable to victims.

punishment. taking action to repair harm.

Crime is an individual Crime has both individual Prevention, intervention, and

act with individual and social dimensions breaking the cycle of violence

responsibility. of responsibility. are important considerations.

Punishment is effective. Punishment alone is not Punishment is augmented by

a. Threat of punishment effective in changing direct accountability to the

deters crime. behavior and is disruptive victim and to the community,

b. Punishment changes to community harmony with victims having a strong,

behavior. and good relationships. consistent voice.

Victims are peripheral Victims are central to the Restorative justice principles

to the process. process of resolving a crime. are “victim-centered.”

The offender is defined The offender is defined by Reparation to the victim and

by deficits. his or her capacity to make to the community is a priority.

reparation.

Focus on establishing Focus is on problem A central goal is to deter future

blame, on guilt, on past solving, on liabilities/ criminal action through conflict

(did he/she do it?). obligations, and on the resolution, problem solving,

future (what should and fulfilling obligations to the

be done?). victim and to the community.

Emphasis on Emphasis is on dialogue Victims are active participants

adversarial relationship. and negotiation. in determining appropriate

reparations.
59

Chapter 4: Victim–Offender Programs

Figure 4-1: Retributive and Restorative Justice Assumptions and

Implications for Victims of Crime (continued)

Retributive Justice Restorative Justice Implications for Victims

Imposition of pain to Restitution is a means of Restitution holds the offender

punish and deter/prevent. restoring both parties; goal accountable and is meaningful

of conciliation/restoration. to both him/her and the victim.

Community is on the Community as facilitator Just as the community is

sideline, represented in restorative process. negatively affected by crime,

abstractly by the State. it is positively affected by

restorative justice processes.

Response is focused Response focused on Crime deterrence in the future

on the offender’s harmful consequences of focuses on victim and public

past behavior. the offender’s behavior; safety.

emphasis is on the future.

Dependence on Direct involvement Victims and their allies

proxy professionals. by participants. are directly involved in the

criminal justice and restorative

justice processes.

Source: Adapted from Bazemore and Umbreit, 1994

As the justice community continually seeks

new, innovative approaches to fulfill its

mission and goals, the concept of restorative

justice has emerged as an approach that

incorporates crime prevention, violence

reduction, offender accountability, victim

assistance, and public safety.

In the restorative model, offenders,

crime victims, and the community are all

considered clients of justice processes,

including corrections. As such, the

involvement and interests of these three

client populations become core to the

planning, development, implementation,

and evaluation of justice-related programs

and services.

At a national teleconference on restorative

justice sponsored by the National Institute

for Corrections in December 1996, a panel

of experts identified seven core values of

restorative justice:

■ Crime is an offense against human

relationships.

■ Victims and the community are central to

the justice process.

■ The first priority of justice processes is to

assist victims.

■ The second priority of justice processes

is to restore the community, to the

degree possible.

■ The offender has personal responsibility

to victims and to the community for

crimes committed.

■ The offender will develop improved

competency and understanding as a result

of the restorative justice experience.

■ Stakeholders share responsibilities for

restorative justice through partnerships

for action.
60

Chapter 4: Victim–Offender Programs

One of the best practical definitions of

restorative justice is offered by Kay Pranis

(1996, pp. 15-16), Restorative Justice

Planner for the Minnesota Department of

Corrections:

Restorative justice provides a framework

for responding to crime that strengthens

the community while holding offenders

accountable. Based upon a rethinking of

crime as an injury to the victim and the

community rather than as an affront to the

power of the State, the restorative model

seeks to repair the harm resulting from

crime. To define harm and how to repair

it, victims must be involved. Surrogates

or advocates may present the victim

perspective when a victim does not

wish to participate. Offenders are held

accountable by taking responsibility for

their behavior and acting to repair the

harm they’ve caused.

The restorative justice model requires

the offender to earn his or her way back

into the community by making amends

to the victim and the community with the

assistance of the community, and calls

upon the community to reach out and

support the victim.

Restorative thinking can be applied to

any crime. Victims should always be

allowed to define the harm of the crime

and what might help them. . . . Offenders

should always be encouraged to take

responsibility for their behavior and make

amends if possible. However, no single

restorative program is appropriate for all

crime. While opportunities to repair harm

are generally greater when the offender is

kept in the community, violent offenders

should be kept in secure facilities. Since

part of the harm of crime is damage to

the social fabric caused by fear of violent

predators, they must be separated from

the community. While in custody,

offenders can participate in community

service and victim empathy groups, and

victim panels can help violent offenders

understand the impact of their behavior

(Pranis, 1996).

Practical Applications of

Restorative Justice

How can probation and parole agencies

develop practical applications, i.e., programs,

policies, and services, that embody the

principles of restorative justice?

There are a number of promising practices

that should be considered for replication

by probation and parole agencies in their

jurisdictions.

Reparative Probation Boards1

In Vermont, communities are not

bystanders in the State’s approach to

restorative justice; rather, they are central

to its implementation. The establishment

of reparative probation boards, consisting

of community members nominated by

community leaders and appointed by the

Commissioner of Corrections, promotes

the concept that communities have much

to gain, and nothing to lose, by assuming

a role in offender accountability.

The Reparative Probation Program

provides Vermont’s courts with a sentencing

option for offenders to make reparation to

victims and the community. According

to Michael J. Dooley, former Vermont

Department of Corrections Program

Director, “the emphasis of programs and

services, which are traditionally targeted

at the offender, are now focused on the

community. Here, the emphasis is on the

offender accepting responsibility, with

the central focus on making victims and

communities whole again.”

Reparative activities included in offenders’

sentences meted out by reparative probation

boards include the following:

■ Victim restitution.

■ Community work service.

1Partially derived from Fulton, B.A. (1996).

Restoring Hope Through Community Partnerships:

The Real Deal in Crime Control. Lexington, KY:

American Probation and Parole Association.
61

Chapter 4: Victim–Offender Programs

■ Victim–offender mediation.

■ Cognitive skills development sessions.

■ Victim empathy programs.

■ Decisionmaking programs.

■ Driver improvement courses.

As described in an excerpt on Reparative

Probation Boards (see Appendix D), four

offender activity areas comprise the

foundation for community reparative

probation boards:

1. Restore and make whole the victims of

crime. The offender will be expected

to make restitution if ordered by the

court, and participate in victim–offender

mediation if requested by the victim.

2. Make amends to the community.

The offender will complete community

work service, preferably a work service

activity related to the criminal conduct.

3. Learn about the impact of crime on

victims and the community. The

offender will appear before a Victim

Empathy Panel composed of community

members who know the impact of crime

on their community. Members may be

victims of crime, members of groups

like Students Against Drunk Driving

or Mothers Against Drunk Driving,

merchants familiar with crimes such

as shoplifting, or they may be former

offenders.

4. Learn ways to avoid re-offense in the

future. Offenders will complete short

educational programs designed to give

them knowledge, skills, and techniques

to help them avoid reoffending in the

future.

Vermont’s approach takes into

consideration the three-pronged

approach of restorative justice: offender

accountability, offender competency

development, and safety and involvement

of both victims and the public. This

innovative program enjoys overwhelming

support from Vermonters, who “want to

be actively involved and want punishment

to focus on opportunities and means for

offenders to repair injuries and damages

they caused (Fulton, 1996).

Family Group Conferencing

Family group conferencing is currently

utilized in several States, including

Minnesota, Montana, Pennsylvania, and

Vermont. It is often a diversion program for

youthful offenders, or can be implemented

as a condition of probation and parole.

As described in Restorative Justice,

A Discussion Paper published by the

Ministry of Justice in New Zealand (1996):

A family group conference involves the

victim (or his/her representative), the

offender and members of the offender’s

family. It is attended by the police and

facilitated by a youth justice coordinator

who is employed by the Department of

Social Welfare. Others, such as a social

worker and a legal advocate for the young

offender, may attend the conference at the

request of the coordinator.

In a review of juvenile justice practices, the

process of family group conferences follows

a typical pattern:

■ Introduction.

■ An explanation of the procedure by the

coordinator.

■ An opportunity for the offender to

comment on the accuracy of the police

statement.

■ An opportunity for the victim (or

representative) to present his/her view

if the offender admits the offense.

■ A general discussion of possible

outcomes.
62

Chapter 4: Victim–Offender Programs

■ A discussion of options among the

offender’s family.

■ The formulation of a plan, response,

or outcome by the offender’s family.

■ General negotiation.

■ Agreement from the enforcement agency,

the victim, and the offender.

■ Recording of the agreed plan and

closure of the meeting (Maxwell and

Morris, 1995).

In family group conferences, all participants

have to mutually agree to a plan, or cases

are referred back to court.

Early research on family group conferences

found considerable dissatisfaction with the

process by both crime victims and those

who serve them. Some considerations in

developing this approach that may increase

victim satisfaction include the following:

■ Requiring all program coordinators and

facilitators to receive intensive training in

victimology theory and principles.

■ Establishing a program advisory board,

comprised of victims and service

providers, to provide input and guidance

on program policies, goals and objectives,

and overall structure.

■ Ensuring that a balance consistently

exists between the opinions and concerns

of the victim and those of the offender

and his/her family. This intervention

should not be used in cases involving

family violence (with very few

exceptions) because of the imbalance

of power between the parties and the

use by the offender against the victim

of fear and intimidation.

■ Conferring with victims first, prior

to scheduling conferences, in order

to facilitate their participation in a

nonintrusive manner.

■ Developing policies that mandate return

of cases to court proceedings when the

victim cannot or does not agree to the

proposed plan.

Circle Sentencing

Circle sentencing is a community-directed

process conducted in partnership with

the criminal justice system to develop

consensus on an appropriate sentencing

plan that addresses the concerns of all

interested parties. Sentencing circles,

sometimes called peacemaking circles,

use traditional circle ritual and structure

to involve the victim, victim supporters,

the offender, offender supporters, judge

and court personnel, prosecutor, defense

counsel, police, and all interested

community members. Within the circle,

people can speak from the heart in a shared

search for understanding of the event, and

together identify the steps necessary to

assist in healing all affected parties and

prevent future crimes.

Circles typically involve a multistep

procedure that includes: (1) application

by the offender to participate in the circle

process; (2) a healing circle for the victim;

(3) a healing circle for the offender;

(4) a sentencing circle to develop consensus

on the elements of a sentencing plan; and

(5) followup circles to monitor the progress

of the offender. The sentencing plan may

incorporate commitments by the system,

community, and family members as well

as by the offender. Sentencing circles are

used for adult and juvenile offenders with

a variety of offenses and have been used in

both rural and urban settings. Specifics of

the circle process vary from community to

community and are designed locally to fit

community needs and culture.

Circles have been developed most

extensively in Saskatchewan, Manitoba

and the Yukon, and occasionally in other

communities. Their use spread to the
63

Chapter 4: Victim–Offender Programs

United States in 1996 when a pilot project

was initiated in Minnesota.

Offender Apologies

In many jurisdictions, judges require

a formal apology — either written or verbal

— from the offender to the victim, which is

then made part of the official court record

(or the offender’s apology can simply be

placed in his/her file). Caution should be

taken, however, to ensure first that the

victim wants an apology, to avoid hollow

apologies that are meaningless to the one

who has been harmed, and to ensure that

the offender prepares sincere and blamefree apologies. A third party, such as the

probation or parole officer, should review

the apology and return incomplete or

inappropriate apologies to the offender

for rewriting. Apology guidelines can be

established to guide the offender in

formulating his/her apology letter.

Community Service

Two innovative approaches to community

service should be considered by probation

and parole authorities as a promising

practice:

■ Letting the victim offer the court

recommendations for the offender’s

community service. For example, a

victim may live near a local park in

which his/her children play that could

use 6 months of weekly cleanup; or

graffiti along the roads that the victim

takes to work might need to be

painted over.

■ Ordering first-time, nonviolent offenders

who have a special skill, such as

accounting, landscaping, or computer

skills, to perform community service

for a victims’ rights organization (i.e.,

rape crisis center or domestic violence

shelter). Of course, such agencies must

be willing to accept these services prior

to initiating this approach.

Both approaches offer victims important

input into the offender’s sentence, and can

be included as part of their victim impact

statements for presentence investigations or

for allocution in court.

Another approach to community service

being taken in Dakota County, Minnesota

is through the deployment of Crime Repair

Crews. The Dakota County Community

Corrections Department has organized these

crews, which are comprised of offenders

and supervised by department staff, to repair

damage to victim’s homes or businesses

caused by crime. The Crime Repair Crews

are set up to perform this service for

victims within a short-time period after

the commission of the crime. The crew does

not provide services for any of the members’

actual victims, but for other victims.

Staff Victimization and Restorative Justice

In 1996, the American Correctional

Association Victims Committee (1996, p. 4)

developed a position paper about utilizing

a restorative justice approach to deal with

staff victimization and critical incidents.

Its suggestions are worth reviewing for

development into promising practices for

staff safety:

A correctional institution and living units

are microcosms of the community-atlarge. People live together, work

together, come and go and, similar to

society-at-large, they hurt each other.

They suffer the consequences of

victimization together. And together,

they have to protect each other.

When an assault or critical incident hurts

a member of the corrections community,

the balanced and restorative justice

principles should apply.

How is the offender handled following a

critical incident? How is, or is, the victim

and his or her family helped? How is the

sense of community reestablished? How
64

Chapter 4: Victim–Offender Programs

is the victim reintegrated back into the

corrections workforce?

How the department of corrections treats

victims and offenders within its own

community is mirrored by the criminal

justice system. Victims often have few or

no rights and services available; they are

often blamed for their victimization and

can’t get information about what happens

to their offender. They have no voice.

Offenders are often placed back in the

unit and treated lightly. Yet, they are

responsible for disrupting their entire

community of corrections. Should the

offender be isolated or removed, or

should they be held accountable for

their behavior?

Corrections can effect the principles of

balanced and restorative justice by doing

the following:

• Providing staff victims with basic

rights, such as notification of the status

of their cases, the opportunity to have

a voice in proceedings, protection, and

restitution from the offender.

• Offering staff victims and their

families supportive services, such

as appropriate and sensitive crisis

response, counseling, support groups

(within the corrections community

and externally), information about

victim compensation, and meaningful

restitution from the offender.

• Treating staff victimization offenses

as crimes. Responses from both the

corrections agency, as well as the

criminal justice system, should be swift

and incorporate the victim throughout

the process. The offender should be

held accountable to his or her victim

through restitution, community service,

and fulfilling the requirements of the

sentence. The corrections community

within the institution should also be

restored through actions by the

offender that holds him or her

accountable for disrupting the

institutional community (American

Correctional Association Victims

Committee, 1996).

Victim–Offender Mediation

Modern day victim–offender mediation,

also called “dialogue,” was first utilized

in Ontario, Canada in 1974, and found its

way to the United States in 1978 in Elkhart,

Indiana in a program that dealt exclusively

with juvenile property crimes. Today in

the U.S., over 300 programs offer victim–

offender mediation, the majority in juvenile

cases, most of which involve minor

property offenses. As described in program

materials from the Texas Department of

Criminal Justice (TDCJ), “mediation can

be a viable means by which justice is

facilitated. What can be accomplished,

however, is qualified by the victims’ and

offenders’ personal experience, expectations,

perceptions, background, age, level of

maturity, sensitivity, honesty, openness,

level and nature of support, nature, extent

and frequency of the offense, relationship

to the offender, and means by which the

victims and/or offenders mediate, or

deny their past and present circumstances

and feelings.”

A very few programs facilitate victim–

offender mediation in more serious crimes.

The TDCJ program manages mediations

— all initiated by the victim/survivor —

in cases involving death row inmates.

At the TDCJ, the purpose of mediation

is “to provide victims of violent crime

with the opportunity to have a structured,

face-to-face meeting with their offender(s)

in a secure, safe environment, in order to

facilitate a healing recovery process.”

The TDCJ has established five goals that

guide the implementation of its victim–

offender mediation program, which may

be found in Figure 4-2.
65

Chapter 4: Victim–Offender Programs

Figure 4-2: Texas Department of Criminal Justice’s Goals for Implementation

of Victim–Offender Mediation

Goal 1: To provide victims with the

opportunity for closure to unresolved

trauma associated with violent crime.

■ To directly and constructively express to

offenders current and repressed feelings,

such as fear, anxiety, anger, loss, pain,

and grief.

■ To ask questions and receive answers

and insights which only offenders can

provide.

■ To experience a sense of empowerment

through a direct voice and participation

in this process of justice by helping to

determine appropriate acts of restitution

and accountability for the offender,

and constructive acts of healing for

the victim.

Goal 2: To provide offenders with an

opportunity to face the full human impact

of their crime upon the victim.

■ To hear firsthand the depth of trauma

experienced by the victim.

■ To express remorse related to their

offense and resulting impact.

■ To answer questions for the purpose of

personal assistance for the victim rather

than legal defense of the offender.

■ To reach greater accountability by

determining the means whereby offenders

become obligated beyond themselves to

their victims and communities, and to

restore what has been “wronged” within

the victims’ physical, emotional, spiritual,

financial, and social dimensions of their

everyday life to whatever extent possible

— for example, determining actual and

symbolic restitution through an

affirmation agreement.

Goal 3: To provide victims and offenders

the opportunity for clearer understanding

and personalization of the crimes’ impact

upon their lives.

Goal 4: To provide victims and offenders

participating in victim offender mediation/

dialogue with a process for developing

mutual agreements, insights, or projects that

could serve to benefit other victims and

offenders in similar circumstances, such as

mutual commitment to crime prevention,

assurance of personal safety, victim

advocacy, service to/within the community,

criminal justice reform, victim impact

panels.

Goal 5: To provide the community and

society-at-large an opportunity to receive

healing and restoration.
66

Chapter 4: Victim–Offender Programs

Research on Victim–Offender Mediation

To understand the implementation and

implications of victim–offender mediation,

an examination of key research in this

growing field is crucial. In the first large

cross-site evaluation of victim–offender

mediation programs in the United States,

four program sites that worked closely with

juvenile courts were examined carefully by

a research team from the Citizens Council

Mediation Services in Minneapolis, MN and

the School of Social Work at the University

of Minnesota: Albuquerque, NM, Austin,

TX, Minneapolis and St. Paul, MN, and the

East Bay area of California.

The findings of this significant research,

outlined in Umbreit and Coates (1992,

pp. 2–4) Victim–offender Mediation: An

Analysis of Programs in Four States of the

U.S.: Executive Summary Report, can help

guide promising practices in the planning

and implementation of victim–offender

programs:

A substantial amount of quantitative and

qualitative data has been collected from a

total of 1,153 interviews with crime

victims and juvenile offenders in four

States, review of program and court

records, interviews with court officials

and program staff, and observation of 28

mediation sessions. The conclusions that

emerged from analysis of these many data

sources are first identified below. While

these conclusions cannot be generalized

to represent all victim–offender mediation

programs, they do provide important

insight into this growing international

field of justice reform.

1. Victim–offender mediation results in

very high levels of client satisfaction

(victims, 79%; offenders, 87%) and

perceptions of fairness (victims, 83%;

offenders, 89%) with the mediation

process for both victims and offenders.

This is consistent with a number of

previous studies (Coates & Gehm,

1989; Digman, 1990; Marshall & Merry,

1990; Umbreit, 1991, 1990, 1988).

2. The importance among victims and

offenders of meeting each other and

interacting through the mediation

process is documented quantitatively

in this study, whereas prior research

(Coates & Gehm, 1989) provided

qualitative data related to this issue.

3. Participants experience mediation as

having a strong effect in humanizing

the justice system response to crime,

both for victims and juvenile

offenders. This is consistent with the

findings of prior studies (Coates &

Gehm, 1989; Marshall & Merry, 1990;

Umbreit, 1991).

4. The process of victim–offender

mediation has a more significant

positive effect upon crime victims

(when examining comparison groups),

even though both victims and

offenders indicate very high levels

of satisfaction and perceptions of

fairness with mediation.

5. Victim–offender mediation makes a

significant contribution to reducing

fear and anxiety among crime victims.

Prior to mediation, nearly 25% of

victims were afraid of being victimized

again by the same offender. After

mediation, only 10% were afraid of

being revictimized.

6. Juvenile offenders do not perceive

victim–offender mediation to be a

significantly less demanding response

to their criminal behavior than other

options available to the court. The use

of mediation is consistent with the

concern to hold young offenders

accountable for their criminal behavior.

7. Victim–offender mediation can be

effective in working with juvenile

offenders with prior convictions,

rather than simply with “first time”

offenders.
67

Chapter 4: Victim–Offender Programs

8. The mediation process can be

effective in working with more serious

crimes such as burglary, robbery,

and assault.

9. The specific location and sponsorship

of the program had no major impact

upon the high degree of client

satisfaction with the outcome of

mediation, or their perception of

fairness with the mediation process,

for either victims or offenders.

10. Victim–offender mediation has strong

support from court officials, both

judges and probation staff, and is

increasingly becoming institutionalized

into the juvenile court system.

11. The vast majority of offenders indicate

they voluntarily chose to participate in

victim–offender mediation. Programs

in this study appear to have done a

better job of presenting victim–

offender mediation as a voluntary

choice to the offender (81% of

offenders) than indicated in prior

research (Coates & Gehm, 1989).

12. Mediation is perceived to be voluntary

by the vast majority of victims who

participated in it. Although 91

percent of victims felt they voluntarily

chose to participate in mediation, a

small number of victims (9%) felt that

they were coerced into participating

in the victim–offender mediation

program. Whether this perception

of coercion was a function of the

program staff, mediators, court-related

officials, or even parents (of juvenile

victims) is unclear.

13. Considerably fewer and less serious

additional crimes were committed

within a one-year period by juvenile

offenders in victim–offender

mediation programs, when compared

to similar offenders who did not

participate in mediation. Consistent

with two recent English studies

(Marshal & Merry, 1990; Digman,

1990), this finding, however, is not

statistically significant.

14. Victim–offender mediation has a

significant impact on the likelihood

of offenders successfully completing

their restitution obligation (81%)

to the victim, when compared to

similar offenders who completed

their restitution (58%) in a courtadministered program without

mediation.

15. There is some basis for concern that

the mediation process can become so

routine as to suggest an impersonal

atmosphere, potentially leading to

a dehumanizing experience for

participants. The spontaneity, vitality

and creativity of the mediation process

must be preserved by training and

monitoring.

16. As the field of victim–offender

mediation expands and becomes

more institutionalized, a danger exists

that mediation will alter its model to

accommodate the dominant system

of retributive justice, rather than

influencing the present system to

alter its model to incorporate a more

restorative vision of justice upon which

victim–offender mediation is based.

Implications

A number of implications for both justice

policy and direct practices are offered, based

upon the conclusions that emerged from this

extensive 2.5 year multisite study of victim–

offender mediation in the United States.

Policy Implications

■ Wider public policy consideration should

be given to increasing the availability of

victim–offender mediation services,

perhaps even as a basic right for those

victims of crime who would find it
68

Chapter 4: Victim–Offender Programs

helpful, assuming the offender agrees to

such a meeting and a credible victim–

offender mediation program is available

to both parties.

■ Victim–offender mediation should be

more consistently integrated into the large

national network of court-sponsored

restitution programs. There is strong

evidence that victims of crime are more

likely to actually be compensated if the

restitution plan is negotiated by the

offender and victim.

■ Mediating conflict between interested

crime victims and their offenders should

receive far more attention from the large

network of victim advocacy groups

throughout the United States. There is

strong evidence that a victim’s sense of

vulnerability and anxiety can be reduced

following a direct mediation session with

his or her offender.

■ More research is needed to assess the

impact of victim–offender mediation,

particularly with adult offenders and in

crimes of violence.

Program Implications

■ Training of mediators should be

enhanced to ensure that an appropriate

nondirective style of mediation is used.

This style includes the ability to make

use of silence during mediation sessions

and to avoid missing opportunities to

encourage either victim or offender to

address issues that are important to

them. Emphasis should be placed on

demonstrated skill competency rather

than simply completing a set number

of hours of mediation training.

■ New and written video training resources

should be developed to highlight the

importance of a nondirective style of

mediation. Specific examples of how to

avoid “missing opportunities” for greater

emotional closure for the victim and

offender should be provided.

■ Additional attention should be given to

ensuring that participation in mediation is

voluntary for both parties. This should

include training of case developers and

mediators to inform both parties of all

available options prior to their choice of

mediation.

■ Programs should routinely have

victims and offenders sign a “consent

to participate in mediation” form, prior

to the actual mediation session, which

clearly explains mediation, states the

voluntary nature of mediation, and

identifies other options that are available

to both parties. Even after signing such a

consent, victims should be free to end the

session at any time.

■ The appropriate role of parents in the

mediation process involving juvenile

offenders needs additional clarification.

Rather than either a policy of including

or not including parents in the actual

mediation session, programs should

develop policies that identify for whom

and under what specific circumstances

parents should be allowed in the entire

mediation session.

■ New written and video training resources

should be developed to provide program

staff and mediators with assistance in

identifying which cases and under what

circumstances parental involvement in

the mediation is desirable. The manner

in which parents are allowed to be in the

mediation session, including additional

ground rules, should be incorporated into

mediation training.

■ Case referral criteria in victim–offender

mediation programs should include both

offenders with prior convictions and

cases involving more serious offenses,

such as residential burglary, robbery,

aggravated assaults, and negligent

homicide.

■ Programs should develop an ongoing

system for collecting client satisfaction
69

Chapter 4: Victim–Offender Programs

and other related data that are helpful

for maintaining high quality control.

This should include collecting data

related to the participants’ perception

of voluntary participation and the role

and effectiveness of the mediator.

A program evaluation kit made available

through this study could be helpful with

such an effort (Umbreit and Coates,

1992).

“Impact of Crime on Victims”

Programs

“Impact of Crime on Victims” (IOC)

classes were initiated by the California

Youth Authority (CYA) in 1985, the

nation’s largest agency that detains juvenile

offenders. Classes are now in all CYA

institutions, and have since been replicated

in 17 other States and at the Federal level.

Applications for the IOC program include

forums for adult and juvenile offenders,

both nonviolent and violent, in diversion,

probation, incarceration, detention, and

parole settings.

In a program abstract written by IOC

founder Sharon English, Assistant Director

of the CYA and Martie Crawford, Program

Director of the Riverside County (CA)

Victim/Witness Program (1989), guidelines

for developing an educational IOC model

were offered.

In CYA, no new funds were allocated

for the classes, but resources were

redirected; that is, redirected so that

budgeted education funds were reassigned

to conduct this class instead of another

course. This course, however, includes a

number of the other educational activities

such as analyzing problems, spelling,

writing, and reading. The difference is

the subject matter.

The following sections describe course

requirements, instructor/facilitator

selection, and availability of resources

to develop the program:

Course Description

The students of the IOC course must meet

the following objectives:

■ Explore how they view the rights of other

people.

■ Raise their awareness of the long-term

impact of their action.

■ Recognize their own possible

victimization as children and how that

abuse might influence them today.

■ Provide opportunities to help them

become non-abusive parents and good

spouses/partners.

■ Discuss their tendency to depersonalize

the people they injure.

■ Consider how they are accountable for

the crimes they committed.

Subjects taught in a victim awareness class

should span a range of topics, including

property offenses, domestic violence, sexual

assault, homicide, robbery, child abuse and

victims’ rights. In these classes, offenders

should not be separated by offense type,

since the goal is for all offenders to learn

about the far-reaching effects of crime.

The course must be experiential with a

variety of activities that include the use of

visual aids such as videotapes with study

guides, television newscasts or programs;

guest speakers; notebooks with articles;

scenarios and exercises; and role-playing

opportunities. Of these activities, visits by

actual victims provide the most important

experience. Nothing can replace or

substitute hearing from a parent whose

child was killed or a burglary victim who

is still afraid to be in his/her own home.

The only substitute for an actual victim

could be a victim services advocate who has

worked with many victims, and who can

relate the stories of the people he or she has
70

Chapter 4: Victim–Offender Programs

helped. Most people do not fully appreciate

the tragedies of crime or the related

financial and emotional costs. Consider

this example: The fiancee of a bride-to-be

is stabbed to death just weeks before their

marriage, and all deposits for the wedding

and celebration are non-refundable. Besides

that, the young woman has no rights as a

victim, since she is not the “next of kin.”

This type of real-life story can make more

of an impact on a delinquent youth than the

horrible, sensational stories which even

habitual offenders find repulsive. For that

reason, instructors in this course should use

everyday news stories on television and in

the newspapers to present material involving

ordinary people.

Other good exercises are to have the

offender assess and write about what he

or she thinks is owed to the victim, or

what he or she feel would be owed if either

of them were the victim of this offense.

Another approach used by the Texas Youth

Commission at the Giddings Correctional

Facility involves having the young offenders

role play their violent offenses as both the

victim and the perpetrator.

Instructor/Facilitator Selection

The instructor/facilitator must be able to

do the following:

■ Confront delinquent youth regarding

their attitudes and beliefs in an assertive

manner that encourages maximum

self-examination and minimizes

defensiveness.

■ Understand the conflicting attitudes of

both offenders and victims.

■ Use experiential (student participation)

teaching techniques to facilitate offender

learning in the classroom.

In order to facilitate an “Impact of Crime on

Victims” course, the instructor must know

how to be successful. The instructor

cannot attempt to teach this course without

advanced preparation, and so must be

trained by victim service advocates. The

instructor must stay on target with victim

of crime issues. This is not a course on the

general causes of delinquency, nor is it a

course on other offender needs such as

housing, employment, or gangs. It is often

too easy for offenders or staff to focus on

the many other societal problems and

neglect the personal responsibility of each

individual for his or her situation. This

is not a course on philosophy (i.e., are

fish victims?) and is not a course on the

holocaust or natural disasters (i.e., victims

of hurricanes).

Resources to Develop the

“Impact of Crime on Victims” Program

A comprehensive teachers’ manual and

students’ curriculum has been developed by

CYA. In addition, the Office for Victims of

Crime provided support for a “training for

trainers” session in IOC and victim impact

panels in 1996, from which many resources

and trained course facilitators emerged.

Additional information about how to

plan and implement an IOC class in

probation or parole settings is available

from the California Youth Authority,

Office of Prevention and Victim Services,

4241 Williamsbourgh Drive, Suite 214,

Sacramento, CA 95823.

Victim Impact Panels

Victim impact panels (VIPs) have been

utilized in conjunction with the criminal

and juvenile justice systems since 1980.

Initially developed by Mothers Against

Drunk Driving (MADD) and Remove

Intoxicated Drivers (RID) to educate

DUI offenders about the tragic effects

their actions have on victims, VIPs have

expanded to also include persons convicted

of offenses such as burglary, robbery, auto

theft, and property crimes. VIPs can be
71

Chapter 4: Victim–Offender Programs

utilized in a variety of venues involving

adult and juvenile offenders, including

diversion, probation, parole, detention,

or incarceration. In addition, VIPs have

proved effective as a preventive approach

for youth through school forums. They are

also extremely beneficial when included as

components of any training for justice and

allied professionals, including probation

and parole.

Benefits for Offenders and Victims

For offenders, VIPs offer an opportunity

to hear firsthand about the short- and

long-term pain and suffering their crimes

cause to victims. For victims who choose

to participate, VIPs can be a valuable

component in their attempts to reconstruct

their lives in the aftermath of a crime.

Many victims believe that by speaking

directly to offenders, they may help prevent

future delinquent or criminal behaviors.

Program Coordination

VIPs must include a truly collaborative

approach that crosses the justice system

and the community. Stakeholders in

program planning, development, and

implementation include the following:

■ System-based and community-based

victim service organizations.

■ Crime victims.

■ Adult and juvenile courts.

■ Judiciary.

■ Prosecutors.

■ Adult and juvenile probation/diversion.

■ Adult and juvenile corrections.

■ Adult parole and juvenile aftercare.

Resources for VIP Program Development

Excellent resources for program

development, including a planning guide

and videotape, are available from the

National Office of MADD, P.O. Box 541688,

Dallas, TX 75354-1688, or by calling

1–800–GET–MADD. Recommended

guidelines for organizing a VIP program,

as developed by Lord (1990), address the

following issues:

■ Criminal justice system support.

■ Research on victim impact panels.

■ Steering committee.

■ Other victim impact panel options.

■ Site selection.

■ Procedures/forms.

■ Sample forms.

■ Funding.

■ Selection of victim speakers.

■ Guidelines for victim speakers.

■ Preparation tips for victims.

■ The panel presentation.

■ Evaluation.

■ Sample evaluation forms.

Conclusion

This chapter gives an overview of the value

of victim–offender programs and offers

concrete examples of victim–offender

programs that have been implemented

in probation and parole settings. When

implemented correctly, victim–offender

programs can provide substantial benefits

to victims, offenders, and the community.
72

Chapter 4: Victim–Offender Programs
73

Chapter 5: Family Violence

Chapter 5

Family Violence1

Introduction

Family violence is a pervasive and

insidious problem in American society,

and one that, all too often, has been

ignored by the criminal justice system.

Family violence affects victims across the

entire age span and from all socioeconomic

and ethnic groups. Child abuse, partner

abuse, and elder abuse are among the

types of family violence most commonly

addressed by criminal justice and social

services agencies. However, violence

in other family relationships, such as

between siblings, assault of parents by

juveniles, and abuse by family caretakers

of vulnerable adults (e.g., those with

physical or mental impairments) also

exists and must be studied more thoroughly

to understand the full extent and

ramifications for victims and society.

This chapter contains a discussion of the

following:

■ The extent and consequences of family

violence and its impact on victims.

■ Several practices recommended for an

effective community corrections response

to family violence and its victims.

■ The type of information that should be

provided to victims of family violence.

■ Offender supervision in relation to

family violence cases to help protect

victims.

Exploration of Problems and Issues

Extent of Family Violence

The magnitude of family violence incidents

is difficult to ascertain. The “family” has

generally been regarded as an inviolable

unit of society, protected from the scrutiny

of outside contingents. Therefore, experts

believe much family violence is never

included in official reports. Nonetheless,

known prevalence is staggering. The

following data underscore the occurrence

of several types of family violence:

■ There were nearly 2 million reports

of child abuse and neglect involving

2.9 million children in 1993. About

40 percent of reported cases were

substantiated, or there was some

indication of maltreatment. One thousand

and twenty-eight (1,028) children died

from maltreatment. Of child abuse

perpetrators, approximately 77 percent

were parents and 12 percent were other

relatives (National Center on Child

Abuse and Neglect, 1995).

■ The majority of partner abuse crimes

are committed by men toward their

female partners. More than 1 million

women were victims of violence at

the hands of their intimate partners

(husbands, ex-husbands, boyfriends,

and ex-boyfriends) in 1992 (Bachman

& Saltzman, 1995).

■ Elder abuse has been studied less

intensively than has child or partner

abuse. However, estimates range from

1 percent to 10 percent of the elderly

population experience abuse, including

physical, emotional, and financial

maltreatment (Tatara, 1993).

Consequences of Family Violence

The significant association between family

violence and other issues confronting the

criminal justice system make this a critical

issue to address. Children who grow up in

1Partially derived from A.H. Crowe (with P. Wack

and P.J. Schaefer). (1996). Intervening in Family

Violence: A Resource Manual for Community

Corrections Professionals. Lexington, KY:

American Probation and Parole Association.
74

Chapter 5: Family Violence

abusive households (whether the violence is

directed toward them or toward a parent)

are more likely, but not destined, to

live in abusive households as adults

(Gelles & Cornell, 1990). Recent studies

underscore that abuse of children increases

the potential risk of future delinquency and

adult criminality. Widom (1992) followed

a sample of 908 abused children and a

comparison group of 667 non-abused

children for 15 to 20 years. She reached

the following conclusions:

■ Being physically or mentally abused

or neglected as a child increased the

likelihood of the following:

• Arrest as a juvenile by 53 percent.

• Arrest as an adult by 38 percent.

• Arrest for a violent crime by 38 percent.

■ Being abused or neglected in childhood

increased the likelihood of arrest for

females by 77 percent.

■ Physically abused children were more

likely to be arrested later for a violent

crime (15.8%), however this was

followed closely by those who were

neglected (12.5%).

A review of research on the effects on

children of witnessing violence led Widom

(1989) to conclude that observing hitting

between parents was more highly related to

later marital aggression than was being hit

as a teenager. However, experiencing both

types of violence — partner and child abuse

— resulted in the highest risk of subsequent

partner abuse.

Although much more research is needed,

there is evidence that risk factors for various

types of family violence are very similar to

those for general criminality. Therefore, it

is likely that within the general population

of criminal offenders supervised by

community corrections professionals, there

are many who have committed, or currently

are committing, family violence offenses.

Factors that often are present among

perpetrators of family violence, as well

as general offender populations, usually

have violence in family of origin; criminal

history; substance abuse; generalized

aggression, including assaults against both

males and females outside the home; low

education level; social isolation; and are

relatively young (Gelles & Cornell, 1990;

Gelles, Lackner & Wolfner, n.d.; Klein,

1994; Milner, 1995; Saunders, 1995).

A pervasive factor in all forms of family

violence is the feeling of entitlement by the

perpetrator. A need for power and control

over a victim/family member often results

in violence if victims are not perceived as

being compliant with offenders’ demands.

Perpetrators often express feelings of

“ownership” of other family members and

feel they have a right to control family

members using any means.

Impact on Victims

Impact on victims of child abuse, partner

abuse, and elder abuse manifests itself in

three ways:

Child abuse (inflicts lifelong scars on

victims) and its potential ramifications:

■ Relationship difficulties experienced as

children and as adults include the distrust

of others; fear of intimacy; feelings of

isolation, alienation, and abandonment;

and attachment disorders (Brier, 1984;

Courtois, 1979; Egeland & Erickson,

1987; Herman, 1981; Zeanah & Anders,

1987).

■ Psychological consequences such as

suicide, substance abuse, lower selfesteem, and feelings of powerlessness.

■ Delinquency and adult criminal behavior,

including perpetration of violence toward

family members and others.
75

Chapter 5: Family Violence

Partner abuse frequently produces

the following consequences among its

victims (Walker, 1988, Battered Woman’s

Syndrome):

■ Cognitive distortions (confused thinking,

difficulty in concentrating, pessimistic

thinking style).

■ Memory distortions (partial amnesia,

intrusive memories, flashbacks,

dissociation).

■ “Flight” symptoms (high avoidance,

depression).

■ “Fight” symptoms (hypersensitivity

to cues of danger, exaggerated startle

response, irritability, and anger released

during periods of low danger).

■ Sleeping and eating problems.

■ Physiological reactivity (seeking medical

help during calm periods after abuse

occurs for aches and pains associated

with high stress).

Women who are physically or sexually

abused by their partners perceive

themselves as less healthy, complain more

about physical and emotional distress, and

engage in behavior that is injurious to their

health (e.g., substance abuse) more often

than women who do not experience abuse

(Koss, Koss & Woodruff, 1991).

In addition to the effects of partner abuse

on women, children living in domestic

violence situations also are adversely

affected by the abuse. The consequences

often encountered by children living in

homes where partner abuse occurs include

the following (Seymour, 1996a):

■ A risk of suffering physical or sexual

abuse themselves at the hands of the

batterer.

■ Emotional or financial neglect.

■ Emotional distress, such as fear, phobias,

and depression.

■ Threats and manipulation by the batterer

to promote his power and control of his

partner.

■ Diminished self-esteem.

■ Academic and/or peer relationship

problems.

■ Disruptions in residency when women

seek shelter and/or actual homelessness.

■ Learned aggression which is perpetuated

toward other family members and persons

outside the home.

Elder abuse occurs when elders are

subjected to family violence. The

elderly victim also experiences physical

manifestations (e.g., bruises, sprains,

abrasions, bone fractures, burns, and

other wounds) as well as psychological

consequences such as depression, appetite

loss, and sleep disturbances (Pillemer

& Frankel, 1991; Phillips, 1983;

Hudson, 1986).

Key Elements for Intervening

with Victims of Family Violence

Family violence has traditionally been

defined as a social problem rather than

an issue for the criminal justice system.

Two themes often were used to rationalize

neglect by the criminal justice system:

(1) what happens within the family is

private; and (2) resources need to be

directed toward dealing with “real” crimes

and criminals (e.g., bank robberies, car

thefts, stranger abductions, and murders).

These two lines of reasoning are fallacious

because victims deserve protection whether

they experience violence at the hands of a

family member or a stranger. The evidence

is strong, as well, that family violence

crimes often lead to, or are associated with,

other types of criminal behavior. Thus,
76

Chapter 5: Family Violence

violence within families often fosters the

next generation of criminals. Intervening

at the earliest possible opportunity may

prevent future criminal behavior. Several

practices are recommended for an effective

community corrections response to family

violence victims:

■ Program Goals: Victim protection

and empowerment is the primary goal

of intervention in cases of family

violence. To support that goal, offender

accountability and offender behavior

change also are adopted as goals.

■ Case Assessment: Assessment activities

include both offenders and victims.

Offenders are told that victims will be

contacted by the probation/parole agency

initially and throughout the supervision

period. Victims’ accounts of the violence

are heard as credible and used as a basis

for making case decisions. Victims are

advised during the assessment process,

and subsequently, of their rights and

actions they may take to increase their

safety. All family violence offenders

are initially classified as high-risk and

assessed for substance abuse problems.

■ Special Conditions of Release:

Community corrections professionals

and courts or paroling authorities

work cooperatively to impose special

conditions of release on family violence

offenders that assist probation and parole

officers in achieving the goals of victim

safety, offender accountability, and

offender behavior change. There are

swift consequences for violations of these

conditions and/or any further instances

of abuse.

■ Victim Services and Offender

Supervision: In an attempt to ensure

victims’ safety, family violence offenders

are supervised as high-risk offenders,

including frequent contacts, home visits

or field surveillance, investigation of

records for new abuse, contact with

victims (if they are willing), substance

abuse monitoring, checks of attendance

and participation in treatment programs,

electronic monitoring or curfew checks,

and monitoring of offenders’ financial

obligations.

■ Enforcement of Conditions of Probation

or Parole: Supervision protocols include

ongoing contact with victims and the

provision of additional resources to

victims (through the probation/parole

agency or referral to other agencies),

such as safety planning, victim protection

technologies (cellular phones, electronic

monitoring), and opportunities for

treatment and support.

■ Trained Staff: The probation/parole

agency has staff who are trained in

dealing with cases of family violence

and are sensitive to victims’ issues.

Attempts by offenders and others to deny,

minimize, externalize, and rationalize

abusive behaviors are challenged.

These elements are summarized in

the remainder of this chapter. The

information provided is based on reviews

of probation and parole agency materials

and professional literature. The agency

contact and resource list in Appendix I

contains a list of some community

corrections programs providing specialized

family violence services containing many

of these practices.

In addition to the elements listed above, the

community corrections agency should keep

accurate data on cases of family violence

and undertake efforts to evaluate program

effectiveness.

Program Goals

Victim Protection and Empowerment

Victim protection and empowerment must

be a priority for community corrections.
77

Chapter 5: Family Violence

Four important reasons to emphasize victim

protection and services are as follows:

1. Prevention of death or injury.

2. Containment of the intergenerational

transmission of violence.

3. Empowerment of victims.

4. Reduction of exposure to legal liability.

The potential for death and injury in family

violence cases, and the increased risk of its

intergenerational continuation, have been

addressed already. Victim empowerment

is another key aspect of this goal. Seeing

others take their situation seriously

empowers a victim of family violence to

act on her own behalf. Victim empowerment

is more likely to occur when the justice

system intervenes appropriately.

Conversely, when they are not believed,

when they are blamed for the abuse, or

when cases become “lost in the system,”

victims often become further alienated,

victimized, and less able to act for

themselves. The most important method

of empowering victims of family violence

is to believe them, investigate, and take

appropriate action.

Legal liability is still another reason victim

protection is important. Many changes

in legislation and policies and procedures

for law enforcement, court personnel,

prosecutors, community corrections, and

treatment providers occurred largely

through litigation brought by victims or

survivors of murder victims. Most lawsuits

stem from victim protection responsibilities

that often have at their core the justice

system’s failure to take these cases

seriously. Because family violence cases

involve a known victim who is usually

in foreseeable danger from an identified

perpetrator, and because these victims often

have restraining or protective orders that

may be interpreted as committing the State

to intensified protection efforts, community

corrections’ exposure to legal liability is

somewhat heightened in these cases.

Offender Supervision and Accountability

Community corrections agencies have a

public protection mandate. In family

violence cases, the “public” consists of

known and potential victims as well as

others outside the family. The protection of

all of them is a fundamental responsibility

of community corrections. As discussed

previously, there is evidence suggesting

family violence is correlated with risk

for other criminal behavior. Stringent

supervision techniques and swift and sure

enforcement of conditions affects the safety

of identifiable victims, as well as the

public at-large.

Holding family violence offenders

accountable for their actions is central to

supervision and enforcement of conditions.

Offenders often exhibit a sense of

entitlement toward those with whom they

are intimate, and they often are tenacious

in their pursuit of victims. They may deny,

rationalize, minimize, and blame victims

for their behavior. These attempts must

be confronted every time they occur.

Appropriate responses from the criminal

justice system reinforce to the offender and

others that violence within the family is

unacceptable, criminal behavior.

Offender Behavior Change

Family violence behavior is thought to

be learned in most cases. Therefore,

with appropriate intervention, it can be

“unlearned,” or different behaviors can

be learned to replace abusive ones.

Appropriate intervention is based on

psychoeducational and cognitive behavioral

principles provided in group settings and

specific to the type of offense(s) committed.

Intervention focuses on stopping abusive

behaviors, protecting victims, and holding

offenders accountable. Traditional

treatment modalities, such as marriage

counseling, anger control, and individual

insight therapy have been ineffective when

used early in the intervention process or
78

Chapter 5: Family Violence

when used exclusively. Some States

legislatively prescribe appropriate treatment

in domestic violence cases because more

traditional approaches have the potential for

batterers to avoid accepting responsibility

for their behavior or for failing to reduce

victim danger and victim blame. It is

increasingly recognized that intervention

generally should be long-term. This may

require legislation extending the period

of probation or parole allowed for some

offenses. Enforcement of treatment

conditions should include regularly

monitored attendance, active participation,

and successful completion of treatment goals.

Case Assessment

A thorough assessment is the foundation

of good case planning and intervention.

It facilitates an appraisal of potential risk to

victims and a determination of appropriate

intervention and supervision strategies for

family violence offenders. Each victim and

offender may share many characteristics

with similar victims and offenders, but

each also is unique. Individual needs and

resources must be evaluated and used as

the basis of the case management strategy.

Victim Assessment

Victim assessment should be undertaken

to determine any needs victims may have,

including those related to their safety.

Victims also are instrumental in the

assessment of offenders. They have

firsthand knowledge of the offender’s

patterns of abuse and factors that increase

the risk of violence. Because family

violence offenders tend to deny, minimize,

externalize, and rationalize their behavior,

the victim’s account is likely to be more

accurate and should be used for comparison

with the offender’s version. Victims should

be assessed in the manner that is most

appropriate for their needs.

In many cases, victims of physical or sexual

child abuse have a social worker from the

Child Protective Services Department; they

also may have a therapist working with

them. Often law enforcement personnel

are involved in investigative assessments

of child abuse. These persons perform

assessments, and it is unlikely that

community corrections will have much

contact with these victims. Similarly,

in cases where older persons have been

abused, an Adult Protective Services unit is

likely to be involved. These professionals

have been especially trained to work with

children or elders. However, establishing

working relationships with protective

services agencies so vital information on

the offender’s supervision can be shared

is important.

On some occasions, however, it may be

necessary for a community corrections

professional to make initial assessments

of victims of child or elder abuse. This

may occur if interactions with offenders

indicate the possibility of abuse. For

example, if a probation officer is

conducting a home visit with an offender

and notices a child or elder who has

suspicious injuries or other indicators of

abuse or neglect, a preliminary assessment

of the child or elder becomes necessary to

determine if a report to protective services

should be made. In such a case, the

following procedures should be taken:

■ Separate the suspected victim from

possible abusers so he or she can talk

freely.

■ Approach the child or elder with respect

and in a nonthreatening manner.

■ Use language that the child or elder

understands.

■ Assure the possible victim that s/he has

done nothing wrong and is not in trouble.

■ If children or elders are reluctant to talk,

ask if there is someone they would like to

speak with (e.g., teacher, friend, relative).

Express concern for their safety.
79

Chapter 5: Family Violence

■ Ask the child or elder to explain how

s/he received the injury or why s/he is

behaving as they are (e.g., crying,

isolated, fearful).

If abuse is suspected, most State laws

require professionals to report it to the

protective services agency. Community

corrections professionals should know the

reporting laws and procedures in their

States, including whether or not they are

mandated reporters.

Probation and parole officers have more

frequent contact with victims of partner

abuse. In most locations there is not an

equivalent of a protective services agency

for adults who are neither elderly nor

vulnerable because of physical or

developmental challenges. Some partner

abuse victims seek services such as

shelters, mental health counseling, or

legal remedies (e.g., restraining orders).

However, many victims are systematically

isolated and controlled by their batterers

and have little knowledge of community

resources or skills for accessing needed

services.

Contact should be made with partner

abuse victims as soon as possible when

community corrections professionals

become involved with these cases. See

Figure 5-1 for a suggested protocol for

assessing victims. The offender should be

informed from the beginning of probation

or parole contact that the victim will be

contacted for assessment information,

and periodically throughout the period,

the offender is receiving community

supervision. The offender should be

admonished that s/he is not to interfere in

any way with such contact nor to attempt

to influence the victim’s response to such

contact. The purpose of contact is to assess

the victim’s ongoing safety and needs, as

well as to determine whether or not the

offender is complying with the conditions

of probation or parole. It should not be the

responsibility of the victim to monitor the

offender’s behavior; however, s/he may be

the only one who has certain information

(e.g., if the offender has made unauthorized

contact with the victim).

There are several areas to assess with

domestic violence victims. Figure 5-2

contains a list gleaned from several

assessment instruments and program

manuals. Several areas listed are the same

as those for which offenders should be

assessed. Figure 5-3 contains suggested

interviewing approaches for victims of

partner abuse.
80

Chapter 5: Family Violence

Figure 5-1: Suggested Protocol for Assessing Partner Abuse Victims

1. Contact victim advocates, police,

or others known to have knowledge

about the case prior to the interview

with the victim or offender to obtain

any applicable information.

2. Contact the victim after

interviewing the defendant in order

to verify statements made by the

offender. Victim contact should be

made at the earliest point of contact

with the offender (i.e., pretrial,

presentencing, probation intake,

parole planning, or parole intake).

3. Always interview victims and

perpetrators separately. If both

are in court for a pretrial hearing,

interview the defendant first and

then the victim. If the offender

comes to the court or probation

office alone, contact the victim

as soon as the offender leaves.

This allows an interview with the

victim before the perpetrator has

an opportunity to prepare or coach

her for the interview.

4. Express concern for the victim’s

safety and explain the need for her

involvement in the assessment

process.

5. Ask the victim to describe the abuse

in general and the specific incident

resulting in this court involvement.

6. Use an interview guide or

assessment instruments selected for

the assessment process. This helps

ensure a thorough assessment.

Sources: Black, 1995; Domestic Violence Committee, New York Department of Probation, n.d.;

Family Division, Superior Court of Connecticut, 1986; Pence, 1989.

7. Explain the court and legal

processes being conducted (i.e.,

pretrial hearing, sentencing,

probation, parole).

8. Confirm the victim’s mailing address

or request another address where she

would like to be contacted (e.g., a

family member or friend). Inform

the victim that a letter will be sent

to her that will provide information

on domestic violence and community

resources available to her.

9. Mail a letter to the victim

explaining the court, probation

and/or parole processes affecting

her. Include the name and phone

number of the shelter closest to

her, information about obtaining

restraining or protection orders,

a list of community resources she

may need, information on planning

for her safety, and other information

on domestic abuse.

10. If a victim refuses to provide

information or requests materials

not be sent to her, document this in

the case record.

11. Maintain the victim’s contact

information in a secure place

separate from the offender’s file.

12. Make a followup call to verify

the victim received the mailed

information and inquire as to whether

she has any additional information to

share, feels she is safe at present, or

has any other problems for which she

needs assistance.
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Chapter 5: Family Violence

Figure 5-2: Areas for Assessment of Partner Abuse Victims

Substance Abuse: Do either the

offender or the victim have a problem

with the abuse of alcohol or other

drugs? Has either of them received

substance abuse treatment? Does the

victim perceive substance abuse is a

contributing factor in the violence?

Violence or Other Criminal Activity

Outside the Home: Does the victim

report the offender’s involvement in

abusive behaviors or other criminal

activities away from home?

Property Destruction: Does the

offender ever throw objects, break

things, or otherwise destroy property?

Isolation of the Victim and/or

Perpetrator: Is the victim allowed to

work, go out with friends and family,

participate in activities in the community,

and receive mail and phone calls?

Does the perpetrator work, have friends,

and participate in activities outside

the home?

Attitudes Toward Violence:

Is violence viewed as acceptable or

expected behavior?

Offender’s Attitudes Toward Victim:

Is the offender jealous, critical, or

demeaning toward the victim?

Victim’s Needs: Does the victim need

housing or temporary shelter, medical

care, financial assistance, legal

assistance, educational services,

counseling, or support?

Victim’s Support System: Who can

she turn to when she needs help or

support? Does she have family or friends

in the immediate vicinity? Is she aware

of, or has she used, community services?

Family History: Were either the

victim or perpetrator abused as children

or witnesses to marital violence?

Types of Violence Experienced:

What types of physical and emotional

abuse has the offender perpetrated

against the victim?

Cycle/Frequency of Violence:

How long has the violence been

committed and how frequently does

it occur? Is it becoming more

serious? How many times have

police been called? Is there a current

(or previous) restraining order? Has

the offender been abusive in previous

relationships?

Present Offense: What is the victim’s

account of the present offense?

Dangerousness/Lethality: What is

the victim’s assessment of the danger

to her and her children? What is her

level of fear? What is the most serious

violence she has experienced? Does

she know whether or not the offender

has access to weapons? In what

ways has he threatened her? Has

the offender ever harmed pets or

taken hostages?

Suicide Threats or Attempts:

Have either the offender or victim

threatened or attempted suicide?

Forced Sex: Has the perpetrator

forced the victim to have sex against

her will?

Child Abuse: Has the offender ever

abused the children? Has the family

ever been investigated or received

services from the child protective

services department?

Sources: Black, 1995; Family Assault Supervision Team, n.d.; Family Division, Connecticut Superior

court, 1986; Onondaga County Probation Department, 1991; Pence, 1989.
82

Chapter 5: Family Violence

Figure 5-3: Interviewing Techniques for Partner Abuse Victims

Victim safety should be the first priority.

■ Express concern for her safety, but

respect her reasons for staying.

■ Recognize the cycle of violence, and

help her understand it is likely to happen

again.

■ Understand that leaving her batterer may

be the most dangerous time for her.

■ Ask if this is a good time to talk; avoid

interviewing victims if abusers are present.

Support the victim.

■ Help her understand the abuse is not her

fault; she does not deserve to be beaten or

verbally abused.

■ Emphasize the abuser is responsible for

his behavior.

■ Encourage and support her if she realizes

she needs to get away from danger, but do

not pressure her to leave or criticize her

for not leaving.

■ Explain the benefits of intervention with

the abuser and acknowledge that the

process of change will be difficult for

both for them.

■ Always be honest with the victim.

Listen carefully to victims.

■ Take her story seriously.

■ Don’t interrupt.

■ Listen to how things are said and what is

not said.

Question victims with care.

■ Use probing, open-ended questions.

■ Follow responses with specific questions

to get details.

■ Ask for examples and specifics.

■ Define terms used.

■ Clarify common statements (e.g., “What did

you mean when you said he hits you a lot?”).

■ Avoid giving victims answers to your

questions (e.g., Ask “What do you

argue about?” instead of “Don’t you

argue about the children?”).

Be aware of personal thoughts, feelings,

and biases.

■ Try to remain nonjudgmental.

■ Understand differing cultural and

religious values and beliefs.

■ Recognize and understand victims’

ambivalence; they often love their

partners.

Define roles and responsibilities.

■ Clarify the professional role and

responsibilities of a community

corrections professional.

■ Explain what can and cannot be done.

■ Be sure the victim understands that

some information she shares may not

be kept in confidence.

Empower victims.

■ Recognize that abusers often damage

victims’ confidence and self-esteem.

■ Offer them information that increases

their choices.

■ Avoid taking over and making

decisions for her.

■ Encourage victims to take small steps

toward independence and to rebuild

self-confidence.

Identify the victim’s needs.

■ Ask if she needs medical attention.

■ Ask if she needs safe housing.

■ Help her prioritize her needs.

■ Provide information about services

available to her.

Sources: Black, 1995; Family Assault Supervision Team, n.d.
83

Chapter 5: Family Violence

A sample letter that could be sent to a

victim of domestic violence at the point

of initial case contact is contained in

Appendix E. A sample safety plan for

victims of domestic violence also is

included in Appendix E.

Offender Assessment

Offender assessment is a vital component

of efforts to ensure victim protection and

empowerment. When determining which

offenders to assess, agencies need to make

some critical decisions. Community

corrections caseloads contain offenders

whose present sentence results from a

conviction for a family violence offense,

such as domestic violence or child sexual

abuse. However, there may be offenders

on probation or parole for other crimes

who have family violence arrests or

convictions in their past records. Further,

there likely are many offenders who never

were arrested for a family violence offense

who, nevertheless, are violent toward

their family members. Andrew Klein,

former Chief Probation Officer in Quincy,

Massachusetts, where a nationally

recognized coordinated response to

domestic violence has been developed,

has identified several types of offenses

that are especially likely to include a

family violence component. These include

breaking and entering, annoying phone

calls, stalking, malicious property damage,

and cruelty to animals (Klein, 1996).

An agency’s resources and commitment

to stopping the violence will influence the

extent to which assessments of each of

these groups will be undertaken.

The first group, adjudicated family

violence offenders, must be assessed,

and appropriate intervention plans should

be developed to ensure victim safety. If

possible, all offenders should be screened

for family violence offenses, whether or not

there is an official record of such conduct.

Many probation and parole professionals

regularly conduct risk and needs

assessments on offenders. The areas

covered by these assessments also will

apply to family violence cases. However,

there are some special considerations for

these cases, as well. Part of the assessment

task often calls for the probation or parole

officer to attempt to predict the degree of

risk or dangerousness presented by the

offender. Probation and parole professionals

should be familiar with specific risk and

lethality factors associated with various

types of family violence. (For a more

comprehensive discussion of risk factors

and assessment processes, please see

Chapter 10, Assessment, in Ann Crowe’s

Intervening in Family Violence: A Resource

Manual for Community Corrections

Professionals, published by the American

Probation and Parole Association, 1996.)

Establishing from the beginning of

intervention and supervision that the

offender’s behavior — the violence —

will be the focus is important. At the first

contact, the purpose should be articulated

clearly. This may be done by the officer

making statements to the offender, or the

officer may ask the offender to explain why

s/he has become involved with the courts

(Sonkin, 1987). The latter approach allows

the officer to assess the extent to which the

offender employs denial, minimization,

externalization, and rationalization. When

the offender uses these tactics, s/he must be

confronted and refuted by the probation or

parole officer.

Victims’ and offenders’ responses to

assessment questions should be compared.

Often, the victim’s account will be the more

accurate. Klein (1996) recommends asking

interview questions three times as more

detailed information often emerges with

each repetition.
84

Chapter 5: Family Violence

Offender Supervision

Each department should have procedures

for processing cases upon adjudication

and assignment to probation or release of

the prisoner on parole. Agency policies

should delineate how cases are referred

and processed, how long offenders have

to report to their supervising probation or

parole officers, and any materials they

should bring with them. This information

should be provided to offenders before they

leave court or an incarceration facility. For

example, the following is the policy of the

New Jersey Conference of Chief Probation

Officers (1992, p. 3).

The speedy and efficient processing of

cases from the court to probation should

be a top priority. The Chief Probation

Officer should work with the Family and

Criminal Division Managers to establish

procedures to alert probation of new cases

as soon as possible, but no later than

24 hours of disposition. The paperwork

should be expedited so the supervising

officer receives the necessary information

as soon as possible. . . .

When a sentence to probation is imposed

in a domestic violence matter, the

defendant should be directed to report to

probation immediately. Where possible,

the defendant should be escorted from the

court to probation, along with the

appropriate paperwork.

Placing family violence offenders on

specialized caseloads that are smaller and

intensively supervised by probation and

parole professionals who have received

extensive training in family violence is

recommended.

Maryland Division of Parole

and Probation Family Assault

Supervision Team

The Family Assault Supervision Team

(F.A.S.T.) provides a specialized form of

intensive supervision to offenders who

have been released to parole/probation

supervision for domestic violence offenses.

The supervision model focuses on offender

accountability and victim safety and

incorporates intensive supervision practices

with the coordination of batterer’s treatment

and substance abuse treatment. The

supervision protocol also emphasizes

expeditious procedures for reporting parole

and probation violations, especially those

involving victim safety. . . . (Source:

Family Assault Supervision Team, n.d.;

Stop the Violence (Program Description).

Baltimore, MD: Maryland Division of

Parole and Probation.)

Agents selected for F.A.S.T. received a

2-day training session conducted by the

staff of the House of Ruth, Baltimore,

a comprehensive domestic violence

intervention program. . . . (Source:

Family Assault Supervision Team. (n.d.).

Stop the Violence (Program Description).

Baltimore, MD: Maryland Division of

Parole and Probation.)

Initially, contact standards for offenders

to report to their probation officers should

be very frequent. Most program materials

indicate the standard is weekly (e.g.,

Quincy, MA Probation Department; Klein,

1996), every-other-week (e.g., Maricopa

County, AZ, Adult Probation Department;

Black, 1995) or twice monthly (e.g.,

Maryland Division of Parole and Probation,

Family Assault Supervision Team, n.d.)

contact for family violence offenders.

Supervision contacts should “reinforce

the probationer’s obligation to the court

and remind him of the consequences of

violation” (Klein, 1996, pp. 15–16).

Frequent contact also helps divert

offenders’ attention from preoccupation

with the victim to the requirements of

probation or parole (Klein, 1996). In

addition to supervision contacts, offenders

are seen in a group intervention program
85

Chapter 5: Family Violence

and possibly for drug testing and treatment.

These contacts help keep offenders focused

on their obligation to obey the conditions

of probation or parole.

Klein (1996) recommends regular checks

with other parts of the criminal justice

system to be sure abuse is not continuing

unbeknownst to the probation or parole

officer. The following are recommended

by Klein (1996):

■ Monthly checks of police logs for calls

to the offender’s or victim’s residence.

■ Weekly checks of persons held in

protective custody for intoxication.

■ Regular checks of local or statewide

computer records of criminal cases

(for any new complaint, family abuse

or otherwise) and civil restraining order

activity (whether initiated by the victim

of record or another).

Offenders should be considered in violation

of their probation and possibly returned to

court if their names are found through any

of these sources.

Offenders should be required to participate

in group intervention programs specifically

for the type of offense they have committed

(e.g., batterer’s intervention for domestic

violence offenders; sex offender treatment

groups for child molesters). Figure 5-4

provides an excerpt from Quincy,

Massachusetts Probation/Parole Manual

for the Supervision of Domestic Violence

Cases Programs that describes batterers’

treatment. Programs should set firm

policies about absences from treatment.

Some agencies will allow two absences

before offenders are returned to court.

Probation and parole officers should

receive regular information about the

attendance and participation of offenders

in a group intervention program. With

modern technology, most intervention

programs and community corrections

agencies can exchange information very

quickly by fax or internet. The treatment

provider can fax, deliver, or mail an

attendance list following each weekly

group meeting. The list also can indicate

the name of any offenders about whom the

group leaders have concerns. This cues

the probation or parole officer to contact

the group leader for further details.

Probation and parole officers may observe

group sessions occasionally to obtain

first-hand information on offenders’

progress. The same process as just

described also can be used to monitor

offenders’ compliance with substance

abuse treatment conditions.

Figure 5-4: Batterer’s Treatment

Probationers should be referred

to a certified batterer’s program,

those programs that specialize in

the treatment of batterers that are

psycho-educational, cognitive

restructuring, and behaviorallyoriented. . .. Treatment in isolation,

no matter how rigorous, will not

be effective if not complemented

and supplemented by consistent

intervention by the criminal

justice system to end battering

behavior. . .. Mandatory treatment

is preferred over voluntary

treatment. It is important that

the treatment agency be

responsive to the probation

officer’s need to hold the

offender accountable. . . .

Source: Klein, A.R. 1996. Probation/Parole

Manual for the Supervision of

Domestic Violence Cases, p. 18.

Penfield, NY: Quincy Court/

Polaroid Information Service.
86

Chapter 5: Family Violence

Both offenders and victims should be told

that a condition of no contact can be

changed only by the court. Even if the

victim drops a restraining order, a condition

of no contact requires action by a judge or

paroling authority to change. A decision is

based on recommendations concerning the

offender’s behavior, so he or she should be

counseled to focus on behavior change

conditions of release. Sobriety, no new

abuse, no infraction of probation or parole

conditions and progress in treatment should

be among the areas assessed in making a

recommendation for a change.

Case Classification

To ensure victim safety, family violence

offenders should be classified initially as

maximum supervision cases. For example,

the New Jersey Conference of Chief

Probation Officers’ (1992, p. 3) policy

states the following:

All cases received for supervision as the

result of a domestic violence complaint,

for supervision of a restraining order, for

violation of a restraining order, or other

convictions arising out of a domestic

violence situation (e.g., assault) shall be

classified as maximum supervision cases.

This policy overrides the normal risk and

offenses based classification process for

adult probation supervision. There shall

be no exceptions to this policy for the

first six months of supervision. At the

6-month reassessment, the supervision

level may only be lowered with the

explicit approval of the supervisor.

Most agencies use a risk and needs

classification system designed for all

offenders. These risk and needs assessment

tools generally evaluate areas such as prior

criminal record and probation supervision,

age at first offense, stability of residence,

employment status, substance abuse, and

the like. These classification systems do

not always reflect accurately the degree

of risk posed by family violence offenders.

As family violence offenders often have

committed offenses many times without

being apprehended, their recidivism rates

will not be depicted reliably. Often

previous offenses, if apprehended, have

been prosecuted as misdemeanors rather

than as the felonies they actually are.

Family violence offenders often have

access to their victims, increasing the

danger involved (Hofford, 1991).

Three approaches have been reported by

probation departments for adjusting the

classification of family violence offenders

appropriately:

1. Some agencies automatically

classify these offenders for maximum

supervision as illustrated in the excerpt

from New Jersey’s policies cited above.

2. Some agencies use a different instrument

with family violence offenders, such as

the one developed in Connecticut and

Colorado.

3. Some agencies add points to the regular

risk assessment form when a family

violence offense is involved, such as

the process used by the Family Assault

Supervision Team in Baltimore, MD.

(See Appendix E.) Figure 5-5 provides

an explanation of the override system

from Stop the Violence prepared by the

Family Assault Supervision Team,

(F.A.S.T.) Maryland Division of Parole

and Probation.
87

Chapter 5: Family Violence

Figure 5-5: Stop the Violence/

Override System

For Item #3, Risk Assessment, all

offenders assigned to F.A.S.T. for a

domestic violence related offense

are to score 6 points. If the

domestic violence offense is an

assaultive offense an additional 4

points will be entered.

For Item #12, Risk Assessment,

the Impression of Offender Risk

should be considered “high” if the

typical characteristics listed in

the instructions are present (i.e.,

rationalizes behavior; shows no

intention of changing irresponsible

behavior; acts impulsively and

without proper deliberation).

If offender risk is considered

“high” score this item 5 points.

Cases with a score based level of

Standard shall receive an override

to Intensive level and receive

Intensive level supervision for at

least six months.

Source: Family Assault Supervision

Team (n.d.). Stop the Violence

(Standard Operating Procedure,

p. 2). Baltimore, MD: Maryland

Division of Parole and Probation.

conditions of release for family violence

offenders placed on probation and parole.

Without these, officers may be unable to

supervise and hold offenders accountable

for behaviors that endanger their victims.

Probation and parole administrators should

work with judges or paroling authorities

to request the appropriate conditions be

imposed. Presentence investigations and

prerelease assessments can be valuable

procedures in assuring the conditions are

appropriate for the offender. Understanding

of the dynamics and consequences of family

violence and the importance of pertinent

criminal justice sanctions by judges and

paroling authorities is vital.

The advantage of having the appropriate

conditions imposed is being able to return

the offender to court or the paroling

authority for further action if s/he fails to

abide by them. If specific conditions are not

enacted, probation and parole administrators

may want to consider developing agency

rules that cover these areas. This can be

done broadly under court directives that

offenders cooperate with their supervision

on probation or parole. The drawback to

this approach is if the offender fails to

abide by a specific agency rule, the court

or paroling authority may or may not be

willing to have the case returned for a

review. If not, only the intermediate

sanctions available to the department can

be enacted. With specific conditions

imposed, offenders can be returned to

court or the paroling authority easily for

disregarding or disobeying court orders.

The court or paroling authority, then, has

the option of incarcerating the offender,

if appropriate.

Figure 5-6 contains an array of possible

special conditions of probation or parole

that may be imposed on family violence

offenders. Figure 5-7 depicts special

conditions appropriate for sexual abuse

offenders. The information in each of

these figures was compiled from several

probation/parole agencies and other

literature as documented in each figure.

Regardless of the mechanism used, family

violence offenders (especially domestic

batterers) should be classified so they can

be intensively supervised initially to more

effectively protect victims.

Special Conditions of Release

Probably the most important tool

community corrections professionals

will need to protect victims is suitable
88

Chapter 5: Family Violence

Figure 5-6: Recommended Conditions of Release for

Family Violence Offenders

■ Self-help/support groups.

■ Release of information to third party

treatment providers.

Punitive:

■ Incarceration.

■ Noncustodial loss of liberty.

■ Fine.

■ Community work service.

Financial:

■ Family support.

■ Restitution.

■ Attorney fees for victim.

■ Counseling for victims and children.

■ Group intervention program and

substance abuse treatment program

fees for offender.

■ Cost of urinalysis.

■ Fees/court assessment.

Sources: This is based on the original work

of Klein, 1994, with additional

contributions by Black, 1995;

Family Assault Supervision

Team, n.d.; and Hofford, 1991.

Protective:

■ No further abuse.

■ No contact with victims or their

families.

■ Abide by all court restrictions and

directives.

■ Submit to warrantless search and

seizure.

■ Electronic monitoring.

■ Intensive supervision.

■ Supervised child visitation and/or

public drop-off/pick-up point.

■ Cooperation with child/adult

protective services.

■ Forfeiture of weapons and suspension

of license.

■ Release of information to third parties

as appropriate.

Treatment:

■ Mandatory attendance, participation

in, and successful completion of an

offense-specific group intervention

program.

■ Substance abuse testing.

■ Substance abuse treatment.

■ Abstinence.
89

Chapter 5: Family Violence

Figure 5-7: Recommended Conditions of Release for Sex Offenders

Treatment:

■ Mandatory attendance, participation

in and successful completion of a sex

offender treatment program.

■ Submit to psychological and/or

physiological assessment (i.e.,

polygraph and Plethysmograph).

■ Submit to substance abuse testing.

■ Submit to testing for HIV and other

sexually transmitted diseases.

■ Substance abuse treatment.

■ Release of information.

Financial:

■ Pay for victims’ therapy.

■ Restitution.

■ Pay for sex offender treatment

program.

■ Pay for substance abuse testing,

polygraphs, and plethysmograph

tests.

Sources: Child Abuse Task Force, Georgia

Department of Corrections, n.d.;

English, Pullen, Jones & Krauth, 1996;

Pithers, Martin & Cumming, 1989;

Scott, n.d.

Protective:

■ No sexual contact or abuse.

■ No contact with any child.

■ No contact with victims; abide by

terms and restrictions of family

reunification procedure.

■ Do not live with children; no new

relationships with families that

include children.

■ Register as sex offender.

■ Reside in approved location.

■ Maintain appropriate/approved

employment.

■ Abide by curfew.

■ Submit to search and seizure.

■ No possession of pornographic

material, frequenting of adult book

stores and movie theaters, or use of

900 phone numbers.

■ Remain fully clothed in public.

■ Abstinence from drugs or alcohol.

■ No hitchhiking or picking up

hitchhikers; no operation of motor

vehicle alone.

■ Submit and comply with a schedule

of daily activities.

■ No possession or use of firearms.
90

Chapter 5: Family Violence

The imposition of conditions should be

based on an individualized assessment

of each case. Some of the conditions

recommended in Figures 5-6 and 5-7 may

be imposed on all family violence offenders,

while others should be used selectively to

match the needs of the victims and

offenders involved.

In developing the specific conditions of

probation and parole for family violence

offenders, judges, paroling authorities,

and probation and parole professionals

must keep in mind that family violence

offenses are serious criminal acts that all

too often result in serious injuries or death.

The specific conditions imposed on the

offenders should reflect this reality as well

as information on special needs revealed by

an individualized assessment of each case.

If found guilty of a family violence offense,

offenders should experience consequences

that impress upon them the serious criminal

nature of their behavior. Being sentenced

to probation or being incarcerated and

later paroled is the first step. The general

consensus of most research findings,

experts, and practitioners in the area of

domestic violence is that diversion of cases,

particularly if a guilty plea is not entered,

is ineffective with these offenders. The

coercive power of the criminal justice

system is needed to enforce the conditions

of probation and parole in order to protect

victims and compel abusers to change their

behaviors (Klein, 1994).

Victim Services

To achieve the goal of victim protection

and empowerment, probation and parole

professionals need to take a more proactive

role with family violence victims, especially

victims of domestic violence. Some

probation and parole agencies designate

victims’ advocates to work with victims

in general or specifically with victims of

family violence. This additional staff allows

agencies to provide extra services victims

often need. If unable to hire a victims

specialist, community corrections agencies

might consider the possibility of developing

contracts or working agreements with

victim support agencies in the community.

Another option is the use of trained

volunteers to assist victims. However,

whether or not a victims’ advocate is

available, line officers supervising partner

abuse offenders also should have contact

with and provide services for victims.

The sooner contact is established with

victims, and they hear about the specifics

of the probation or parole conditions from

the probation or parole officer, the less

opportunity there is for the offender to

contact, intimidate, or harass the victim

further. At the first supervision meeting

with the offender, the supervising officer

should state clearly that initial and ongoing

contact will occur between the victim and

officer, that this is a standard procedure,

and the offender should not interfere with

such contact.

All initial contacts (letters, telephone, and/

or in-person) should strive to ensure the

safety of the victim and provide needed

information. Initial contacts should include

the following information; also see sample

letter in Appendix E. (Sources: Black,

1995; Family Assault Supervision Team,

n.d.; Klein, 1996; New Jersey conference of

Chief Probation Officers, 1992.)

■ Identification of the supervising officer,

his/her role, address, and telephone

number. (Be sure the victim understands

to call police first in an emergency;

then she should inform the probation

or parole officer).

■ The name of the probationer/parolee.

■ The conditions of release provided

in understandable language; details

regarding no contact orders should

explain that any contact, whether

threatening or not, is prohibited and

should be reported to the probation or

parole officer.
91

Chapter 5: Family Violence

■ An explanation that only the court

can modify the conditions of release,

including no contact orders; clarify

that no contact orders do not prohibit

the offender from visitation with the

children unless otherwise stated in

the orders.

■ How the victim can contact the officer

if a violation occurs or with other

relevant information; the name of

another contact person (e.g., the officer’s

supervisor) if the probation or parole

officer is not available.

■ The plan for the officer to make regular

contact with the victim.

■ An explanation about the confidentiality

of information the victim may share with

the officer (e.g., it cannot be kept from

the court but will not be revealed to the

offender unless the victim’s statement is

to be entered into the court record).

■ The victim’s safety cannot be

guaranteed — include an honest

description of the limits of protection

orders and offender treatment.

■ Victims’ rights afforded by statute

or department policy (e.g., the right

to notification of release, the right to

attend and give testimony at revocation

hearings).

■ Under what conditions the victim will

be subpoenaed to give testimony (to

reinforce to the offender that the case

is being conducted by the State and not

the victim).

■ Appropriate referrals with telephone

numbers to include the following:

• Police/911.

• Shelters.

• Adult and child protection agencies.

• Legal services.

• Victim advocates (include State

numbers that may exist).

• Victim treatment providers.

• Crisis focused child and/or adult day

care centers.

Victims or their guardians should be notified

whenever there is a status change for the

offender, including incarceration, release

from custody, dropping out of treatment,

and changes in residence or employment

(English, Pullen, Jones & Krauth, 1996).

Enforcement of Conditions

of Probation or Parole

The purpose of probation or parole

intervention in family violence cases is

to protect victims by changing offenders’

behavior and stopping the violence.

The supervision recommendations

discussed previously in this chapter

attempt to accomplish these objectives.

However, family violence is an insidious

and persistent problem fueled by learned

behaviors that often are legitimized

culturally. Thus, the behavior change

process can be lengthy and arduous.

Many offenders are unable to complete

a term of probation or parole without

violating some of the conditions of their

probation or parole and/or committing

new offenses. The role of the probation

or parole professional is one of

reinforcing positive behavior changes

and of holding offenders accountable for

their behavior through negative sanctions

for unacceptable behavior.

Most offenders will commit technical

violations. Family violence offenders are

accustomed to being in control and often

continue to act as they please by flouting

court orders. Technical violations may

or may not constitute new offenses, but

they generally increase the potential risk

to victims.

Any form of new abuse to a victim —

physical or sexual abuse, threats or
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Chapter 5: Family Violence

harassment — should be sanctioned

immediately, no matter how minor. Other

criminal offenses also should be confronted.

New offenses can go through the normal

criminal justice process, which often is very

long and cumbersome. Charges must be

filed, and often the offender is released

again to the community while awaiting

trial. In the interim he possibly is able to

continuing abusing his victim.

However, if community release conditions

contain terms that an offender shall obey

all laws and perpetrate no further abuse,

new abuse or other criminal offenses can

be treated as probation or parole violations.

This allows much swifter handling of

the case and imposition of sanctions by

returning the offender to court. It may be

advisable to let the case continue along both

routes: as a technical violation and as a

new case for prosecution.

The National Council of Juvenile and

Family Court Judges states: “Probation

violations of any kind in family abuse

cases should be promptly returned to the

court for adjudication” (1990, p. 47). As is

well understood by community corrections

personnel, offender accountability goals

are meaningless if sanctions are not

forthcoming for violations. Failure to

enforce the conditions of release is

especially problematic in family violence

cases because of the increased risk to

the victim and the negative reinforcing

message non-enforcement sends to the

offender, the victim, and the public.

Because of the traditional view that intimate

violence is less serious than other violent

crimes, enforcement for failure to attend

treatment or violations of no contact orders

often are not dealt with strictly by the

courts; however, technical violations are

often a present indicator of criminal

violations yet to come (Brown, et al., 1984,

as cited by National Council of Juvenile and

Family Court Judges, 1990). Probation and

parole officers have the unique opportunity

to follow family violence offenders closely

and expedite offender accountability by

bringing violations back before the court

or paroling authority for increased

supervision, other intermediate sanctions,

and/or incarceration (National Council of

Juvenile and Family Court Judges, 1990).

Both judicial and prosecutorial education

are vital for the successful supervision

of family violence cases. Judges and

prosecutors must understand the tenacity

with which many family violence offenders

pursue their victims and the association

between technical violations and future

re-offending. They also need to embrace

the primary goal of victim protection as

they approach these cases.

An effective working relationship between

community corrections agencies and the

court is vital for holding family violence

offenders accountable for violations

of probation or parole. Klein (1996)

recommends an arrangement whereby only

one judge hears violation cases. With this

method, offenders are likely to be dealt with

more consistently. A single judge can view

a particular case in the context of all other

family violence cases. This judge would be

more familiar with typical behavior patterns

and better able to respond to violators.

Trained Staff

Supervising family violence cases is

difficult work and requires skills and

dedication from officers. The New Jersey

Conference of Chief Probation Officers

(1992, p. 3) delineated the requirements of

personnel as follows:

The supervision of domestic violence

cases should be assigned to a limited

number of officers who specialize in

this function. The officers assigned

should, when possible, have the

following qualifications:
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Chapter 5: Family Violence

• Experience in supervision.

• Senior probation officer status, or

eligible to be.

• Experience and/or training with

substance abuse.

• Interest in taking on the assignment.

• Experience in child support

enforcement.

Probation or parole officers’ responsibilities

generally include those listed in Figure 5-8.

Some agencies have a staff member whose

responsibilities solely are to work with

victims. If so, some recommended tasks and

responsibilities are included in Figure 5-9.

However, even if a specialized victims’

services worker is available, line officers

supervising family violence offenders also

should have contact with victims.

Figure 5-8: Line Officer Responsibilities

■ Conduct presentence investigations

and make recommendations to the

court.

■ Assess offenders’ level of risk,

individual needs, and resources.

■ Develop appropriate case plans.

■ Initiate and maintain contact with

victims.

■ Provide or refer victims to needed

services.

■ Hold offenders accountable for their

behavior and comply with court

orders by implementing sanctions

when necessary.

■ Check with other components of the

justice system to learn of new

charges, and new restraining or

protective orders.

■ Maintain contact with third party

sources (e.g., treatment providers,

neighbors, associates) to learn of

ongoing abusive behavior.

■ Provide or refer offenders to

appropriate treatment services.

■ Maintain appropriate case

documentation.

■ Monitor attendance and participation

of offenders in treatment programs.

■ Monitor offenders for drug use.

■ Collect or arrange for the collection

of any payments the offender is

ordered to make (e.g., child support,

restitution, victim resettlement

costs).

■ Arrange for and monitor the

offender’s compliance with special

conditions of release, such as

apologizing to the victim and

performing community service.

■ Monitor or search the offender and

his/her dwelling and vehicles for

weapons and signs of victim contact

(e.g., children’s toys; a partner’s

belongings).

■ Enforce child (or other family)

visitation requirements.

■ Challenge offenders’ attempts to

deny, rationalize, minimize or

externalize their abusive behavior.

■ Provide a role model of prosocial

behavior.
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Chapter 5: Family Violence

Figure 5-9: Victim’s Services Worker

■ Necessary skills to perform the job

duties.

The community corrections professional

needs to emphasize constantly the

offender’s responsibility for his or her

behavior, thus reinforcing the notion that

accountability is vital to the change process

(Black, 1995). The probation or parole

officer’s attitude and behaviors are as

important as the sentences and conditions

of release. Many abusers receive

reinforcement for their criminal behavior

from peers, relatives, and society-at-large.

This reinforcement allows offenders to

believe their behavior really is not criminal

and is the victim’s fault. The probation or

parole officer may be the first person they

encounter who challenges these beliefs

(Klein, 1996).

Probation and parole professionals must

challenge every attempt on the part of

offenders to deny, minimize, rationalize,

or externalize their behavior. They must be

wary of offenders’ attempts to manipulate

them into fraternizing and colluding

with them about the abuse. Sexist jokes,

derogatory comments about the victim,

and attempts to portray themselves as the

In Quincy, Massachusetts, the probation

department has a policy that states the

following victim contact requirements,

“The probation officer shall inform the

victim that the probation officer will be in

periodic contact with the victim to ensure

that everything is going okay, whether the

probationer is living with her or not.”

(Klein, 1996, p.11).

Qualifications for staff in a program to

intervene in family violence also should

be carefully considered. Requirements for

staff may vary depending on the program

model, agency mission, community needs

and many other factors. Clearly delineating

job expectations and staff qualifications in

the program planning process is important.

A careful selection procedure for choosing

staff to take part in the program should be

undertaken. Desirable qualifications include

the following:

■ Demonstrated commitment to the purpose

and goals of the program.

■ Prior successful experience working with

community corrections offenders and

victims.

■ Specialized training in family violence.

■ Maintain contact with the victim.

■ Notify victims of new offenses by

their abuser and/or changes in the

status of the offender (e.g., release

from incarceration).

■ Help victims develop a safety plan.

■ Help victims assess their needs and

refer them to appropriate services and

resources.

■ Prepare and support victims during

court procedures, such as revocation

hearings.

■ Communicate with all parts of the

criminal justice system and community

services to maintain cooperative

working relationships on behalf of

clients.

■ Educate other staff on the jurisdiction’s

victims’ rights requirements.
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Chapter 5: Family Violence

victims must be confronted with factual

information about the criminal nature of

their behavior. Only through changing both

the attitudes and behaviors of offenders

will the violence be ended.

Education and sensitization training about

family violence are important for all

professionals within the criminal justice

and community service delivery systems.

All community corrections personnel

should receive fundamental training,

including the dynamics of all types of

family violence and recognition of

indicators of abuse in probationers and

parolees and in the family members of

offenders. Probation and parole officers

should appreciate the potential lethality

of family violence and should understand

their agency’s position about intervention

when abuse is suspected.

For example, agents selected for Maryland

Division of Probation and Parole Family

Assault Supervision Team (F.A.S.T.)

receive a 2-day training session. Training

segments include dynamics of domestic

violence, legal remedies (including

Maryland’s new Protective Order),

intervention strategies, victim safety

planning, and offender supervision. In

addition to agents assigned to F.A.S.T.,

the training session is attended by other

Division staff and representatives of

Baltimore City Pre-Trial Release Services

(Family Assault Supervision Team, n.d.).

Those who work with specialized

caseloads of family violence offenders,

or all community corrections staff if these

cases are assigned throughout the agency,

must receive more comprehensive training.

Hofford and Harrell (1993) list several

topics that should be addressed in training

for justice system personnel:

■ Dynamics of family violence.

■ Battered-spouse and battered-child

syndromes.

■ The correlation between spouse abuse,

child abuse, and delinquency.

■ Impact of arrest.

■ Evidence gathering and prosecution

techniques.

■ Victim safety issues.

■ Proper courtroom treatment of victims,

offenders, and witnesses.

■ Impact of personal attitudes and gender

bias on the demeanor and actions of

justice system personnel.

■ Sanctions available and treatment

standards for offenders.

■ Elements of a good protection order.

■ Shelter and support services available

for victims.

■ Effectiveness of coordinating and

consolidating cases and services.

Cross training between community

corrections staff and other professionals

in the justice system and in community

service agencies is recommended highly.

A coordinated community response to

family violence is essential. Therefore, the

development of a common knowledge base

and commitment to collective goals among

all persons in the community (or State) who

will be involved in working with victims

and offenders is required.

Conclusion

Hofford (1991, p. 16) provides a good

description of the role of probation (and

parole) in supervising family violence cases:

Probation departments and individual

probation officers can play a pivotal role

in improving not only the response of the

probation department, but of the entire
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Chapter 5: Family Violence

court system. By setting and enforcing

new standards of behavior between

family members, the court system not

only responds more sensitively and

fairly to victims of abuse, the court also

promotes an intolerance of violence in

the community which will reduce future

violence and make homes safer for

millions of victims. In addition, the

court and probation officers have the

unique opportunity to break the selfreplicating pattern of violent behavior

which condemns the children to learned

domestic violence and crime.
97

Chapter 6: Responding to Workplace Violence and Staff Victimization

Chapter 6

Responding to

Workplace Violence

and Staff

Victimization1

“You only work in this business

because you know it’s (staff

victimization) going to happen to

someone else — not you!”

— A correctional officer who was held

hostage in a critical incident resulting in

the murder of his coworker by an inmate.

Introduction

Violence in the workplace — including

assaults, sexual assaults, robberies, and

murders — has escalated to the point

where the U.S. Department of Justice

recently proclaimed the workplace to be

the most dangerous place in America

(Anfuso, 1994). Workplace homicide has

tripled in the last decade, making it the

fastest growing category of murder in

America (Baron, 1993), as well as the

leading cause of workplace death for

women (Bureau of Labor Statistics, 1994).

A review of the latest data from the Bureau

of Justice Statistics annual crime survey

reveals startling statistics about workplace

violence:

■ Nearly 1 million people become victims

of violent crime in U.S. workplaces

every year.

■ An estimated 8 percent of rapes,

7 percent of robberies, and 16 percent

of all assaults occurred while victims

were on duty or working.

■ Overall, one out of every six violent

crimes experienced by U.S. residents age

12 or older happens at work.

■ Over 30 percent of victims who were

working during a violent victimization

faced armed offenders (Bachman, 1994).

Greater protection for our nation’s

workforce, along with timely and sensitive

responses for employees who are victimized

on-the-job, have become priorities for many

public and private sector employers in the

United States — including corrections —

as a direct result of the drastic increase in

workplace violence.

This chapter describes the scope and

characteristics of workplace violence in

community corrections; discusses the

process for developing a post-trauma

program protocol; identifies unwritten

expectations of community corrections staff

who are victimized; and identifies strategies

for victims and survivors of workplace

violence/victimization.

Corrections and the Scope of

Workplace Violence

People who seek careers in corrections are

usually aware that they are entering into a

high-risk profession. The supervision of

criminal and delinquent offenders with

histories of violent behavior alone increases

the likelihood of potential victimization.

In 1996, the National Institute for

Occupational Safety and Health (1996)

identified ten factors that may increase a

worker’s risk for workplace assault as

described in previous research:

1. Contact with the public.

2. Exchange of money.

1 This chapter is derived from Responding to

Workplace Violence and Staff Victimization in

Correctional Settings (1997), developed for the

Promising Practices and Strategies in Corrections

project, sponsored by the National Center for

Victims of Crime, with support from the U.S.

Department of Justice, Office for Victims of Crime.
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Chapter 6: Responding to Workplace Violence and Staff Victimization

3. Delivery of passengers, goods, or

services.

4. Having a mobile workplace such as a

taxicab or police cruiser.

5. Working with unstable or volatile

persons in health care, social services,

or criminal justice settings.

6. Working alone or in small numbers.

7. Working late at night or during early

morning hours.

8. Working in high-crime areas.

9. Guarding valuable property or

possessions.

10. Working in community-based settings.

Most, if not all, of these factors are part of

the daily work experience of many

community corrections professionals.

Various surveys of probation and parole

agencies in the United States have found

that significant numbers of employees have

been victimized in their career, as depicted

in Figure 6-1 (Parsonage, 1990):

Hostage-taking incidents also are occurring

at a higher rate. In the Federal Bureau

of Prisons alone, there have been 157

employees held hostage in 9 separate

incidents since 1987. Remarkably, none

of those employees was seriously injured

physically, but significant emotional trauma

resulted from such victimization in many

cases (Digman and Fagan, 1996).

Violence in Correctional

Workplaces: Characteristics

Unique to Correctional

Personnel Who Are Victimized

The issues of violence and victimization

in correctional settings — including

institutions, jails, youth detention centers,

probation and parole — can differ

significantly from similar issues in the

general population. Due solely to the

nature of correctional clientele, the risk of

being victimized on-the-job is greater for

correctional professionals than for most

other jobs. Many agencies lack policies

and procedures on how staff can and should

report workplace violence, and how the

agency will respond to them.

Figure 6-1: Percentage of Probation and Parole Employees Who Have Been

Victimized in Their Career

Percentage of

State Career Victimization

Texas Board of Pardons and Parole 41%

Virginia Division of Probation and Parole 39%

New York State Probation 55%

Pennsylvania Statewide Survey 38%
99

Chapter 6: Responding to Workplace Violence and Staff Victimization

The scope and breadth of community-based

victim services provide a fairly good “safety

net” for citizens who are victimized while,

for community corrections employees, the

availability of agency-sponsored victim

services may be limited or, in some cases,

nonexistent. The typical process for

dealing with violent crimes perpetrated

against community members involves

investigations, arrests, and criminal

prosecutions. For community corrections,

some matters that would otherwise be

considered “criminal” may be handled

administratively, depending on agency

policies and procedures.

A basic element of crisis intervention for

victims is assuring them that the crime “is

not their fault.” For community corrections

employees, there are occasions when a staff

member’s oversight, negligence, or failure

to follow established procedures contribute

in some way to his or her victimization.

As a result, “victim blaming” for incidents

of workplace violence involving community

corrections employees becomes a barrier to

crisis intervention and followup supportive

services for the victimized staff. Victim

assistance may be accompanied by

disciplinary actions. In addition, other

staff may harbor feelings of resentment

toward a victimized colleague who failed

to follow procedures.

For community members, victims often

exercise options to completely remove

themselves from “the scene of the crime,”

e.g., leaving their homes and communities,

getting a new job, changing identities, etc.

In corrections, victimized staff are, in many

cases, expected to “return to the scene of

the crime” — often very soon after the

incident occurs. Rapid re-integration into

the workplace without extensive supportive

services can be a “trigger” for severe

psychological reactions. In some cases,

the victimizer (probationer or parolee)

continues to remain in, or report to, the

same field office, while the victim (the

community corrections professional) is

transferred to another site “in his or her best

interests.” Such actions can be considered

punitive, and erroneously support the

concept that the victim was to blame.

The responsibility of supervising or

monitoring a known “correctional staff

victimizer” can add tremendous stress

to those who must assume this job.

Probationers and parolees with histories

of victimizing staff must continue to be

supervised. These differences between

general community response and the

corrections/workplace community response

may affect the scope and sufficiency of the

agency’s services for staff who fall prey

to workplace violence. Recognizing and

understanding these unique characteristics

are two of the most important steps toward

formulating an appropriate agency response

that best meets the special needs of

community corrections employees.

Key Elements for Responding

to Workplace Violence in

Community Corrections

The overall increase in workplace

violence in America, coupled with the

fact that community corrections is a

high-risk profession in itself, comprise

a “double-edged” sword for agency

administrators, as well as for employees.

Staff safety issues should be addressed

within planning, policy development,

training, and evaluation and research.

Agencies and practitioners must recognize

that violence in the workplace can occur at

the hands of offenders under supervision.

In addition, critical incidents are fast

becoming increasingly prevalent in the

general population of the United States,

such as violence perpetrated by family

members, friends, coworkers, and strangers.

Such incidents include the following:
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Chapter 6: Responding to Workplace Violence and Staff Victimization

■ Intimidation or harassment (including

sexual harassment) by persons known to

employees (including coworkers) or by

people committing behaviors that fall

under the criminal definition of “stalking”

(including strangers).

■ Crimes resulting from escalating domestic

violence situations in employees’ homes.

■ Retaliatory crimes committed by family

members or friends of offenders who

are under some form of correctional

supervision but who are unknown to

the correctional employee at the time of

the crime.

■ Assaults or criminal incidents, involving

complete strangers who are unaware of

a correctional employee’s position, are

committed while employees are either

on- or off-the job or are perpetrated

against a family member of the employee.

Criminal incidents include physical

assaults, rapes, robberies, drunk driving

crimes, and homicide.

In order to practice preventive, as well as

responsive, approaches to inappropriate

behaviors that can lead to workplace

violence, community corrections agencies

must have policies that state “no tolerance”

for any inappropriate behavior that

intimidates, harasses, or threatens any

of its employees. (The Federal Bureau

of Prison’s Staff Workplace Violence

Prevention Program Statement is included

in Appendix F.) Agencies must also provide

an environment that is conducive to

reporting any such incidents, along with

policies that clearly state that — and how —

the agency will respond, and whether or not

victims’ complaints will be confidential, if

such protection is provided. Employees

must feel confident that any interactions

they have, resulting from a critical incident,

will remain confidential, if such protection

is provided. Factors that agencies should

consider in developing their threat incident

reports, developed by the International

Association of Chiefs of Police, are

included in Appendix F. In addition, the

agencies should incorporate training on

appropriate behavior in the workplace for

all employees as part of both orientation

training and continuing education and

implement supervisor’s training on how to

identify and intervene in situations where

inappropriate behavior is evident.

Also, the development of a mission

statement, goals, and objectives for posttrauma response efforts can contribute to a

comprehensive agency response. Last, there

should be a coordinated response within the

criminal justice system, as well as followup

with staff, when incidents occur.

Developing a Mission Statement,

Goals, and Objectives for

Post-Trauma Response

It is helpful for community corrections

agencies to develop a mission statement,

goals, and objectives that clearly define its

vision for, and approach to, responding to

staff victimization, critical incidents, and

workplace violence. A workgroup should

be convened that includes the following

personnel and allied professionals:

■ Representative of the agency

administration.

■ Director of the employee assistance

program.

■ Director of victim services.

■ A site supervisor/administrator.

■ A member of the agency’s critical

incident response team (where

applicable).

■ Representative(s) from the agency’s

Victim Advisory Council.

■ Representative from line staff or the

employees’ union.
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Chapter 6: Responding to Workplace Violence and Staff Victimization

The workgroup should consider two

crucial issues prior to writing the mission

statement, goals, and objectives:

■ Defining the various types of workplace

violence, victimization, and critical

incidents to which the agency will

respond.

■ Defining the scope of the agency’s

response.

Developing a Mission Statement

The program mission statement should

provide an overview of the ideals and

values upon which the post-trauma

response program is based. Two examples

of a mission statement that can serve as a

foundation for workgroup discussion and

actions is as follows:

The mission of the (agency’s)

post-trauma response program is

to implement timely and sensitive

policies, procedures and protocols

for both short- and long-term support

of employees, their families, and

any witnesses who are detrimentally

affected emotionally, physically or

financially by crimes committed

against them on- or off-the-job,

in order to promote a supportive

environment for them to reconstruct

their lives in the aftermath of a crime.

The mission of the (agency’s)

program is to establish a safe and

professional environment in which

employees and their families

recognize the importance of reporting

traumatic and/or critical incidents,

and understand the need to address

such incidents through a variety of

interventions and debriefing protocols

and services.

Another example of an agency mission

statement from the Texas Department of

Criminal Justice (TDCJ) Parole Division’s

Post-trauma Staff Support Program is as

follows:

To establish and maintain uniform

procedures for providing immediate

peer support to employees who are

traumatized emotionally or physically

in a critical incident in an effort to

reduce subsequent problems.

Developing Program Goals

and Objectives

An agency’s post-trauma program can

benefit from the development of goals and

objectives that clearly reflect the program’s

overall mission and provide a “road map”

for the development of policies and

protocols. Examples of program goals

include the following:

■ To provide a supportive environment

where employees feel comfortable

reporting any traumatic or critical

incident, and confident that they

will receive comprehensive, quality

assistance, information and referrals

to help them cope in the aftermath of

such incidents.

■ To reduce the detrimental effects of

crimes committed against department

employees or their loved ones, either

on- or off-the-job, through immediate

crisis intervention, as well as short- and

long-term supportive services offered by

the agency, or by qualified professionals

in the community.

■ To provide assistance and services,

including group debriefings, for

any agency employees who may be

traumatized by witnessing, working

at the site of, or being otherwise

detrimentally affected by any incident

of workplace violence.

Post-trauma response program objectives

should match the program goals developed
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Chapter 6: Responding to Workplace Violence and Staff Victimization

by the agency, and more clearly delineate

the agency’s response to traumatic incidents.

The TDCJ Parole Division established seven

program objectives that can provide a model

for other correctional agencies, which are to

accomplish the following:

■ Provide an immediate, accessible, and

planned response to employees involved

in a trauma-related incident.

■ Establish a management initiative team

of employees readily available on a

daily/on-call basis for the purpose of

providing support to employees involved

in a serious or traumatic incident.

■ Establish a post-trauma response team

comprised of employees and volunteers

within a region who will be available to

respond, when called upon, to critical

incident situations, and who will offer

employees a means of dealing with the

multitude of feelings associated with

these situations.

■ Assist and facilitate an employee’s

access to community resources, as may

be needed, to enable return-to-duty at the

earliest possible date.

• Promote confidentiality and trust for

employees receiving support.

• Provide information to employees

that will assist them in assessing and

meeting their needs as it relates to

trauma-related incidents.

• Provide an opportunity for the

Post-Trauma Staff Support Program

Coordinator to meet with the Staff

Support Team Leader to discuss the

program and share information to

enhance the program’s effectiveness.

Defining a Traumatic Incident

The Texas Department of Criminal

Justice Parole Division, as stated in the

Post-Trauma Staff Support Program

Operations Manual (1996), offers a

comprehensive definition of a “traumatic

incident” that is worthy of consideration

and replication:

A traumatic incident is ‘an incident

that significantly affects one’s life,

perhaps causing feelings of total loss

of control, fear of loss of limb or life,

or fear of permanent change to one’s

integrity. A traumatic incident is

often unexpected, unpredictable, or

of sudden onset, and it may generate

severe panic. Such incidents include,

but are not limited to, the following:

physical assault; sexual assault; death

of a staff member, volunteer, close

work associate, or inmate/releasee;

psychological assault or death threat;

hostage or riot situation; natural

disaster or fire; exposure to a

potentially life-threatening disease;

or witnessing of a suicide or an

attempted suicide of a staff member,

volunteer, close work associate, or

inmate/releasee.’

Correctional agencies can use this

definition as a foundation upon which to

build their own detailed description of a

“traumatic incident” to which the agency

will respond with post-trauma response

and support.

Developing an Agency Policy to

Guide Post-Trauma Response

Little in corrections happens without a

detailed policy to guide it. Yet in 1996,

there were still a significant number of

correctional agencies that did not have

written policies concerning how to handle

critical incidents in which personnel

become either victims or witnesses,

including 78 percent of adult correctional

agencies, 71 percent of juvenile
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Chapter 6: Responding to Workplace Violence and Staff Victimization

correctional agencies, and 33 percent

of paroling authorities. A Prototype

Administrative Policy on Staff

Victimization that is designed to augment

an agency’s mission, goals, objectives,

and overall policies related to how it

responds to workplace violence is included

in Appendix F. In additional, detailed

policy guidelines and post-trauma protocol

from the California Department of

Corrections are also in Appendix F.

Developing an Agency

Post-Trauma Program Protocol

In addition to developing policies for

post-trauma response activities, community

corrections agencies should create a

protocol that clearly defines the following:

• When the program will be

implemented.

• Which staff will be involved in the

program, and who makes decisions

related to staff participation.

• Examples of specific incidents that

will result in the implementation of

any agency’s post-trauma response.

The California Department of Correction’s

protocol, found in Appendix F, offers a

promising practice worthy of consideration

and possible replication by other

correctional agencies.

Victim Reconstruction:

The Challenge for

Community Corrections

It is misleading to speak of a victim’s

“recovery” from a very traumatic event.

“Recovery” suggests that the wound is

gone, the patient is cured, everything is

back to normal. It is more helpful to think

of the process of getting better as one in

which the emotional roller-coaster stops

lurching so much, with lower high points,

and higher low points. Moreover, for

most, getting better means that victims

are constructing a new and different

equilibrium for themselves. They are

somewhat different people with a somewhat

different outlook, with a somewhat different

(and usually sadder) range of normal

emotional swings. That reconstruction

process can be very difficult and take a long

time — often much longer than the victim,

their loved ones, or the correctional agency

expects. It involves living through bad days

and good days and, for some, becoming

satisfied if they can count more good days

than bad at the end of the process.

Community corrections agencies, through

their policies, procedures, and staff training,

must recognize and allow ample time for

victimized employees to reconstruct their

lives in the aftermath of a crime, whether

it is committed on- or off-the-job. Some

examples of related issues are as follows:

■ The “tough” culture of community

corrections can pose barriers to staff

reporting incidents, as well as the

agency’s response.

■ Often, there is a tendency to get back

to “business as usual,” an approach

that can be difficult (or impossible)

for traumatized staff, including victims

of and witnesses to a critical incident.

■ The coworkers of the victimized staff

may resent having to “pull double duty”

or otherwise cover for that employee’s

absence, especially if his or her time off

from work is prolonged. Such feelings

must be validated and discussed.

■ Reconstruction takes time, so agencies

must adhere to policies that allow

for a reasonable amount of time for

this process.
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Chapter 6: Responding to Workplace Violence and Staff Victimization

Responses of Individuals

and Agencies

The attitudes of coworkers and

administrators affect the progress of

someone working on reconstructing his/her

emotional life after a trauma. The influence

of colleagues, for good or bad, is greater if

the trauma was job-related. Unfortunately,

high-risk professions, like corrections, tend

to have unwritten expectations of staff that

work against the victim.

A “Tough” Job

First, community corrections personnel

may tend to think of themselves as “tough”

— people who can face difficult situations

and survive. Stress is not a negative factor

in life — it is valued. Normal emotional

reactions to victimization are viewed as a

sign of weakness. Anger may be acceptable

as a response, but fears, tears, confusion, or

self-blame may be denied or suppressed.

Even anger must be controlled.

The Stigma of Victimization

As Dr. Morton Bard has repeatedly pointed

out in his lectures and writing, victims

are seen as “losers” in our society. The

criminal is the “winner” and the victim is

the “failure” in a fight the victim did not

pick. Victims are further stigmatized

because coworkers and others want to

distance themselves from the victimization.

The closer a colleague is to a victim, the

more vulnerable the colleague may feel.

By blaming or isolating the victim,

coworkers can continue to believe that

they won’t be victimized themselves.

Gender Bias

As a male-dominated profession, “toughness”

is a highly valued personal trait. For women

in community corrections who may feel they

“don’t fit” the traditional model of a probation

or parole officer, a victimization and ensuing

coworker perceptions of “weakness” may

be pronounced.

“Business as Usual”

There is an organizational imperative,

often driven by a lack of resources, to keep

staff working on the job. This fuels the

tendency to re-establish routines and to

conduct business as usual as quickly as

possible following a critical incident or

staff victimization. Some victimized

staff complain of having been asked to

immediately fill out incident reports, prior

to having their physical and/or emotional

trauma addressed. The frustration of having

to do everyday tasks by an individual who

has felt vulnerable, in danger, and perhaps

suffered an injury or property loss is often

overwhelming. Community corrections

agencies can help victimized employees

by providing “emotional first-aid” and

assigning another staff member to help the

victim complete the necessary paperwork

related to the critical incident. Ongoing

inservice training is also important.

Involvement in the

Criminal Justice System

The department’s internal disciplinary

system may give some sense of justice or

vindication to a victimized staff member.

If not, the staff member at least has a

chance to voice his or her displeasure.

This is less true if the case deserves

prosecution, in the staff member’s eyes,

and little or nothing happens.

In many jurisdictions, the criminal justice

system is still unresponsive to victims’

issues, most particularly the emotional

costs of crime that victims must endure.

Many of the new “victims’ rights” seek to

answer the victim’s emotional needs even

more than they seek to influence decisions.

Thus, the right to be consulted over a

charging decision, or to sit in the courtroom

during a trial, or to file a victim impact

statement may help victims feel they had

some control, that they got their stories told,

even if the results were the same as if the

victim had been denied all these rights.
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Chapter 6: Responding to Workplace Violence and Staff Victimization

Unfortunately, victimized community

corrections officers may not be afforded

even these protections. Assaults may

be dismissed as not worthy of further

investigations or prosecution. It may

be considered a waste of resources to

pursue prosecution against offenders

who already are serving sentences. Or,

internal investigation with administrative

hearings may be substituted for criminal

proceedings. In such cases, victims’

right to information, notification, and

participation in the criminal justice system

may not be required (or even allowed)

in administrative hearings.

Worker Culpability

In some instances, a community corrections

employee may have violated agency

policies or procedures — actions that, in

some way, could have contributed to a

critical incident. Community corrections

agencies must conduct investigations and,

in some cases, initiate disciplinary actions

against the employee. In addition, other

staff may rightfully resent that employee’s

error that makes them feel vulnerable.

Community corrections agencies can benefit

from policies that immediately address any

victim trauma the employee is going through,

prior to initiating any disciplinary actions.

Workers’ Compensation

and Victim Compensation

Workers’ compensation is sometimes

available for staff who are victimized

on-the-job, although 1996 survey data

indicated that there appears to be a lack

of knowledge as to the extent of such

coverage, as depicted in Figure 6-2

(Seymour, 1996b).

Figure 6-2: Workers Compensation Coverage

ADULT CORRECTIONS

Type of Fully Partially No Not Sure — Don’t

Coverage Covered Covered Coverage Know — Refused

Workers

Compensation 19% 33% — 47%

Victims

Compensation 14% 31% 11% 44%

JUVENILE CORRECTIONS

Type of Fully Partially No Not Sure — Don’t

Coverage Covered Covered Coverage Know — Refused

Workers

Compensation 45% 21% 3% 32%

Victims

Compensation 3% 45% 18% 34%

PAROLING AUTHORITIES

Workers’

Compensation 25% 13% — 63%

Victim

Compensation — 35% 13% 53%
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Chapter 6: Responding to Workplace Violence and Staff Victimization

The compensation application process

may be complicated, and the subsequent

decisionmaking process is not always

smooth. A Washington, D.C. teacher was

denied workers’ compensation a few years

ago after she had been raped in a school on

the grounds that rape was a danger that was

inherent to the job; it was a risk she assumed

when she took the job.

Moreover, some workers’ compensation

programs are not well schooled in the

emotional injuries victims suffer, and don’t

underwrite needed counseling or therapy.

In many departments, such services are

available only through an Employee

Assistance Program; many of these are only

now learning to add trauma counseling to

their bank of skills.

Community corrections agencies should

always assign the supervisor or a coworker

of the victimized staff to help that

individual through the process of applying

for workers’ compensation. This includes

completing forms; providing guidance on

the types of records that the employee will

need to maintain; and serving as staff

liaison, if the employee requests, to the

agency’s EAP.

While victim compensation is available in

virtually all States, it is a “resource of last

resort” for victims. Most compensation

programs exclude coverage to correctional

staff. Administrators may want to check

this out, especially if their employee benefit

package does not pay for stress-related

counseling that victim compensation

might cover.

Appropriate Treatment for

Victims and Survivors of

Workplace Violence/

Victimization

While this chapter contains a variety of

strategies and promising practices about

how to provide appropriate treatment for

victims and survivors of workplace violence

and critical incidents, agencies can lay a

strong foundation upon which strategies can

be implemented by clarifying employees’

rights when they are victimized. Just as

crime victims in all 50 States and at the

Federal level have a “victims’ bill of rights”

that guides how the criminal justice system

should treat them, and how their cases

will be handled, so should community

corrections agencies articulate similar

rights for the fair treatment of staff who are

victimized by violence in the line of duty.

Guidelines for Community

Corrections Employees Who

Are Victimized in the Line of Duty

The following guidelines, modeled after

“Victims’ Bills of Rights” adopted in most

States, provide community corrections

agencies with ideas for appropriate

treatment of community corrections staff

who are victimized in the line of duty*

and offers employees a “checklist” of

supportive services that can be provided

by the agency:

 “As a victim of a serious crime committed

while you were performing your duties,

you will:

■ Be treated with dignity and respect by the

Department and all of its employees.

■ Be provided with direct assistance and

support from the Department’s Office of

Victim Services for both you, your family

and coworkers.

■ Be informed in writing of your rights,

stated here, by Department management

within 48 hours following the critical

incident.

■ Receive timely information about the

status of the administrative and/or

criminal proceedings related to the

critical incident.

* The rights in criminal proceedings must be defined

by individual correctional agencies in accordance

with State (or Federal) law.
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Chapter 6: Responding to Workplace Violence and Staff Victimization

■ Receive timely disposition of your case,

including administrative or disciplinary

actions involving the offender.

■ Be allowed to be present, upon request,

at any administrative proceedings related

to the critical incident, or to have a

representative of your choice present at

such proceedings; and to be present at

any criminal proceedings related to the

critical incident, pursuant to State law,

with time away from work to attend

proceedings provided by the agency.

■ Have the opportunity to submit a victim

impact statement — either written, oral,

audio taped or videotaped — prior to the

administrative disposition of the case,

and to have a record of your victim

impact statement maintained in a case

file separate from the offender’s case file;

and to be afforded this right in the event

of a criminal prosecution, pursuant to

State law.

■ Be notified about the final disposition

of the case in a timely manner.

■ Be encouraged to enroll in the

Department’s Victim Notification Program,

regardless of whether your case is pursued

as an administrative or criminal matter, in

order to be kept informed of the offender’s

status and location, pursuant to State law

and agency policy, and to have your

notification request and related information

kept confidential from the offender.

■ Receive reasonable protection from the

accused.

■ Not be required to continue supervising

the accused.

■ Receive restitution from the offender,

either monetarily or as an appropriate

form of community service within the

corrections community, based upon a

recommendation from you.

■ Receive workers’compensation and/or

victims’ compensation, and to receive

assistance with completing the applications

and other associated requirements.

■ Receive a timely referral to the agency’s

Employee Assistance Program.**

■ Receive mental health counseling, upon

request, for both you and members of

your immediate family from a competent

professional who is qualified in

providing crisis intervention, sensitive

trauma response, and ongoing therapy

or counseling, as appropriate.

■ Receive information about and a referral

to supportive victim services and

assistance in your community.”

**Where applicable.

Developing a Brochure for

Community Corrections Staff

The California Department of Corrections

wanted to ensure that all of its employees

were aware of the programs and services

the agency offers to staff who are victimized

in the line of duty. The Department’s

Victim Services and Restitution Branch

developed a comprehensive 10-page

brochure that describes in detail how the

agency responds to workplace violence.

The brochure, a truly promising practice

for correctional agencies, includes the

following information:

■ Employee rights as a victim and related

service available, both within the

Department and externally.

■ Overview of the Department’s Employee

Post-Trauma Program (EPTP).

■ Resources available from the Employee

Assistance Program.

■ Information about and a toll-free number

to contact the State Board of Control

(Victims of Crime Compensation) Board.

■ Information about workers’ compensation

and the agency’s return-to-work policies.
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Chapter 6: Responding to Workplace Violence and Staff Victimization

■ Overview of the “catastrophic time bank,”

through which agency employees can

donate their vacation days, annual leave,

etc. to a fellow employee who is injured

in a catastrophic incident.

■ Contact information for internal and

community-based services to assist

victimized staff.

Single copies of Helping Staff Victims

are available free by writing to California

Department of Corrections, Victim Services

and Restitution Branch, P.O. Box 942883,

Sacramento, CA 95283-0001.

Confidentiality

One of the most significant barriers to

community corrections employees seeking

mental health assistance in the aftermath

of a critical incident is the fear of others

finding out. In corrections, where mental

health consultation could be viewed as a

sign of weakness or vulnerability, it is

essential to provide victimized employees

with protection of their privacy through both

a written policy and training programs such

as the following:

■ Written information about confidentiality

issues in the aftermath of a workplace

violent incident will be incorporated

into orientation training for all agency

personnel. Any revisions in confidentiality

provisions will be presented as part of the

agency’s continuing education program

for all employees.

■ If a community corrections employee

seeks mental health assistance or a

referral from the agency’s EAP, the

employee will be offered the opportunity

to consult with an EAP representative at

a site that is away from the agency.

■ Any employee who voluntarily seeks

mental health supportive services in the

aftermath of a workplace violent incident

will be guaranteed complete confidentiality,

both for the request for assistance, as well

as for any ensuing activities related to

treatment, unless there is a duty to warn

a third party.

■ All records of mental health treatment,

provided either internally or by a qualified

professional outside of the agency, will

be privileged, except information given

to a mental health professional that

constitutes the admission of a crime in

violation of the laws (of the State).

■ Records of any mental health consultations

sought by a community corrections

employee who is victimized shall not be

sought or admissible in any disciplinary

hearings related to the critical incident.

■ For record keeping purposes, information

about requests for mental health

assistance and/or referrals will contain

the following information without

divulging the name of the employee

seeking assistance: descriptive summary

of the nature of the critical incident that

preceded the request for assistance;

number and type of contacts relevant to

an employee; and types of assistance and/

or referral(s) provided to the employee.

■ Community corrections agencies should

also research any State laws relevant to

client–counselor confidentiality, both for

employee interactions with the agency’s

EAP, as well as with outside referrals.

Utilizing Victim Services

in the Community

Community corrections agencies should

be supportive of services for victims “off

the job” and using those services when

victimized employees need short- and/or

long-term support and assistance.

While probation and parole agencies may

provide in-house crisis intervention and

crisis response teams, it is also appropriate

to provide support for employees who are

victimized in their area. Agencies should do

the following:

■ Inventory existing services: The program

database of either the National Center

for Victims of Crime (NCVC) or the
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Chapter 6: Responding to Workplace Violence and Staff Victimization

National Organization for Victim

Assistance (NOVA) can be used to

identify local resources, but such

programs should be examined more

closely to determine types of victims

served, eligibility requirements, and any

other distinguishing features that may

either enhance or limit service.

■ Establish a Victim Advisory Council

which, among many duties, can serve as

the liaison to community-based victim

service providers.

■ Develop agreements for referrals so that

employees can be served quickly and

effectively when necessary.

■ Develop supplementary programs within

the corrections arena to assist victims

of crime with information and referral,

counseling, and advocacy where services

do not exist.

■ Promote the expansion of victim services

to serve all types of crime victims in the

community.

■ Refer victimized employees to programs

on an as-needed basis.

The agencies can develop a close working

relationship with the staff of local victim

services programs by doing the following:

■ Develop a policy statement that states

why “outside” victim services are

important to augment the agency’s

internal programs for assisting

victimized staff.

■ Invite outside crisis counselors to help

plan the inhouse program, train the

agency’s volunteer crisis intervenors,

and serve as an ongoing resource.

■ Invite outside counselors to do staff

trainings (and mini-trainings) on the

normal reactions to abnormal events.

This may help staff better cope with the

frightening events they experience as part

of their daily job, and add to a supportive

environment when very traumatic things

happen to staff members.

■ Explore with them the idea of a

regional crisis response team. More and

more victim service and mental health

professionals are creating such voluntary,

interagency teams, for a number of

practical reasons: while no one agency

is likely to use such a team very often,

if all community agencies use it for

every multi-victim crisis, the team

will get experience and acceptance;

also, it helps to pool all the available,

skilled crisis intervenors into a key,

community resource.

■ Although the local correctional facility or

work site may never need such a team, if

it ever does, the scale of the disaster may

be very broad. Thus, it makes sense for

the agency to contribute staff to the team,

and make the staff available for any

community crisis.

Other Sources of Basic Support

for Victimized Staff

Agencies should provide basic

employment-related support. Agencies

should make sure that mental health

counseling is a part of the employees’

benefit package and that such counseling is

available for all crime victims. Agencies

should also allow an appropriate number of

days off following victimization and time

off to participate in the criminal justice

system to the full extent of the victim’s

rights and duties. Management should

show support by providing inhouse crisis

intervention programs by making referrals

to local victim service providers and

other programs that support victim rights

and services. Also, agencies can sponsor

training programs about victims’ issues

for correctional employees on a regular

basis, as part of both orientation and

continuing education.
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Chapter 6: Responding to Workplace Violence and Staff Victimization

Providing Appropriate Mental

Health Referrals and Assistance

For victims of crime, there are numerous

barriers that sometimes prevent them from

seeking and receiving appropriate mental

health treatment. Dr. Dean Kilpatrick,

Director of the National Crime Victims

Research and Treatment Center at the

Medical University of South Carolina,

has identified lack of knowledge and

lack of resources as the two most

significant barriers:

Lack of Knowledge

■ About the long-term mental health impact

of crime.

■ That effective mental health treatment

exists for many crime-related mental

health problems.

■ About how to find mental health

professionals with specialized expertise

in treating crime victims.

■ That workers’ compensation and victims’

compensation will cover certain types of

mental health treatment.

■ About how to determine whether claims

to compensation for mental health

treatment are appropriate.

Lack of Resources

■ All levels of the criminal justice system

lack sufficient resources to provide

adequate levels of services to all crime

victims.

■ Victims lack access to mental health

services due to the following reasons:

• Insurance coverage generally

discriminates against those with

mental health treatment needs.

• The public mental health treatment

sector is under considerable pressure to

provide treatment to the chronically

mentally ill, and has few resources to

devote to the treatment of crime

victims.

• The private mental health sector has

virtually abandoned treatment of

patients without money.

■ There are insufficient numbers of

mental health professionals with

specialized expertise in the treatment

of crime victims. (NOTE: This is

particularly true relevant to treatment

for correctional employees who are

victimized on-the-job.)

Should Post-Victimization Incident

Review/Treatment Be Mandatory?

This is perhaps one of the most challenging

questions facing community corrections

administrators today. Some staff could

have very good personal reasons for not

wanting to receive mental health assistance.

In addition, the issue of choice is very

significant. When dealing with victims,

who do not choose to be victimized,

giving them choices in the aftermath of

a crime forms the very foundation of

crisis intervention and victim assistance.

Providing victims with choices gives them

control over decisionmaking, and helps

them in the efforts to reconstruct their

post-victimization lives.

However, in light of the many barriers

that preclude community corrections staff

from receiving appropriate mental health

assistance, it is the recommendation of

Promising Practices and Strategies that

staff who are victimized on-the-job be

mandated to attend at least one incident

review session. Such an agency policy

would eliminate the “taint of weakness”

that is often a perception of peers. It would

also offer victims an opportunity to receive

support that they may need and appreciate,

and allow them to make an educated choice

as to whether or not to continue receiving

mental health supportive services.
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Chapter 6: Responding to Workplace Violence and Staff Victimization

Employee Assistance Program

Referrals for Victimized Staff

Many employee assistance programs

maintain rosters of competent mental health

professionals who provide a variety of

services, including counseling for alcohol

and other drug abuse, occupational stress,

and family dysfunctions. However, the

needs of individuals who are victimized are

unique, and require the services of mental

health professionals who have specialized

knowledge and training.

Furthermore, mental health professionals

to whom the agency refers victimized staff

should possess an understanding of the

corrections community. What is it like

in the workplace environment? What are

some of the special issues that should be

considered when dealing with probation

or parole officers who supervise high-risk

offenders? Are there considerations related

to the victimized staff member returning to

work which was “the scene of the crime?”

The California Department of Corrections

requires all mental health professionals who

provide services to victimized staff to

actually visit and tour an institution. This is

an excellent approach that can increase the

mental health professional’s understanding

of corrections, as well as related issues

that might affect their treatment of the

correctional employee.

As one correctional officer who was held

hostage in an Ohio institution noted,

“Corrections needs to provide resources

because there are not enough counselors in

the entire State that understand what goes

on in prison.”

The agency’s EAP should carefully

assess mental health professionals prior

to making referrals for any staff who are

victimized on-the-job. EAP staff should use

the type of information found in Figure 6-4

that describes types of mental health

professionals to ascertain the professional

credentials of any mental health

professionals to whom they refer staff

who have been victimized on-the-job.

The following 10 questions provide a basis

for determining the appropriateness of

mental health referrals, and also serve to

ensure that victimized staff receive

competent, appropriate care:

■ What are the provider’s professional

credentials?

■ Does the professional have any direct

experience in assisting victims of violent

crime, such as rape survivors, battered

women, assault victims, and/or victims

or surviving family members of DUI

crashes and homicides?

■ Is the professional trained in disorders

common to many survivors of crime

and critical incidents, such as

Posttraumatic Stress Disorder (PTSD),

Rape Trauma Syndrome, or Battered

Women’s Syndrome?

■ What are the professional’s credentials

relevant to continuing education training

on victim-related issues (a vitae can

provide this information)?

■ Has your State’s Crime Victim

Compensation Program reimbursed the

services of this professional in the past?

■ Does the professional actively participate

in any local, State or national victim

assistance or victim service coalitions?

■ Does the professional belong to or have

any affiliation with organizations that

specialize in mental health, trauma

response, or victimization?

■ What has been the experience of

correctional employees who have

received supportive services from this

professional in the past? Do you have

any official mechanism to obtain this

type of personal evaluation feedback?
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Chapter 6: Responding to Workplace Violence and Staff Victimization

■ Does the professional accept payment

from workers’ compensation and/or

victim compensation, and are services

rendered on a sliding fee scale?

■ Does the professional have a standardized

process for getting feedback from victim

clients regarding their satisfaction with

treatment?

Coordinating with Law

Enforcement and Prosecution

When Staff Are Victimized

All probation and parole agencies have

regular and longstanding relationships

with local (or State) law enforcement and

prosecution agencies. Sometimes the

relations are strained, as when the agencies

cannot get assaults committed against their

staff treated seriously. More often, the

relations are good, with the agency doing

some of its own screening, and the outsiders

respecting these judgments on how to

proceed. Whatever the circumstances of a

particular agency or faculty, the “victims’

Figure 6-3: Types of Mental Health Professionals

There are three major types of mental

health professionals:

1. Psychiatrists (M.D. degree) have

attended 4 years of medical school, have

completed 1 year of internship, and have

completed at least 2 years of residency.

2. Clinical psychologists (Ph.D or Psy.D

degree) have completed at least 4 years

of graduate training, including supervised

assessment and treatment, along with a

1-year internship. They have usually had

at least 1 additional year of postdoctoral

training prior to being licensed.

3. Clinical social workers (M.S.W. degree)

have completed 2 years of graduate

training, including classes and field

work. Sometimes, additional years of

postgraduate training is required for

licensing.

Two other types of mental health

professionals include the following:

1. Marriage and family therapists must

have at least a master’s degree in a

behavioral science field and 2 years of

supervised clinical practice with couples

and families.

2. Clinical mental health counselors must

have a master’s degree, 2 years of

training (including internship), and

certification by the National Academy of

certified clinical mental health

counselors.

movement” is, in effect, encouraging a new

kind of compact among these three agencies

— one that puts the victimized staff member

in a more meaningful position. That

compact might have these characteristics:

■ The guidelines for supportive services

for community corrections employees

who are victimized on-the-job (described

earlier in this text) should be enforced in

all cases.

■ All staff members will be required to

report all incidents of threats and violence;

the policy will not necessarily mean an

increase in disciplinary or criminal

actions, but it will serve to track the level

of stress affecting employees so that

appropriate help can be given them.

■ Victimized employees will be fully

consulted on how the department will

proceed with the case. Guidelines will

help govern whether disciplinary or

criminal sanctions will be sought, and the

staff member’s views on this issue, and

on which charges to file, will be considered.
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Chapter 6: Responding to Workplace Violence and Staff Victimization

■ Law enforcement and prosecutorial

authorities will contribute to the

guideline-writing so that referrals for

investigation and prosecution will lead

to predictable results.

■ In both disciplinary and criminal

proceedings, employees will be given

all the rights accorded by State law to

“civilian” crime victims.

Death Notification

The ultimate violation of a community

corrections professional — murder —

requires a well-planned, sensitive, and

collaborative approach in the aftermath of

such tragedy. Coworkers may experience

severe psychological or physical reactions

to the violent death; increased vulnerability

is often a collective outcome. Not only

are individuals prone to overwhelming

distress but also entire agencies, such as

the correctional facility, work site, or other

agency offices, can experience collective

fear, anxiety, and anger as a result of the

murder of a fellow employee.

One of the first priorities of the community

corrections agency is to provide sensitive,

timely notification to the murdered

employee’s next-of-kin. While death

notification procedures are among the

most difficult and taxing duties an agency

ever faces, proper planning and careful

implementation of a sensitive approach

can help make this difficult task both

compassionate and efficient.

Immediate Issues

The facts of the murder must be determined

as quickly as possible, with these data

provided immediately to the agency’s

administration. The following data should

be noted:

■ Cause of death.

■ Time of death.

■ Status of the alleged murderer

(i.e., detained, detained with injuries,

deceased, or still-at-large, etc.).

■ Any witnesses.

■ Status of witnesses.

■ Any information relevant to the

investigation (both internal/administrative

and external/law enforcement).

■ Any information regarding the status of

the work site (i.e., office closed, etc.).

Agencies must designate personnel who

assume responsibility for death notification

to next-of-kin in the event of a murder of

a community corrections employee. In an

institution or jail, the watch commander

holds this responsibility while in a

probation/parole office, the office director

or supervisor is responsible. All agency

personnel must understand that it is the

aforementioned officers’ responsibility,

and theirs alone, for death notification.

Close friends or colleagues of the deceased

employee may think it would be helpful

for them to go directly to the next-of-kin.

While such support is appropriate, it must

only occur after an official notification

from the agency has occurred.

It is imperative that the agency has

complete and accurate information about

whom to contact in the event of a murder.

An Emergency Response Form included in

Appendix F provides the following data:

■ Both primary and secondary contacts

provided by the employee.

■ Addresses and telephone numbers where

they can be reached 24-hours-a-day,

7 days a week, at both home and office.

■ In work situations, the contact’s

immediate supervisor.

■ Medical information pertaining to the

primary and secondary contacts.
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■ Contact information for the primary

physician for both the primary and

secondary contacts that is updated

biannually.

Emergency response forms for all

employees should be updated biannually in

order to maintain the most current contact

information.

Rumor Control

Agencies must have “rumor control”

procedures in place to deter innuendo,

gossip or “second guessing” by any

personnel in the case of a critical incident

involving a violent death. The following

issues should be considered:

■ Sending a brief memorandum, via e-mail

or fax, to all work sites within the agency

that describes the basic facts of the

critical incident, to the degree they are

known and verified.

■ Developing a policy that clarifies the

process, procedures, and professionals

involved in death notifications from the

agency (this is particularly essential for

well-meaning colleagues or friends of the

deceased, whose initial reaction is to rush

to the home of next-of-kin).

■ Establishing policies that prevent any

employees from discussing the critical

incident/murder with the news media or

with surviving family members prior to

official notification.

■ Centralizing the agency’s response within

the Public Information Office.

Death Notification Procedures

Mothers Against Drunk Driving, the nation’s

largest victim advocacy organization, has

developed a comprehensive protocol for

death notification, Death Notification:

Breaking the Bad News with Concern for

the Professional and Compassion for the

Survivor. It was developed in 1996 with

support from the Office for Victims of

Crime. The complete curriculum for

death notification developed by MADD

is available free by calling the Office

for Victims of Crime Resource Center at

1–800–627–6872.

Some Considerations to Develop

a “Culture of Compassion”

The community corrections agency can

show continued compassion for surviving

family members through the following

responses:

■ The agency director or a high-level

representative should attend the funeral

of the murdered employee.

■ A representative of the agency’s

Employee Assistance Program should

contact the victim’s immediate survivors

within 7 days of the murder to offer

information, assistance, and referrals to

appropriate supportive services.

■ A staff member should be designated to

assist surviving family members with

workers’ compensation, death benefits,

victims’ compensation, and related

issues.

■ The agency should provide a direct

linkage (in person or via telephone,

and in writing) with a contact name,

address, and telephone number of a

victim advocate or justice professional

involved in the adjudication of the case

who can provide ongoing information to

the surviving victims.

■ Many agencies sponsor memorial efforts

(i.e., scholarship funds for the victim’s

children, memorial funds to a charity in

which the victim was involved, etc.),

which provide a fitting tribute to a

colleague killed in the line-of-duty.
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■ In Illinois, the front hallway of the

Department of Corrections is lined with

photo plaques of employees who have

been killed in the line of duty. This is a

most fitting and lasting tribute that can

be replicated in other agencies.

■ Perhaps most important, the agency

should develop a plan that ensures the

surviving victims will be provided with

continued support, not only at the crisis

stage, but in years to come:

• An agency representative should

contact the immediate surviving

victims at least once a month for the

year following the murder. It is

important to determine if they are

receiving appropriate support, are

being provided information about the

status of any criminal proceedings,

and are aware of the concern and

compassion from the agency.

• The agency director/administrator

and murdered employee’s immediate

supervisor should develop an

automated calendar that provides

“flags” of anniversaries of violent

deaths of correctional employees,

and send a personal note to surviving

family members. Correctional

employees who were close to the

victim should also be reminded

of the anniversary of his/her

death. Anniversaries of murders

are particularly painful for victims;

any acknowledgment from the

agency and personnel is appropriate

and can be very comforting to

survivors.

• Support groups and related activities

that involve other families of murdered

correctional employees, including an

annual national commemoration each

year in May, can provide comfort, as

well as an outlet for positive action

for survivors.

Media Coverage of Critical Incidents

Critical incidents involving community

corrections personnel are, without a doubt,

newsworthy. Violent assaults against staff,

and hostage taking incidents all constitute

“headline news” in the eyes of the media.

In violent incidents involving multiple

victims and/or offenders, propensity for

media interest heightens. Such cases

often, unfortunately, give rise to inaccurate

information “leaked” to the press. Some

such leaks are inaccurate; all can be

traumatic to the families and friends

of correctional personnel involved.

The first and foremost task of any

administration is to centralize the

dissemination of information to the news

media. Some agencies accomplish this

objective through a media specialist on

staff at the agency, while others work

through a Public Affairs Office.

In any of these cases, the key to

decreasing possibilities of misinformation

is to coordinate efforts in dealing with the

news media. Critical incidents require

media experts who are trained to deal

with crisis events; eliminating multiple

spokespersons will also help decrease

the chances of rumors, innuendo, and

inaccurate statements being released to

the news media.

Consideration of

Victims’ Families and Friends

Often, the news media will be alerted to

critical incidents before the agency can

notify the families and friends of the staff

victimized by assaults or hostage incidents.

The trauma of families and friends is

greatly increased by the first hearing of

critical incidents on television, on the

radio, or in the newspaper.

Therefore, the priority of the agency

administration should be prompt
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Chapter 6: Responding to Workplace Violence and Staff Victimization

notification of the victimized personnel’s

immediate family. Such prompt action will

reduce chances of inappropriate notification

of staff victimizations by the news media.

It will also allow the agency to inform

family members of protocols for dealing

with the media, and present the facts that

are known relevant to the critical incident.

Many victim service providers are

well-trained to help crime victims and

survivors deal with news media inquiries at

the crisis state of a crime. Often, victims’

families receive a measure of comfort when

they have someone willing to field media

inquiries and coordinate such inquiries with

the criminal justice or corrections agency

dealing with the crime. Administrators

should immediately access and utilize the

services of such victim service providers

during and after critical incidents involving

community corrections employees.

The National Center for Victims of Crime

has developed comprehensive guidelines

for crime victims to help them understand

and exercise their rights when dealing with

the news media. A summary of victims’

“rights” when dealing with the news media

is included in Appendix F and should be

made available to the families of community

corrections personnel when they are notified

of a critical incident involving a loved one.

A recommended policy for dealing with

the media during critical incidents of

staff victimizations also can be found in

Appendix F.

Recommended Policy for Dealing

with the Media During Critical

Incidents of Staff Victimizations

■ The agency shall stipulate clearly (and in

writing) the name of the personnel who

will coordinate media relations during

critical incidents such as follows:

• Agency director.

• Public information officer at the

institution.

• Public affairs director of the agency.

• Any combination of the above.

■ Personnel assigned to media relations

during critical incidents shall have a

plan-of-action prepared in writing prior

to such incidents. The plan shall include

the following:

• Name of agency/institution

spokesperson during critical incidents.

• Contact information for the

spokesperson (including address,

telephone number, fax number, and

e-mail address).

■ A 24-hour “media hotline” will be

available to journalists to receive

up-to-date, accurate information about

the critical incident.

■ A pre-established number of daily press

briefings will be determined, including

the following information:

• When the briefing will be held (hourly,

three times a day, etc.).

• Where the briefing will be held.

• A list of accommodations the media

may require, including electrical

outlets, telephones, modems, fax

machines, etc.

• Guidelines for the media’s access to

any special accommodations they may

require.

■ A “contingency plan” will allow for

additional or more infrequent press

briefings, depending on the nature of the

critical incident.

■ All immediate family members of

correctional personnel involved in the

critical incidents will be notified of such

incidents prior to any publicity in the

news media.
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Chapter 6: Responding to Workplace Violence and Staff Victimization

■ In cases where news of critical incidents

“leaks out” prior to notification of

family members, the agency will

immediately notify families by telephone

(or preferably in person) of the details

known of the incident.

■ An information hotline for family

members of correctional personnel

involved in critical incidents will be

established to provide them with

accurate, up-to-date reports of the

incident.

■ An information hotline for family

members of all personnel employed

(and on shift) at the institution will be

established.

• Correctional personnel at each

institution will be advised of both

hotline numbers noted above for

reference, as needed.

• The information hotline for families

of all personnel employed at the

institution shall also serve as an

instrument for “rumor control.”

■ Depending on the nature and scope of the

critical incident, the agency shall prepare

written press releases and/or briefings

which detail key information related to

the incident.

■ Guidelines for media coverage shall

be made available to news media

representatives who arrive in person at

the institution at which the critical

incident is occurring. The following

questions should be considered:

• Will media be allowed in or near the

institution itself?

• If they are allowed, do any restrictions

apply?

• If no filming or photography is

allowed, will the agency provide

photographs or film footage of the

critical incident?

• Will the names, addresses, and

telephone numbers of family members

of personnel involved in critical

incidents be withheld from the news

media?

The agency shall establish a policy relevant

to inmates’ requests for media coverage of

the critical incident, i.e., publicity airing

demands in hostage incidents or hostages,

initiating press conferences to “bargain”

with correctional or criminal justice

officials, etc. This agency policy regarding

publicity of inmates’ demands shall be

clearly stated on a regular basis to both

inmates and correctional personnel.

Conclusion

A 14-year veteran probation officer was

victimized off-the-job by an assailant who

placed a brick on the gas pedal of a van

loaded with hazardous materials and sent

the vehicle roaring through her living room

when she, her husband, and child were at

home. She shared her personal experiences

with the Promising Practices project, and

she was asked how correctional agencies

should respond to their employees being

victimized, whether or not it is on- or offthe-job. Her response follows:
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Chapter 6: Responding to Workplace Violence and Staff Victimization

Whether or not it is work related is

really not important. They must

understand that when someone becomes

a victim, their views on crime and all

criminals change, as does their view

of the criminal justice system.

When choosing a trauma team, put

great emphasis on who is on it. Ours

 is comprised mainly of appointed

supervisors. Why not let staff have input

into this? We know whom we trust and

whom we are comfortable talking with.

Even better would be professionals

outside of the agency, and providing us

with a list so we can choose who we use.

The trauma team needs to be easily

accessed; everyone should have the

phone number and be able to place a

call to send out a team. No member of

management should be able to refuse an

incident report. I was more apt to talk

to my coworkers than management

about my feelings. Yet my coworkers

saw a need for me to seek counseling,

but were unable to point me in the right

direction. Don’t assume once an arrest

is made that the employee needs no

further counseling.

I may know the justice system from a

probation officer’s view but not as a

victim. Help the victim with the court

system. Don’t say “if there is anything

I can do, call.” They won’t! Call them

just to see how it’s going.

I heard too many times in the past

6 months, “You’re strong; you’ll

make it.” Don’t assume this. The

strongest person becomes weak when

traumatized. If they have a strong face,

assume they have a good poker face

and err on their side.

To do nothing so as to not incur any

liability incurs the biggest liability

ever. The first time that (victimized

employees) return to their “normal”

job duties, go with them — this

enhances their safety. When you know

your officers have been traumatized,

don’t expect them to act rationally.

Don’t tell me “you understand my

reality” because you don’t. My

reality is someone almost killed my

6-year-old. . ..
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Chapter 7: Staff Training

victims of crime, it is critical that they

have an understanding of the needs, rights,

and legal interests of crime victims. The

following are key elements that should be

considered when developing a training

curriculum for probation and parole staff:

■ All staff should receive mandatory

training on victim services and related

issues as part of their preservice training.

Inservice training opportunities also

should be made available. When possible,

agencies should incorporate innovative

formats and methods (e.g., distance

learning) for training delivery.

■ Probation and parole agencies should

have victim services training curricula

that addresses topics such as victim

sensitivity, major needs of crime victims,

victims’ rights legislation, services

available for victims in the community,

and services provided to victims within

the agency.

■ Victim and victim service providers

should be used as facilitators and trainers.

Training Formats

Internal On-Site Training

Internal training on victim-related issues

should be incorporated into annual agency

planning for staff development. Training

formats include the following:

■ Orientation training for new staff.

■ Continuing education for existing staff.

■ Cross-training among community

corrections, allied justice agencies, and

victim service organizations.

Depending upon the amount of time the

agency makes available for these types of

training, training curricula should be geared

to be adaptable for a 2-hour overview of

agency policies, procedures, and services

Chapter 7

Staff Training

Introduction

Two of the most essential components

of community corrections-based victim

service programs are staff training and

development. Due to the traditional

offender-directed nature of probation and

parole, there has been limited emphasis on

victim-related education as components of

college/university education, orientation

training, or continuing education.

Opportunities for staff training on victim

services and related issues prove beneficial

to the staff, agency, and persons with

whom the agency interacts.

When provided with practical victim

services training, probation and parole

staff are able to begin to understand a

significant clientele of probation and

parole agencies crime victims. Practical

information on victim issues helps to

improve staffs’ work skills and contributes

to their professional career development.

Many of the skills and knowledge gained

from victim-related training — including

sensitivity typologies, policy analysis, and

interpretation and enforcement of the law

— are applicable to other job elements

beyond victims’ rights and services.

This chapter includes a description of

various training formats that can be used to

educate staff on victim services and related

issues, a discussion of training priorities,

and identification of topics to include on

victims’ services in a training curricula for

probation and parole officers.

Key Elements for Developing

Staff Training on Victim Services

For community corrections professionals

to be able to provide effective services to
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Chapter 7: Staff Training

relevant to victims of crime. Also, 8-hour

training that incorporates the above,

along with a general overview of victims’

rights and how to interact with victims

(as described in the “Internal Needs

Assessment” section of this chapter) should

be included. The agency should also design

specialized training to address a specific

type of victim population (such as domestic

violence or stalking victims); specific

victim issues related to enforcement of

laws (such as restitution or protection); and

agency-sponsored victim-related programs

(such as victim impact panels or mediation).

Annual training conducted during National

Crime Victims’ Rights Week in April, often

in conjunction with local and/or State victim

service agencies also maintains victim

awareness among staff.

Professional Association Training

Many community corrections professionals

belong to local and State professional

associations that conduct annual training

conferences. With victim services

gaining credibility as a core program

in many probation and parole agencies,

professional associations should consider

sponsoring workshops or training tracks

on victim-related issues.

In 1996, the Pennsylvania Association on

Probation, Parole and Corrections (PAPPC)

took this concept one step further and

devoted its entire State-level training agenda

to “Incorporating Victim Services into

Probation, Parole, and Corrections” for its

75th Annual Training Institute. Over 400

community and institutional corrections

professionals, crime victims, and service

providers joined forces for 3 days to

promote mutual understanding and address

how to better serve victims of crime in

Pennsylvania. Topics included the

following:

■ A victim impact panel to promote

“understanding of the victim experience

as the first step to developing policies and

designing programs which are responsive

to the needs of victims.”

■ An overview of rights and services for

crime victims in Pennsylvania.

■ Staff victimization: probation, parole,

and corrections officers as victims.

■ Restorative justice.

■ Impact of crime classes for inmates and

juvenile offenders.

■ Technological services in probation

and parole.

In addition, enforcement of new victimrelated laws and the needs of specific types

of crime victims were addressed.

Training-for-Trainers

The concept of “training-for-trainers” is

designed to maximize limited human and

programmatic resources to reach the widest

audience possible. In developing a new

program, training activity, or technical

assistance, probation and parole agencies

can, with substantial time and costs,

duplicate training and program materials

and conduct numerous conferences or

other forums to disseminate important

information. The most cost- and timeeffective approach, however, is to develop

“training-for-trainers” packages in which

a core group of probation and parole

professionals, including training personnel,

receives intensive training on not only the

subject materials, but also cutting-edge

training techniques.

A “training-for-trainers” package would

include the following:

■ A comprehensive curriculum with

annotations, references, and information

accessing additional resources to

augment the curriculum.

■ Ideas for “icebreakers” to commence

each training-for-trainers session.
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Chapter 7: Staff Training

■ Suggested learning activities.

■ Overhead transparencies that correspond

with the curriculum and that are

accompanied by specific page references

and speakers’ notes for the trainers.

■ Detailed guidelines, experiential

exercises on training techniques (i.e.,

how adults learn, group-work, use of

audio/visual aids such as overhead

transparencies, Power Point

presentations, videotapes, flip charts,

etc.), and how to make “dry” subject

matters more interesting.

■ Modular training segments the following:

• Section goals and learning objectives

• Section overviews.

• Self-tests (either pre-tests, post-tests,

or a combination of both).

• Guidelines for trainees to “train back”

in 10–15 minute segments to their

peers.

■ Guidelines for maximizing training

outreach activities (i.e., conducting

training programs or additional

“trainings-for-trainers” via satellite

at college campuses or correctional

agencies, tying into existing training

conferences with training sessions

within, or adjoining to such

conferences, etc.).

■ Standardized national resources that are

applicable to all four training-for-trainers

sessions:

• National toll-free information and

referral numbers for victim assistance

and criminal justice.

• Information on the OVC Training

and Technical Assistance Center.

• Information on the OVC Resource

Center.

• NCJRS registration form and a list of

relevant resources available free with

NCJ order numbers.

• Resources available electronically

from the U.S. Department of Justice

(i.e., Web sites, search engines,

gophers, etc.).

■ A comprehensive evaluation format and

strategy, including immediate on-site

evaluations of the “training-for-trainers”

program, as well as a 90-day or 180-day

follow-up evaluation to determine if

and how the program and resources

were utilized.

Distance Learning

Technological advances have greatly

increased opportunities to reach larger

numbers of students without the usual

expenses associated with travel and

accommodations. Distance learning,

which includes compressed video, video

teleconferencing, and satellite hookups,

accommodates students and lecturers at

different geographical sites.

For example, the National Institute of

Corrections sponsored a national

teleconference on restorative justice in

1996 that linked over 100 sites nationwide

together for 2 hours. A panel of expert

practitioners discussed the principles of

restorative justice with questions from

remote sites made possible through satellite

linkages. Similarly, in 1996, the National

Victim Assistance Academy sponsored by

the Victim Assistance Legal Organization

(VALOR) and the Office for Victims

of Crime (OVC) linked 120 students,

including probation and parole professionals,

together at three university sites for 1 week,

incorporating 16 hours of compressed

video within the 48-hour training program.

In 1997 and 1998, VALOR and OVC

linked four university sites together for

the Academy. As of 1998, approximately
700 participants have attended the Academy,

including participants from all U.S. States,

one American Territory, and three

foreign countries.

In Georgia, the Department of Corrections

(DOC) utilizes satellite training for continuing

staff development. In 1997, in partnership

with the National Center for Victims of

Crime and Office for Victims of Crime, the

DOC conducted a satellite training-for-trainers

on responding to staff victimization and

critical incidents.

Many departments of corrections and

universities possess distance learning

technology that can be accessed cost

effectively. Probation and parole agencies

should determine existing technology in

their regions, and utilize it for internal and

cross-training purposes.

Getting Started:

Determining Training Priorities

What do the agency and personnel hope to

achieve through victim-oriented training for

staff? The answer to this crucial question

comprises a vision or mission statement for

the training program. An example of a

vision/mission statement may be found in

Figure 7-1.

Establishing Training Goals

Every training program should establish

goals that clarify the training vision. By

addressing the following seven issues,

agencies can develop goals to guide training

program development and implementation:

■ Time frame for training.

■ Types of training (i.e., orientation,

continuing education, cross-training,

on-site, association training, distance

learning, interactive computer

training, etc.)

■ Identification of those to be trained.

■ Identification of those who will

participate as trainers.

■ The training topics to be addressed.

■ As a result of the training, what

improvements agencies and personnel

expect to see or implement.

■ How training will be evaluated.

Goals also should focus on how the training

will translate to improved programs and

services for victims of crime. The Texas

Department of Criminal Justice (TDCJ),

which incorporates divisions responsible for

community justice assistance, institutions,

Figure 7-1: Sample Vision/Mission Statement

(Agency) will provide orientation and

continuing education for our staff on

victim-related issues including victim

sensitivity, victims’ rights and needs,

and our roles and responsibilities in

enforcing those rights. Our scope and

quality of victim services will improve

with an increased understanding of

victims’ rights and needs, as will

our staff’s professional development.

Crime victims, offenders, our agency,

and our community all benefit

from victim-related training within

our agency.

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Chapter 7: Staff Training
State jails, and parole, established 10

program goals that can be obtained through

comprehensive training. These goals are

as follows:

1. Ensure that victims are treated with

respect and dignity by all TDJC

personnel.

2. Ensure that victims are provided

with accurate information in the

most expedient manner possible.

3. Ensure victims are aware of their

rights in the criminal justice process

regarding notification and parole

protest procedures.

4. Ensure that TDJC personnel are

trained in victim sensitivity issues.

5. Develop and assist a statewide

professional victim liaison network

in each Community Supervision and

Corrections Department, District

Parole Offices, and Institutional

Division prison units.

6. Create a Crime Stoppers program

“behind the walls” of the Texas

Department of Criminal Justice

Institutional Division facilities.

7. Provide victims of violent crime the

opportunity to have a structured, faceto-face meeting with their offender(s)

in a secure, safe environment, in order

to facilitate a healing recovery process.

8. Develop a staff victimization and crisis

response program for the TDCJ.

9. Provide for the creation of a library for

victims, victim advocates, and TDJC

staff on a statewide-access basis.

10. Provide opportunities for the greatest

possible access and use of volunteers

within TDCJ Victim Services.

When a mission and goals have been

established for a victim-related training

program, the next step is to conduct a needs

assessment. The determination of training

needs can be accomplished with input from

a variety of sources including management

staff, line staff, allied victim service

providers, and crime victims who have

accessed services from the agency.

Internal Needs Assessment

An internal needs assessment can be

conducted either in writing or by a focus

group-type meeting of key personnel. In

either case, a “menu” of possible training

topics should be offered, with assessment

participants ranking the importance of each

topic and offering additional topics that

they believe are important. For example,

when the District of Columbia developed

new policies for parole notification and

input, the D.C. Parole Board sought

training on victim issues for 150 parole

and corrections staff. An initial meeting

was held with eight agency managers,

including the training director, who

met with the victim advocate trainer.

During these meetings, they accomplished

the following:

■ Reviewed new agency policies and

procedures.

■ Discussed the types of victims most

frequently served by parole and

corrections.

■ Discussed how parole and corrections

personnel most interacted with victims

(i.e., over the telephone and at

institutions and parole hearings).

■ Agreed upon the importance of

“training-for-trainers” so that victimrelated training could be incorporated

into ongoing staff development efforts.

A 6-hour basic training program was

developed to meet the District’s special

needs and included review of agency

policies relevant to victims and related staff

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Chapter 7: Staff Training
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Chapter 7: Staff Training

responsibilities; an overview of the victims’

rights discipline; agency response to staff

victimization and critical incidents;

overview of the rights and needs of victims

of domestic violence, sexual assault, elder

abuse, gang-related crimes, and child abuse;

the major needs of victims in the postsentencing phases of their cases; effective

communication skills, in writing, in person,

and over the telephone; and victim

information and referral. In addition, the

Chief of the Victim/Witness Unit of the U.S.

Attorney’s Office in D.C. concluded each

training day with a 1-hour overview of local

programs and services.

External Needs Assessment

Victims and service providers are very

knowledgeable about the strengths and

weaknesses of community corrections’

services to victims. It is crucial to gain

input from these agency stakeholders about

what they perceive to be the most salient

training needs. An additional benefit is that

victims and advocates who participate in the

needs assessment also may be willing to

serve as trainers, and provide information

and resources to augment training efforts.

Another excellent tool to guide the

development of training topics is the

ongoing implementation of victims’

assessments of their interactions with the

agency and of the services they receive.

A one-page victim evaluation/assessment

form, provided randomly on an ongoing

basis, will help the agency identify areas

of weakness in service delivery. It will also

highlight agency strengths and identify victimsensitive personnel who can be utilized as

potential trainers.

Developing Training Resources

It is important for probation and parole

agencies to be aware of the many existing

resources that can augment their training

efforts. Don’t reinvent the wheel! There

are myriad comprehensive training curricula

on victim-related issues, many of which

were written specifically for probation and

parole. While these standardized curricula

require agencies to “personalize” the

content to be applicable to laws, agency

policies, and victims’ specific rights and

needs in each jurisdiction, they provide

an excellent foundation for any training

program.

At the national level, promising practices

in training for probation and parole are

available from the following sources:

■ American Probation and Parole

Association (APPA) has developed

curricula on enhancing victim services

within probation and parole, and

domestic violence geared specifically

toward community corrections.

■ Mothers Against Drunk Driving

(MADD) makes available a handbook

and videotape on how to implement

victim impact panels in court, probation,

parole and/or diversion settings.

■ National Center for Victims of Crime

(NCVC), whose 800-page curriculum

entitled Crime Victims and Corrections:

Implementing the Agenda for the 1990s

addresses topics such as correctionsbased victims’ rights and services,

victim–offender programs, and staff

victimization. The NVC also has

curricula on workplace violence, victim

impact statements, and other topics

relevant to probation and parole.

■ National Organization for Victim

Assistance (NOVA) has published

Responding to Communities in Crisis

and other curricula that address a wide

variety of victim issues.

■ Victim Assistance Legal Organization

(VALOR) has published a 700-page

training notebook that incorporates over
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Chapter 7: Staff Training

30 topics relevant to victims’ rights and

needs, and the criminal justice system’s

related responsibilities. The National

Victim Assistance Academy Curriculum

is designed for a comprehensive,

intensive 48-hour training program.

Federal resources to help develop victimrelated curricula include the following:

■ The Office for Victims of Crime

(OVC), within the U.S. Department

of Justice, has a Training and Technical

Assistance Center (TTAC) that provides

funding for trainers and training

resources on victim-related issues for

a variety of constituencies, including

probation and parole. A TTAC

application is included in Appendix G.

■ The OVC Resource Center maintains

databases and resources in both paper

and electronic formats on hundreds of

topics relevant to victims’ rights and

needs. A summary of OVCRC and

other Justice Department reference

service resources available by telephone,

electronically, and in paper format is

included in Appendix G.

■ The National Institute of Corrections

(NIC), within the U.S. Department of

Justice, Federal Bureau of Prisons,

provides training, technical assistance,

informational services, and policy/program

development assistance (which includes

information related to restorative justice,

community justice, and enhancement of

victim services) to Federal, State, and

local government agencies.

Examples of effective State and local

training resources include the following:

■ The Violence Against Women Law

Enforcement Training Program is in a

training-for-trainers format developed

by the Governor’s Justice Commission

in Rhode Island.

■ The Impact of Crime on Victims:

Teachers and Students Manuals were

developed by the California Youth

Authority to help youthful offenders

understand the impact their crimes

have on their victims, their families,

communities, and themselves.

■ The Tarrant County Community

Supervision and Corrections

Department’s Crime Victims Handbook,

which addresses a wide range of victims’

rights, resources, and services, and is

available in electronic format for easy

adaptation from APPA.

These comprise just a few examples

of existing resources available for

probation and parole agencies. A roster

of national victim service and allied justice

organizations is included in Appendix G

for additional information and resources.

Identifying Training Facilitators

Most communities have service providers

who assist different types of victims and

survivors, from property crimes to child

abuse and domestic violence, sexual assault

and elder abuse, DUI crimes and homicide.

Some States and local jurisdictions have

coalitions of victims, advocates, and allied

professionals. The best approach to obtain

knowledgeable trainers from the victims’

field is to become involved in State- and

community-based victim activities

including the following methods:

■ Serving as advisors to local victim

service agencies and providing their

representatives with the opportunity to

participate in an advisory capacity to

probation and parole agencies.

■ Joining State and local victim service

coalitions, for which training, including

cross-disciplinary training is often a

key activity.
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Chapter 7: Staff Training

■ Sponsoring victim–offender programs,

such as victim impact panels and “impact

of crime on victims” classes, which

provide an excellent source of victims

and service providers who can augment

staff training efforts.

Building a Resource Library

Staff training and development efforts can

be enhanced by the creation of an internal

agency library on victim-related issues,

which should be made available to staff on

an ongoing basis. Agencies such as the

Texas Department of Criminal Justice and

the Pennsylvania Board of Probation and

Parole maintain small libraries that include

the following:

■ Information on agency policies, protocols,

programs, and services for victims.

■ A wide variety of standardized victimrelated curricula.

■ The latest statistics and resources on

crime and victimization in America.

■ Contact information for national, State,

and local victim services, and State and

local victim services in probation and

parole.

■ Vitae and credentials of experts who can

serve as trainers in victim-related issues.

The latest national resources on crime

and victimization are available at no

charge from the National Criminal Justice

Reference Service (NCJRS) within the U.S.

Department of Justice. A roster of print

publications and ordering information,

along with an NCJRS registration form, are

included in Appendix G. Information also

is available on the World Wide Web.

Developing Training Curricula

The best approach to developing training

outlines and curricula is to think, plan, and

execute in “layers,” which means create

levels of training based upon time allotted,

existing level of staff knowledge, and

agency resources. The first level of training

described below should be considered

“basic training” applicable to all agencies

and personnel. Additional levels can be

added on when most appropriate, based

upon the results of the agency’s training

needs assessment, resources, and other

relevant factors. Once the parameters of

staff training have been determined, the

agency should develop training outlines

that include topics, learning goals and

objectives, time allotment, relevant

resources and curricula, and potential

trainers (e.g., internal staff and allied

professionals, such as victims, service

providers, judges).

Principles of Adult Learning

When developing training classes and

materials, consideration should be given

to basic principles of adult learning.

(For an example, see National Victim

Assistance Academy: Faculty Development

Training Guide, Victim Assistance Legal

Organization (n.d.), McLean, VA, p. 16.):

■ Adults want to know how training will

benefit them.

■ Adults understand new concepts much

faster if you can relate new information

to their past experiences.

■ Adults consistently rate training sessions

much higher if there are opportunities for

participation and interaction with other

members of the audience.

■ Adults want to be listened to and have

their opinions respected.

■ Adults should be encouraged to be

resources to training faculty and each

other.

■ Adults want to be treated like adults.
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Chapter 7: Staff Training

Level One Training

There are seven core components that

should comprise mandatory training for all

agency staff. These topics can be taught

in 2–6 hours, depending on the level of

detail desired and the time allotted. Core

components include the following:

■ History of victims’ rights and services in

America.

■ Overview of crime-related psychological

trauma:

• Fear and anxiety.

• Depression.

• Difficulty dealing with important

relationships.

• Shattering of precrime assumptions

(“just world theory”).

• Post-traumatic stress disorder.

■ Victimization Theory

• Stress theory (developmental, chronic,

and acute stressors).

• Classical conditioning.

• Second-order conditioning.

• The criminal justice system and victim

stress (with an emphasis on stressors

related to probation and parole).

■ Responding to probation/parole staff

victimization and critical incidents.

■ The major needs of victims when dealing

with probation and parole.

• Safety and security.

• Ventilation and validation.

• Prediction and preparation.

• Information and education.

■ How to effectively communicate with

victims.

■ Local, State, and national resources for

victim information and referral (a roster

of national toll-free information and

referral services for victims is included

in Appendix G).

Victim-Specific Training Segments

There are many types of victims with whom

probation/parole agencies and personnel

interact. One- to sixteen-hour training

modules can be developed that address

specific victim populations, including

victims and survivors of the following

offenses:

■ Property crimes (burglary, larceny, theft).

■ Child abuse and neglect.

■ Elder abuse and neglect.

■ Domestic violence.

■ Hate violence.

■ Sexual assault and rape.

■ Gang-related crimes.

■ Juvenile offenders.

■ Drunk and drugged driving.

■ Homicide and manslaughter.

Topics that should be included in all of the

aforementioned training modules include

the following:

■ An overview of statistics relevant to the

scope and nature of this type of crime

and victimization.

■ General victim typologies.

■ Reactions and experiences that are

specific to this type of victim.
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Chapter 7: Staff Training

■ Offender typologies.

■ Agency policies relevant to the

implementation of these victims’ rights.

■ Any agency programs and/or services

that assist these victims.

■ How to implement a multidisciplinary

approach among justice agencies,

victim service organizations, and allied

professional agencies to better serve

these victims.

■ Local, State, and national resources

available to provide information and

assistance.

Law and Policy-Related Training Segments

Today in America, there are almost 30,000

Federal and State statutes relevant to crime

victims’ rights and services. In addition, as

of November 1998, 32 States had a Statelevel constitutional amendment providing

for a range of participatory rights for victims

in the criminal, and in some States, juvenile

justice system(s). In both cases, many of

the rights pertain directly to community

corrections.

Training segments on victim-related law

and policies should focus on what the law

states; who is responsible for enforcement;

any relevant remedies for noncompliance;

interdisciplinary efforts to assure a

“seamless” enforcement of victims’ rights

across law enforcement, courts, community

corrections, and institutional corrections;

and practical application of relevant laws

and policies in the agency’s jurisdiction.

Relevant topics include the following:

■ Victim notification, including junctures

in probation and parole at which victims

have the right to notification (i.e., offender

status, bail release, parole hearings,

probation/parole revocation, etc.);

responsibility for notification; sample

notification processes, (i.e., letters,

forms, voice response, etc.); community

notification (i.e., “Megan’s Law” and sex

offender notification); and providing

appropriate information relevant to

notification (i.e., what the victim might

expect to happen, the process of parole

hearings, timelines for notification, etc.)

■ Victim participation, including

junctures in probation and parole

at which victims have the right to

participate (i.e., parole hearings,

revocation hearings, etc.) and how to

accommodate victim participation in a

timely, sensitive manner.

■ Victim impact statements (VIS),

including assessing victim impact; VIS

as part of presentence investigations;

methods of securing VIS, including

allocution, written, audio tape, videotape,

teleconferencing, and satellite audio/

video/telephone hookups; and sample

victim impact statements (for property

crimes, violent crimes, children, and

neighborhoods).

■ Restitution, including assessing

victim restitution needs through victim

impact statements and presentence

investigations; ordering, monitoring,

collecting, and disbursing restitution

payments; developing interagency

agreements to promote a seamless

enforcement of restitution collection and

disbursement; technology to automate

and enhance restitution enforcement;

and any relevant civil remedies available

to victims.

■ Protection, including policies and

protocols for victims to report and

receive protection from intimidation,

harassment, and/or harm; civil protection

and restraining orders; antistalking

statutes and related remedies for

victims; and technology to enhance
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Chapter 7: Staff Training

victim protection, including electronic

monitoring, automated voice response

victim notification of offender status,

and antistalking electronic units that

warn victims, law enforcement agencies,

and a central monitoring office when an

offender under an order of protection

comes within 500 feet of the victim’s

residence.

Training Program Evaluation

All training programs should be evaluated

to determine the effectiveness of the trainer

and resources, applicability to their personal

and professional development, and value

of training resources, including curricula

and audio/visual tools. Participants also

should be provided with the opportunity

to recommend topics for future training.

Conclusion

For agencies as a whole, well-trained staff

can increase the agency’s and officials’

compliance with victims’ rights as afforded

by Federal or State statutes, or constitutional

amendments. Orientation and continuing

education on victim-related issues also can

help the agency fulfill its obligations to key

stakeholders. In addition, increases in

employee satisfaction due to systematic

staff development and positive learning

experiences go a long way toward improving

agency morale, as well as overall operations.
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Chapter 7: Staff Training
131

Chapter 8: Community Relations and Outreach

Chapter 8

Community Relations

and Outreach

Introduction

Community relations and outreach

activities have the capacity not only to

educate victims, citizens, and various other

service providers, but to garner the public

support and assistance so desperately

needed by community corrections agencies

across the country. Victims should be

viewed by the profession as a main

constituent group or customers deserving

of services. An agency’s mission statement

should rank victim services as a high

priority. A work plan with measurable

objectives and specifically assigned

duties should map out the department’s

commitment to meeting the objectives.

This chapter provides an examination

of key elements to a comprehensive

community relations and outreach strategy.

Chapter 8 will include a discussion of the

following issues:

■ Various formal and informal strategies

for informing and educating victims and

the public about probation and parole

and its services.

■ Two probation and parole agencies that

have established advisory committees

on victim services and related issues.

■ The value of developing partnerships

with other agencies and advocating for

victims’ rights.

Key Elements for Community

Relations and Outreach Activities

Traditional public relations methods

involve using the media and developing

written materials to inform victims

and the public about the agency’s mission,

operations, and services. More innovative

public relations strategies involve

probation and parole personnel developing

partnerships and volunteering for

community projects and causes outside

the direct scope of community corrections.

Agencies must employ various strategies

to reach wide-ranging segments of

the community.

Key elements of a comprehensive

community relations and outreach strategy

include the following:

■ Informing and educating victims, victim

service providers, allied justice agencies,

and the general public about the probation

and parole process and services provided

to victims.

■ Establishing an advisory committee or

internal task force to seek ways to address

victim services and related issues within

the department.

■ Having an agency representative(s) serve

on victim service organizations’ advisory

committees.

■ Having membership in relevant city,

county, State, and national coalitions.

■ Forming partnerships for prevention.

■ Having an awareness of State laws

concerning victims and participating in

legislative advocacy for victims’ rights

and services.

Informing and Educating

Victims and the Public

Strategies probation and parole agencies

can use to inform and educate victims and

the public about the services they provide

include the following:
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Chapter 8: Community Relations and Outreach

■ Developing and distributing written

materials such as brochures, telephone

rolodex cards, fact sheets, and handbooks

describing departmental services.

■ Producing audio tapes, videotapes, and

slides for distribution and for use during

presentations.

■ Creating and distributing promotional

items such as posters, pencils, pens, pins,

bookmarks, buttons, and bumper stickers

that display the agency’s victim services

program contact information.

■ Using radio, television, and print media.

■ Organizing open houses and public

forums.

■ Making presentations and providing

training about departmental services.

■ Participating in National Crime Victims’

Rights Week activities during April

each year.

Written Materials

Written materials should be clear, concise,

and written at an appropriate reading level

so readers will easily understand the

message. Written materials also should be

available in different languages for those

who do not speak English. The California

Youth Authority includes a statement in

Spanish on the bottom of all forms and

materials so that if a victim needs a form

in Spanish, s/he can request it.

Agencies may find that organizations

such as private marketing companies and

marketing departments of local universities

are willing to donate their time and talent

in helping to develop a brochure or other

public relations materials. Also, if

approached, local printing companies

may be willing to donate the paper and

printing services needed to mass produce

the materials.

Creating an agency logo and slogan that

can be displayed on the department’s

outreach materials may serve to remind the

community of victims’ rights and services.

Private companies spend millions of dollars

developing logos and slogans because they

work in getting the message out.

Brochures

Many victims, citizens, and even victim

service providers don’t fully understand

correctional systems, how they work and

integrate with other justice agencies, the

differences between community and

institutional corrections, and the differences

between probation and parole. All victim

service programs should have a brochure

(see Appendix H for a sample brochure

from the Victim Services Program within

the California Department of Corrections)

that provides the following information:

■ Description of the agency.

■ Victims’ rights and services available

from the agency, and how they are

accessed, e.g., victim notification

enrollment requirements, upon request

only, by completing certain forms, etc.

■ How (or if) the agency interacts with

allied justice agencies.

■ The most common questions victims ask

about rights and services.

■ Confidentiality provisions (if applicable).

■ Contact information (address, telephone

number (toll-free, if applicable), fax,

e-mail address, and agency Web site

address).

■ Contact information for supporting

victim services at the State and

community level (e.g., victim

compensation, statewide coalitions).

When developing a brochure, information

that changes such as supervision guidelines,
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Chapter 8: Community Relations and Outreach

program staff names, and contact

information for county or regional

probation and parole offices can be listed

on a separate “brochure insert” or pocket

size card so the information can be updated

quickly with minimal cost. Brochures

should be developed in conjunction with

the agency’s communications or public

information office, and can be designed

to have a “family look.” In addition,

some States such as Kansas, Washington,

Pennsylvania, and South Carolina have

a brochure panel dedicated to victim

notification requests that are detachable

and can be mailed to the victim services

program for enrollment for this service.

Telephone Rolodex Card

A rolodex card that includes contact

information for the agency’s victim service

program, including address, telephone

number, and e-mail information, is an

excellent outreach tool for crime victims,

service providers, and allied professionals.

An example of a rolodex card from the

Ohio Department of Rehabilitation and

Correction is included in Appendix H.

Informational Bulletins and Fact Sheets

The Victims’ Service Program of the

California Department of Corrections

periodically issues informational bulletins

and memoranda to field staff and

community-based victim service providers

on issues concerning crime victims and

the California Department of Corrections.

The program also assists in the search for

missing children by distributing posters

and information to institutions and parole

offices throughout the State.

In South Carolina, the Department of

Juvenile Justice has created a series of

one-page fact sheets describing various

programs that are placed in a sleeve folder.

These materials are distributed at public

forums, criminal justice and victim service

conferences, civic and volunteer meetings,

and to targeted private organizations.

Handbooks for Crime Victims

The Tarrant County (Texas) Community

Supervision and Corrections Department

has created a Crime Victims Handbook.

This 34-page Handbook includes the

following information:

■ Important phone numbers for crime

victims.

■ General information on probation

services.

■ Explanations of standard and

supplemental conditions of probation.

■ Information on how restitution orders are

handled by the department.

■ Information on victim services provided

by the probation department.

■ Information for contacting the probation

department.

■ Sample conditions of probation.

■ A copy of the Texas Crime Victims’ Bill

of Rights.

The Handbook is easy to read and is written

in terms that can be understood by persons

unfamiliar with the criminal justice system.

Victims can refer to the Handbook for

information throughout the time their

perpetrator is on probation, thus reducing

the amount of time spent by the victim

services staff of the department answering

general questions.

The format used for this Handbook is

available in diskette and photocopied

formats through the American Probation

and Parole Association. Agencies can

follow the format provided and easily

adapt the general information to fit their

jurisdiction’s specific practices.
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Chapter 8: Community Relations and Outreach

Posters

Posters are a cost-effective and useful

public relations and marketing tool.

They can be displayed at various meetings,

conferences and special events, as well as

placed on community bulletin boards and

in public areas such as libraries, grocery

stores, gas stations, malls, shopping centers,

and local offices. Some national victim

service organizations (e.g., National Center

for Victims of Crime, National Organization

for Victim Assistance) have excellent

display-ready materials that are generic

enough to fit any agency’s needs.

Audio and Video Educational Tapes

and Slide Presentations

Audio tapes, videotapes, and slide

presentations can be excellent training

and educational tools. The California

Department of Corrections (CDC) Victim

Services Program has developed a “Helping

Crime Victims” brochure and videotape

to inform crime victims of their rights

concerning offenders who are under the

jurisdiction of CDC. Copies of the video

and brochures also are sent to communitybased victim service providers, institutions,

and parole regions.

In South Carolina, the Office for Victim

Services of the Department of Probation,

Parole and Pardon Services has used slide

presentations as a cost-effective way to

depict the program’s services. In addition

to pictures relevant to the program’s

services, graphs, charts, and bulleted

statements can be easily converted to slides

and incorporated into the presentation for

variety. The Office for Victim Services has

a script that goes along with the slides so

that any representative from the department

(e.g., line officer, administrator) can make

a presentation on the program’s services.

Promotional Items

Promotional items provided at conferences,

meetings, and special events are useful

marketing devices and serve as daily

reminders to recipients of the programmatic

efforts in which an agency is involved.

The California Department of Corrections

has created a comprehensive package of

pencils, pens, pins, buttons, rulers, and

bumper stickers that are distributed to

internal staff, related external service

providers, the general public, and victims

to promote victim services within the

department.

Television, Radio, and Print Media

Television, radio, and print media can

be excellent vehicles for reaching a

wide segment of the population. A

monthly or quarterly newsletter can

update staff, educate allied service

providers and interested profit and

non-profit organizations about the

department’s services and current issues.

It also can profile specific articles that

address victim services. Many probation

and parole departments’ victim service

divisions (e.g., Oklahoma Department

of Corrections, Pennsylvania Board of

Probation and Parole’s Office of the Victim

Advocate) have created special issue

newsletters that focus entirely on victim

services. Submitting articles and

information to be published in other

organizations’ publications (e.g., national,

State, and local newsletters, professional

association journals, and magazines) about

departmental services and promising

victim-related practices and programs of

the agency is another way to “spread the

word” about probation and parole-based

victim service programs.

The media tends to focus their attention on

negative aspects of community corrections.

Consequently, it is incumbent upon

probation and parole agencies to proactively

seek out the media to help promote and

educate the public about the positive things

community corrections does for victims and

the community. For example, press releases
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Chapter 8: Community Relations and Outreach

that describe services or new programs for

victims can be developed and mailed to all

radio, television, and print media sources

on a regular basis. Also, department staff

can offer to be on local radio and television

programs to tout the benefits of their victim

services program or prevention efforts in

the community.

Billboard advertisements are another visual

way to get the word out about probationand parole-based victim services. In South

Carolina, the Department of Corrections

has received Federal funding to create

billboards regarding crime prevention and

victim services.

Open Houses and Public Forums

When a new program or service is offered

that serves the interest of victims or the

general public it should be profiled. For

example, prior to a new prison accepting

inmates, the South Carolina Department of

Corrections sponsors a “spend the night in

prison” program to educate those interested

in learning what an inmate experiences in

prison. In addition, the South Carolina

Department of Probation, Parole, and

Pardon Services routinely holds “open

house events” for their Restitution Centers,

Community Control Centers, and

community service work sites.

The American Probation and Parole

Association’s Victims Issues Committee

periodically holds public hearings on

victim issues during its annual training

conferences. Victims are invited to come

and speak about their experiences with the

criminal justice system as a victim of crime.

These powerful events offer an opportunity

to sensitize criminal justice professionals

to the plight of victims and also provide

a chance for service providers, criminal

justice practitioners, victims, and legislators

to offer ideas and recommendations on how

victim services in community corrections

can be improved.

Recognizing that the holidays can be a

difficult time for crime victims, in 1996, the

Tarrant County Supervision and Corrections

Department (CSCD) in Texas held an

impromptu holiday reception for local

victims of crime. CSCD staff bought the

food for the reception, the police and fire

departments donated space for the party,

and local businesses donated party

decorations. Victims and staff from various

criminal justice agencies (e.g., probation,

juvenile corrections, State parole) attended

the informal gathering.

Presentations and

Training Opportunities

Educational information and training to

victims, victim service providers, criminal

justice professionals, and the general public

can be provided through many different types

of forums — both formal and informal.

One way to provide cross-training and

information to other professionals involved

in victim services within a community is to

establish a victim service provider training

network. Participants in the network should

include the following:

■ Law enforcement.

■ Prosecutors/court personnel.

■ Community and institutional corrections.

■ Private attorneys.

■ Juvenile justice system representatives.

■ Representatives from the faith

community.

■ Domestic violence, rape, and crisis

victim service staff.

■ Professionals who provide social service

assistance.

■ Medical and psychological professionals.

■ Educators.

■ News media.
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Chapter 8: Community Relations and Outreach

■ Volunteer professionals.

■ Substance abuse professionals.

■ Personal advocacy groups for offenders,

children, and victims.

■ Social and civic community organization

members.

■ State and local service providers (Beatty,

Frank, Lurigio, Paparozzi, Seymour, and

Macgargle, 1994).

Initially, the training network participants

can provide formal presentations about

their agency’s services to victims at the

network’s periodic meetings. Presentations

should allow time for questions and

discussion of the agency’s practices. Ideas

for enhancements and modifications of an

agency’s services also can be discussed

(Beatty et al., 1994).

The network does not have to limit itself

to formal meetings. Informal methods of

sustaining communication can include

telephone conference calls, luncheon

meetings, and networking during shared

social events (Beatty et al., 1994).

Cross-training is another effective way to

educate and provide information on victim

issues and services across agencies, as well

as promote coordination and collaboration.

In South Carolina, the victim services staff

in the Department of Probation, Parole, and

Pardon Services (DPPPS) provide training

to every new victim services employee

(i.e., paid staff and volunteers) hired by

the prosecutor’s Victim Advocacy Program

in designated jurisdictions. In return, the

DPPPS victim services paid volunteer staff

who received training by the prosecutor’s

victim advocate (Beatty et al., 1994).

In addition, on a local level, social clubs,

churches, corporations, and professional

groups are always looking for presenters

who have interesting ideas to share. All

public relations materials should provide

appropriate contact information and

indicate the agency’s ability to provide

speakers on relevant issues. Presentations

on victim services provided by the

department at State and national victim or

criminal justice organizations’ conferences

and training symposiums also offer an

avenue for disseminating information to

a wide audience.

Web Sites

Some departments, such as the Texas

Department of Criminal Justice (TDCJ)

and the Ohio Department of Rehabilitation

and Correction, have developed Web sites

on the Internet that inform victims of

services available through the agency.

TDCJ’s Web site (http://www.TDCJ.

Capnet.state.tx.us./victimse.html) provides

an overview of the services to crime victims

as well as descriptions of some of the

specialized services such as the crime

victim clearinghouse, victim offender

mediation/dialogue, victim impact panels,

and prison tours. The Web site also

includes the bill of rights for Texas crime

victims and contact information for State

and national victim organizations.

The Ohio Department of Rehabilitation

and Correction’s Web site (http://www.

drc.ohio.gov) has a victim services section

that provides background information on

the types of services available through its

Office for Victim Services as well as who

to contact at the Department for further

information. The Web site also offers

information on national victim service

organizations, State coalitions, State of

Ohio government agencies, and on-line

victim resources.
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Chapter 8: Community Relations and Outreach

National Crime Victims’ Rights Week

One of the most important recognition

events for crime victims is National Crime

Victims’ Rights Week (NCVRW), which is

held in April each year. NCVRW provides

an opportunity to reflect upon the rights and

needs of crime victims, to commemorate

the accomplishments of the victims’ rights

movement, and to reemphasize the need

to ensure justice for victims of crime.

Probation and parole agencies should be

actively involved in NCVRW by hosting

activities and providing a combination of

informational and community participation

events to increase public awareness and to

educate the community about the rights

and needs of crime victims. The Office

for Victims of Crime within the U.S.

Department of Justice develops resources,

such as standard posters and display

materials for use during the week. The

NCVRW Resource Guide is available

free to criminal justice agencies, and

departments can affix their agency’s name,

address, phone number, and other helpful

information to the materials.

Tarrant County (Texas) Community

Supervision and Corrections Department

In Texas, the Tarrant County Texas

Community Supervision and Corrections

Department (CSCD) has hosted and

participated in the following types of

activities during National Crime Victims’

Rights Week:

■ CSCD held a department-wide clothing

drive and donated the materials to local

women’s shelters.

■ CSCD produced 3,000 book markers that

contained victim assistance information

and toll-free phone numbers and

distributed them to all county employees.

■ Staff volunteered their time to answer

phone calls for the National Center for

Victims of Crime in Ft. Worth, Texas.

■ Staff adopted a local school and assisted

them in a multitude of activities.

For these types of exemplary victim

services, the CSCD was given an award

during the Texas Governor’s Annual

Conference in 1994.

California Department of Corrections

The Victim Services Program of the

California Department of Corrections

celebrates National Crime Victims’ Rights

Week and Child Abuse Prevention Month,

which is also held in April. The following

activities were sponsored by the Victim

Services Program:

■ Distributing informational packets and

posters to field staff.

■ Hosting a training forum.

■ Honoring staff and community-based

victim service providers with awards.

Many of the institutions and parole regions

also conduct training and hold fundraising

activities to benefit crime victims during the

month of April.

Oklahoma Department of Corrections

In Oklahoma City, Oklahoma, the first

statewide exhibit of artwork produced by

victims/survivors of violent crime was

displayed at the State Capitol Building

during National Crime Victims’ Rights

Week in 1996. The exhibit was sponsored

by Institution Programs, Inc., State Arts

Council of Oklahoma, Oklahoma Crime

Victims Center in Shawnee, and the

Oklahoma Department of Corrections.

Establishing Advisory Committees

Many departments have solicited help in

program, policy, and practice development
138

Chapter 8: Community Relations and Outreach

and assessment by creating advisory

committees comprised of departmental staff,

victim service providers, and victims of

crime. Agencies also may want to consider

including loss prevention personnel on these

types of committees.

Pennsylvania Department of Corrections

In Pennsylvania, the Department of

Corrections (DOC) has created a Victim

Services Advisory Committee, directed by

agency policy, which is established to advise

and make recommendations to the DOC, and

the Board of Probation and Parole (PBPP).

In the policy, the Committee is directed to

address the following issues:

■ The development and implementation

of the educational program entitled,

“Impact of Crime Classes” for offenders.

■ The Victim Input and Notification

Program.

■ DOC and PBPP policies and program

initiatives which impact crime victims.

■ Victimization within the department.

■ Legislative and public policy issues

affecting crime victims.

■ Victim Offender Reconciliation and

Mediation.

Efforts are made to ensure geographic and

cultural representation on the Committee.

In addition to the director of the Office for

Victim Services and the victim advocates for

the PA Board of Probation and Parole and

the prosecutor’s office, committee members

are comprised of individuals from the

following entities: PA Coalition Against

Domestic Violence, PA Coalition Against

Rape, PA Mothers Against Drunk Driving

(MADD), Prosecutor’s Victim Advocate,

community-based victim service providers,

and victims of crime.

Tarrant County Community Supervision

and Corrections Department, Texas

The Tarrant County Community

Supervision and Corrections Department’s

(CSCD’s) Victim Advisory Committee was

established in 1995 to provide a continual

assessment of the Department’s victim

services, including their restitution

procedure, use of victim impact panels,

community service program, outreach

activities, and staff training on victim

issues. The committee holds quarterly

meetings. In the past, the committee has

included representation from victims of

crime and CSCD staff. Recently, in an effort

to broaden the range of victim input and

promote communication and coordination

between the adult and juvenile justice

systems, CSCD has invited representatives

from juvenile probation and parole and

victims of juvenile offenders to be involved

on the committee.

Texas Department of Criminal Justice

To ensure that input from victims and

victim services providers are accounted

for when deciding what types of victim

services are needed, the Texas Department

of Criminal Justice has instituted a Victim

Advisory Council. The Council consists

of approximately 30 representatives from

victim advocate groups, State agencies, and

local victim service providers. The group

meets quarterly to assess needs that are not

being addressed, approve and comment on

various TDCJ Victim Service programs,

and relay information back to statewide

organizations represented. The members

volunteer to serve 2-year terms.

Developing Partnerships with

Other Agencies and Advocating

for Victims’ Rights and Services

Developing partnerships with other

agencies that provide services for victims

of crime is an ideal way to (1) share and
139

Chapter 8: Community Relations and Outreach

receive information about services being

provided to victims, and (2) create a

powerful base for advocating for victims’

rights and services.

Many States have Victim Assistance

Networks that are designed to represent

victims and all related victim service

providers. These types of networks offer

a means for accomplishing the following:

■ Providing support in establishing a solid

funding base for agencies and nonprofit

organizations that serve victims.

■ Lobbying for victim-specific legislation.

■ Providing opportunities to cross-train

various providers through workshops,

conferences, and training institutes.

■ Serving as the central-State collector

of research and literature regarding

victimization.

■ Serving as a central communications link

throughout the associated profession of

victim services.

■ Establishing a statewide talk-group

through e-mail and Internet services

where providers can share information.

■ Collecting information and developing

a statewide victim service resource

directory.

Key staff from community corrections

agencies should be actively involved in

these networks. Ideally, staff should be

on the network’s board of directors and

volunteer for key positions.

Ohio Department of

Rehabilitation and Correction

In Ohio, the Office of Victim Services of

the Ohio Department of Rehabilitation and

Correction collaborates with other State

and local agencies to ensure the delivery

of effective services to crime victims.

For example, the Ohio Attorney General’s

Office, the Court of Claims of Ohio,

and the Department of Rehabilitation

and Correction work together to develop

marketing strategies for all statewide

victim services available within the

agencies. In addition, the Office of

Victim Services participates in following

victim service coalitions:

■ ACTION-OHIO (domestic violence

network).

■ CASA (Court Appointed Special

Advocates for Children).

■ MADD (Mothers Against Drunk

Driving).

■ OCOSA (Ohio Coalition on Sexual

Assault).

■ OCPA (Ohio Crime Prevention

Association).

■ ODVN (Ohio Domestic Violence

Network).

■ OPAA (Ohio Prosecuting Attorney’s

Association).

■ OVWA (Ohio Victim Witness

Association).

■ POMC (Parents of Murdered Children).

California Department of Correction

The Victim Services Program staff of the

California Department of Corrections

are involved in a variety of activities to

advocate for better services for crime

victims. For example, the Youth and

Adult Correctional Agency (YACA) in

California, convened a Summit in 1993

for the purpose of reviewing the state

of victim services in corrections and

developing recommendations for addressing

the unmet needs of victims. Approximately
140

Chapter 8: Community Relations and Outreach

75 representatives from victim/witness

centers, victims of homicide support groups,

law enforcement, the judiciary, and affected

State agencies participated in the Summit.

Their recommendations focused on five

issues: restitution, allocution, notification,

offender programming, and system

improvements. YACA compiled the

recommendations and sent a report to the

Governor for review and consideration.

Victim Service Program staff of the

California Department of Corrections

have been instrumental in developing

legislation to implement several of the

recommendations from that report.

South Carolina Probation, Parole,

and Pardon Services

The South Carolina Department of

Probation, Parole, and Pardon Services

(SCDPPPS) understands that victims and

victim groups can be powerful allies in

helping them attain needed resources.

Departmental staff have made a point of

getting involved, and remaining involved,

with various victim service organizations

throughout the State. Over time, the

increased understanding of victims and

victim groups to the constraints SCDPPPS

must contend with, along with their witness

of the concerted efforts being made by the

Department to provide more effective and

efficient services to crime victims, has led

these individuals and groups to lend their

support to the Department. This support

has even extended to victims and victim

organizations speaking to legislative bodies

on behalf of probation and parole. This

type of support in front of the legislature

has enabled the Office for Victim Services

staff of SCDPPPS to grow from two

grant-supported positions to its current

level of eight State appropriated positions.

The department plans to ask for an

additional four positions in the 1997

legislative session.

Conclusion

To counteract the negative personae of

probation and parole, community corrections

agencies must take a proactive approach to

educating and informing victims and the

public of the mission of probation and

parole work. The provision of services to

victims of crime must be included within

that mission. This chapter provided an

overview of various elements and strategies

that can be employed in community relations

and outreach efforts. By implementing the

types of approaches discussed, probation

and parole can begin to transform and

enhance its image within the community.
141

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149

Appendix A

Appendix A

Chapter on Supporting Crime Victims

Source: Boone and Fulton, 1995.
150

Appendix A
151

Appendix A
152

Appendix A
153

Appendix A
154

Appendix A
155

Appendix A
156

Appendix A
157

Appendix B

Appendix B

Sample Model Victim Impact Statement Forms

Source: Alexander and Lord, 1994.
158

Appendix B
159

Appendix B
160

Appendix B
161

Appendix B
162

Appendix B
163

Appendix B
164

Appendix B
165

Appendix B
166

Appendix B
167

Appendix B
168

Appendix B
169

Appendix B
170

Appendix B
171

Appendix B

Sample Victim Information Sheet for Attending Parole Hearings:

South Carolina Department of Probation, Parole and Pardon Services
172

Appendix B
173

Appendix B

Sample Registration/Notification Request Card

(SC Department of Probation, Parole, and Pardon Services)
174

Appendix B

Sample Victim-Sensitive Notification Letter
175

Appendix B

VineTM Brochure: Kentucky Department of Corrections
176

Appendix B
177

Appendix C

Appendix C

Flow Chart: Restitution Process, CA State Board of Control
178

Appendix C
179

Appendix C

Restitution Policies and Procedures: Tarrant County CSCD
180

Appendix C
181

Appendix C
182

Appendix C
183

Appendix C
184

Appendix C
185

Appendix C
186

Appendix C

Budget Worksheet: Tarrant County CSCD
187

Appendix C
188

Appendix C
189

Appendix D

Appendix D

Reparative Probation Boards

Source: Fulton, 1996.
190

Appendix D
191

Appendix D
192

Appendix D
193

Appendix D
194

Appendix D
195

Appendix D
196

Appendix D
197

Appendix E

Appendix E

Sample Initial Victim Contact Letter for Domestic Violence Cases
198

Appendix E

Sample Domestic Violence Safety Plan
199

Appendix E
200

Appendix E
201

Appendix E

Assessment Instrument and Classification System:

Family Intervention Unit, Connecticut
202

Appendix E
203

Appendix E
204

Appendix E
205

Appendix E
206

Appendix E

Risk Assessment Form: Maryland
207

Appendix F

Appendix F

Staff Workplace Violence Prevention Program Statement
208

Appendix F
209

Appendix F
210

Appendix F
211

Appendix F
212

Appendix F

Factors to Consider When Developing Threat Incident Reports
213

Appendix F
214

Appendix F
215

Appendix F
216

Appendix F

Prototype Administrative Policy on Staff Victimization
217

Appendix F
218

Appendix F
219

Appendix F

Emergency Response Form
220

Appendix F
221

Appendix F

Summary of Victims’ Rights When Dealing with the Media
222

Appendix F
223

Appendix G

Appendix G

OVC Training and Technical Assistance Center Fact Sheet and Application
224

Appendix G
225

Appendix G

Summary of OVCRC and Other U.S. Department of Justice Resources
226

Appendix G
227

Appendix G
228

Appendix G
229

Appendix G
230

Appendix G
231

Appendix G
232

Appendix G

Roster of National Victim Service and Allied Justice Organizations
233

Appendix G
234

Appendix G
235

Appendix G

NCJRS Registration Form
236

Appendix G
237

Appendix G

Roster of Toll-Free Information and Referral Sources for Victims
238

Appendix G
239

Appendix H

Appendix H

Sample Brochure: Victim Services Program — CA Department of Corrections
240

Appendix H
241

Appendix H
242

Appendix H
243

Appendix H
244

Appendix H
245

Appendix H
246

Appendix H
247

Appendix H

Sample Rolodex Card from Ohio Department of

Rehabilitation and Correction
248

Appendix H
Appendix I

Agency Contact and Resource Lists

249

Appendix I
250

Appendix I
251

Appendix I
252

Appendix I
253

Appendix I
254

Appendix I
255

Appendix I
256

Appendix I
257

Appendix I
258

Appendix I
259

Appendix I
260

Appendix I
261

Appendix I
262

Appendix I
263

Appendix I
264

Appendix I
265

Appendix I
266

Appendix I
U.S. Department of Justice

Office of Justice Programs

Office for Victims of Crime

Promising Victim-Related

Practices and Strategies in

Probation and Parole

For copies of this publication and/or additional information, please contact:

Office for Victims of Crime Resource Center (OVCRC)

Box 6000

Rockville, Maryland 20849-6000

Telephone: 1–800–627–6872 or

301–519–5500

E-mail orders for print publications to puborder@ncjrs.org

E-mail questions to askovc@ncjrs.org

Send your feedback on this service to tellncjrs@ncjrs.org

Refer to publication number — NCJ 166606