13 joanne capozzi pp
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Joanne Capozzi Assistant Crown Attorney
Ministry of Attorney General Ontario Downtown Toronto Crown Attorneys’ Office
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Reflecting on what it is we are trying to achieve through “I” and “S”
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Incentives & Sanctions as Behaviour Modification
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Reinforcing positive behaviour and change Sanctioning behaviour that needs to be
discouraged or eliminated
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Bringing the benefits of behavioural change forward in
time by providing immediate rewards
Reinforce positive behaviour and change
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Discourage or eliminate undesirable behaviour
Bring the consequences of undesired behaviour forward in time by providing immediate consequences
Sanctions help us to effect change; they are not meant to
be overly punitive
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Proven effectiveness for promoting sustained behaviour change in drug abuse populations
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Either:
GIVE—a Reward (Positive Reinforcement)
OR TAKE–- a Punishment away (Negative Reinforcement)
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Praise and encouragement from the Judge/Team
Applause from the court team and participants
Early Leave from Court
Phase Advancement up to Graduation!
Graduation Certificates and Ceremonies for Phase
Advancement/Program Completion
Tangible rewards: Examples: toiletries; makeup; Gift Cards for items
or activities or services; hosiery; toys, etc!
Contingency Management Programs
Fish Bowl tickets/opportunities
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Praise, encouragement and genuine supportive comments are excellent
motivators:
“It (DTC) was the first time a Judge ever looked at me when they
spoke.”
Look for:
donations from the community
donations from businesses
fund raising opportunities
Bargains!
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Removal/Reduction of curfew
Decrease court appearances
Decrease probation contacts
Expunge record
Reduction/Removal of jail sentence
Reduction of term of probation
Charge dismissal
Delayed Sanction
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Target specific behaviours for reward:
Ask, what is the behaviour that needs targeting?
Attending treatment
Attending court
Providing urine screens
Providing clean urine screens
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EITHER: GIVE–- A Punishment,
OR:
TAKE –- A Reward Away (Response Cost)
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Judicial Reprimand Attending Court/Courthouse Early Verbal apologies to judge and group Essay writing Jury Box/Penalty Box for Court Session Community Service Hours Doubled Community Service Hours Custody for the Court Session House Arrest Bail revocation ( range of # of days ) Expulsion and Sentencing
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Increase court appearances Increase supervision Increase drug screening Delay phase advancement Increase time in program Return to Lower Phase Suspend privileges Limit privileges, eg. curfew Increase probationary period Return/Forfeit coupons/certificates
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Target specific behaviours for Sanctions—Identify
Behaviours which will garner a sanction:
Dishonesty
Non-attendance at any Treatment or Court Sessions
Late attendance at any Treatment or Court Sessions
Failure to provide Urine Sample for screening
Incurring new charges
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Incentives and Sanctions must be applied with certainty
Behaviours that garner Incentives or Sanctions must be monitored regularly
Every time participant engages in positive behaviour that garners a reward, reward that behaviour
Every time participant engages in negative behaviour, sanction that behaviour.
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Need implementation plan to ensure immediate, reliable, consistent application
Recording the behaviour/misbehaviour Recording the points/earnings Delivering the reward/sanction in a timely
manner Same application for all participants See: NDCI, Quality Improvement for Drug Courts, Motivational Incentives in Drug Courts, Monograph Series 9, Chapter 10, by Maxine L. Stitzer
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As much as possible, give the incentive or the sanction as close in time as possible to the event.
Effectiveness declines rapidly over time Problem is that there may inevitably be intervening
time between the behaviour and the next Court date
Deal with it soonest!
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Minimal, Moderate or Severe? For Incentives: Bonus! Low to Moderate work well! For Sanctions want to be in the Moderate Range + need to be able to increase or decrease the
Incentives and Sanctions accordingly
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Severe Sanctioning means the Court has no options left! And the danger is it leads to participants giving up.
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Low Sanctioning makes bad behaviour worse
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Procedural fairness: give participants an opportunity to be heard
Treat participants with respect and dignity; Punish the behaviour, not
the person Like people in like circumstances get the same treatment
Proportionality
See NDCI, Quality Improvement for Drug Courts: Monograph Series
9, Chapter 11, Application of Sanctions by Douglas B. Marlowe.
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Procedural Justice: Make sure the rules and range of sanctions are clearly understood in advance
advance notice of behaviours that trigger a sanction is
important; Define the behaviour and make sure it is objectively
measurable; Define the range of sanctions that can be imposed for
specific conduct in writing
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Short term goals = greater consequence
Long term goals = lesser consequence
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Punitive sanctions for wilful noncompliance = punishment for
misbehaviour
Therapeutic responses for insufficient progress in treatment =
treatment for dysfunction
Examples:
Attend withdrawal management centre (detox)
Attend residential treatment
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A toolbox for behaviour modification
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James Budd, Manager, Treatment Provider for Ottawa DTC for providing and inspiration for graphics
NDCI, Quality Improvement for Drug Courts,
Motivational Incentives in Drug Courts, Monograph Series 9, Chapter 10, by Maxine L. Stitzer
NDCI, Quality Improvement for Drug Courts:
Monograph Series 9, Chapter 11, Application of Sanctions by Douglas B. Marlowe.
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J.E. Lessenger & G.F. Roper (Eds.), “Drug courts: A new approach to treatment and rehabilitation” New York: Springer, Chapter 22, Strategies for Administering Rewards and Sanctions by Douglas B. Marlowe
NDCI, The Drug Court Judicial Benchbook,
Chapter 7, Applying Incentives and Sanctions by Douglas B. Marlowe
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