Recently, I have been in
conversations with academics and professionals about the effectiveness of
offender reintegration programmes, risk management and public protection. There
seems to be an idea that “risk management” is an evil concept and a by-line for
punitive state control, which is worrying. A notion that public protection
means a dictatorial system, with no flexibility, originality and a preserved
need for rhetoric as well as justification – which is also concerning. The most
disturbing though, which I have heard
from professionals on both sides of the Atlantic, is the notion that
reintegration is returning offenders to communities for them to get kept separate
from said communities and not being allowed to interact with them because of
risk management and public protection concerns. Which creates a perfect storm;
for a lack of integration, support and partnership working can result in an
increased likelihood of re-offending. The question that I have been pondering
is whether we have become jaded by the system and that we cannot see the
interrelated beneficial outcomes of these terms?
The big debate is
reintegration versus integration. I think that these are two different things
that often get confounded. The idea behind reintegration is to return someone
to the same point in a situation that they were at before they were removed
from that situation; but that is not what we want with offenders or sex
offenders. We want to return them to society to a new, improved more adaptive
situation. We do not want them falling into old habits, bad ways or being more
likely to reoffend. We want them to develop good relationships, new
relationships and positive social capital. Therefore, it’s not really reintegration
as much as integration. It’s integration informed by treatment, risk
management, social support and adaptive thinking. This is important because
this perspective means that sex offender integration is a group activity involving the criminal justice
system, the offender and the community; it is not simply “review, release and
go,” instead it's more “review, release and support.”
Successfully
integrating offenders into communities means that risk management is important,
as it’s a proactive and forward-looking endeavour rather than a reactive and
negative one. Risk management is not, and should not be, a one-size-fits-all
model. Different individuals pose different risks and need different responses;
additionally, over time, the same individual's risk can change and therefore so
too will their risk management needs. Risk is fluid and, therefore, so should
be risk management! However, there is a view that risk management is fixed,
bureaucratic, autocratic and unchanging. If our role is to integrate ex-offenders,
especially sex offenders, with all the labels that they bring with them, we
have to change this view of risk management.
We need risk management to work on an individual level so that offenders
can get the best from the system and increase their likelihood of returning to
the community and living offence free.
Both offender
integration and positive risk management tie in with ideas of public
protection. Generally when we talk of public protection in respect to sex
offenders we are talking about proactive policing, social work, and probation;
we are talking about how the system can limit the freedom of known offenders to
protect the public from victimisation. Again, this form of public protection is
not necessarily a bad thing in regard to certain offenders, but it cannot be a
blanket approach, it needs to be a more individually driven approach that takes
into account the individual offender. As risk management can be proactive in
helping sex offenders integrate into communities post release, so too can
public protection strategies, especially those that involve the community,
multi-agency working and reflect the notion that people can change.
We have to reconsider
the interrelationship between integration, risk management and public
protection; they are not separate (but interrelated). They are not always
negative (they can be, but they can be positive too). They can give us freedom
to help offenders re-entering communities in a productive, individualistic way
(so move away from one-size-fits-all models to more individualistic ones). If
we as the people who work with these terms, concepts, guides, and frameworks on
a daily basis see them as negative, undermining and problematic, imagine the
impact that this has on the offender that has to live by them; therefore it
would be worthwhile to reconsider how, why and in what way we use them.
Kieran McCartan, Ph.D
I am new to this field, but I have worked with a number of juvenile non-sexual offenders and kids with severe behavioral issues outside of the justice system, and it seems as though you are talking about the same dilemmas inherent in that sort of work. The psychiatric diagnoses for those kids are almost exclusively related to the problems they cause for others, so treating them requires constant explicit reflection about who is the actual client. It is definitely not a question of minimizing the damage done by these clients, but it seems irrational to believe that you can effectively help someone change behaviors (and all the other stuff) if you're addressing treatment goals set by another party. This is all probably self-evident, so I apologize for stating the obvious.
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