CONTENTS CHAPTER 1: INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . .1 A CONTINUUM OF SERVICES. . . . . . . . . . . . . . . . . . . . . . . . . .1 A Victim's Story . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 THE CURRENT STATUS OF VICTIMS' RIGHTS. . . . . . . . . . . . . . . . . . .5 COMPONENTS OF CRIMINAL JUSTICE-BASED VICTIM ASSISTANCE PROGRAMS. . . . . .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 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 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 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 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/VICTIMIZATON. . . . . . . . . . . . . . . . . . . . . . . . . .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 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 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 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 Vine Brochure: Kentucky Department of Corrections. . . . . . . . . .175 Appendix C: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 Flow Chart: Resititution 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 Trainers' Bureau Fact Sheet and Application. . . . . . . . . . . 223 Summary of NVRC and Other U.S. Department of Justice Resources. . . .225 Roster of National Victim Service and Allied Justice Organizations. .232 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 U.S. Department of Justice Office of Justice Programs Office for Victims of Crime Promising Victim-Related Practices and Strategies in Probation and Parole American Probation and Parole Association 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. 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. 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. 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 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." 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. 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. [Figure 1-1: States with Constitutional Amendments Relating to Victims' Rights States with VRAs: Washington, Oregon, Idaho, California, Nevada, Utah, Arizona, Colorado, New Mexico, Kansas, Oklahoma, Texas, Missouri, Illinois, Indiana, Ohio, Michigan, Wisconsin, Connecticut, Rhode Island, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Alabama, Florida, Alaska, Hawaii Source: National Victims Center.] 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. 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 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. 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). 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 victim-related 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 Performance-Based 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 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 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. 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 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 non-English 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. 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 * 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. Source: Alexander and Lord, 1994. 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. * 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. * 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 open-ended 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 Post-Conviction 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. * 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. * 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, 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. 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 offender-specific 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. 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 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. * 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 Access(tm) 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 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 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 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. 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. 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. * 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 (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