Matthew H. Logan, Ph.D

Monday, February 22, 2010

Community Supervision of High-Risk Offenders: The Case of Mr. Z

By Bill Rankin, Communications Officer, Communications and Consultation Sector; Teal Maedel, Psychologist, Vancouver Parole; Staff Sergeant/Psychologist Matt Logan, RCMP Behavioural Science Group

This is the story of Mr. Z and how the criminal justice system goes to great lengths to handle offenders of his type and help ensure the safety of Canadian society.

Mr. Z is a dangerous man with a lengthy criminal history including violent sexual assaults against elderly victims. For his most recent crime – forcible confinement and assault of an 80-year old woman – he was sentenced to seven years (in protective custody) inside the Correctional Service of Canada’s (CSC) maximum-security Kent Institution near Chilliwack, British Columbia. When he became eligible for parole, at the two-thirds point in his sentence, the National Parole Board (NPB) decided that he was not ready to be released and he was detained until warrant expiry.

The NPB had very good reasons for its decision. CSC psychologist Teal Maedel assessed Mr. Z’s risk for future violence and sexual offences as high. “Mr. Z refused to take any treatment programs while incarcerated. He also had substance abuse problems,” she commented, “power and control thinking, and he scored 86 percent on the Psychopathy Checklist – well above the cut-off point.”

Not only is he dangerous, but Mr. Z has refused the offer of a Circle of Support that would keep a close eye on him, report any evidence of him entering into another crime cycle and help him in his transition into the community upon release. What community? Mr. Z has refused to divulge even this piece of information.

A Long Arm Gets Longer
Many citizens would say that people like Mr. Z should be detained indefinitely, they should never be released, but Canadian law and the judicial system dictate that Mr. Z, like most offenders, will eventually be set free and return to society. At one time, this would mean the end of any form of supervision but in recent years new legislation has enabled the long arm of the law to stretch even further. Mr. Z and others like him can now be controlled under further restrictions despite the fact that they have passed their warrant expiry date.

One of these legal tools is called a Section 810 (of the Criminal Code of Canada) recognizance order, that allows police to impose restrictions for up to a year where there is fear that a suspect will commit a serious personal injury offence. Strict conditions are available including a measure that prohibits a suspect from possessing firearms or ammunition, and a measure that requires the offender to report to police or a correctional authority. Section 810s have been particularly useful in cases where prior incidents of physical harm resulted in a sentence that is now completed, as in the case of Mr. Z.

Surveillance and Mapping
As Mr. Z’s release date approaches, law enforcement agencies work closely with CSC institutional parole officers who provide information from their own files on the offender, including his risk and psychopathy assessments and evidence of his crime cycle. In the Pacific Region, this data is sent to the RCMP Behavioural Science Group (BSG) which has developed highly sophisticated intelligence networks to capture all available information on high-risk offenders. Vital information is fed to the BSG not only from CSC but also from police forces such as the Vancouver Police Department and its High Risk Offender Unit.

This unit and the RCMP employ integrated sexual predator observation teams (I-SPOT) that work closely with CSC parole officers. These teams, ideally full-time units of 10 officers, are trained in surveillance techniques and understanding sexual offenders and their specific crime cycles.

RCMP Behavioural Psychologist Staff Sergeant Matt Logan explains further: “Using a template called the Integrated Sexual Predator Intelligence Network (I-SPIN), we take all this information and determine which individuals are the most dangerous to the public and their chances of re-offending.”

Currently in British Columbia, there are 2,200 such offenders in I-SPIN, 33 percent of which are considered at extremely high risk of re-offending. Every known location frequented by each of these offenders is plotted on an electronic mapping system and colour-coded to correspond with the template score given to each offender.

“This system is crucial,” says Staff Sgt. Logan. “Should there be a sexual assault or kidnapping in a particular location, the mapping system will identify the most likely suspects. The goal of the program is to allow police to proactively improve safety in communities.”

Mr. Z Is Released
Three months prior to his release, Mr. Z.’s name is passed along (BY WHO??)by the CSC WED Coordinator to the High Risk Recognizance Advisory Committee (HRRAC), an interagency coordinating body that reviews every federal offender that has been detained until their warrant expiry date with an eye to applying an 810 order. The committee includes police, corrections, victim services, and crown. A case review by HRRAC considers many factors including Mr. Z’s refusal to cooperate while incarcerated and the reports of some of his victims who are still traumatized and terrified at the possibility that they will encounter him again one day.

A Legal Threshhold
The two psychologists on the committee, Teal Maedel and Staff Sgt. Logan, help the other committee members reach a consensus: Mr. Z should be placed under an 810 order once he is released. But the committee must turn to Crown Counsel Roger Cutler to tell them whether or not the offender meets the legal threshold for imposing the order.

Crown Counsel Cutler considers the key legal question: Is there reasonable grounds to fear that Mr. Z would commit a serious personal injury offence upon his release? Because of Mr. Z’s truly dreadful record, his refusal to be treated, and his recent psychiatric assessments, Cutler believes an 810 order should be sought that includes specific conditions – no alcohol or drugs - that will prevent his crime cycle from being triggered.

The 810 Coordinator
Once these decisions are made, the next person to handle Mr. Z’s file is the 810 coordinator, Judy Dizy, a detective from the RCMP Behavioural Science Group who is an expert at preparing a report for Crown counsel that will be handed to the judge in charge of granting the order. The offender information, including victim target group, known residences, associates, crime cycle and many other factors accompanies any report to Crown prosecutors. In many cases, a letter of opinion from a BSG investigative psychologist is also submitted to the courts.

In the meantime, the 810 coordinator, Det. Judy Dizy interviews Mr. Z at Kent Institution and informs him of the intent to impose an 810 order. After mulling it over and weighing his options, Mr. Z realizes that he has little chance of successfully blocking the order and, therefore, he decides not to legally contest it. This is a relief because a challenge would eat up time and become a considerable drain on the criminal justice system’s resources. Naturally, for everyone involved, an order with offender consent is the preferred route.

Everyone Ready
The Court imposes the 810 order two weeks before Mr. Z’s release and now police are ready to take over the functions of monitoring and, if need be, intervention. The Vancouver Police’s High Risk Offender Unit is notified as the offender indicates his destination as Vancouver. Another team, the Coordinated High Risk Offender Management team (CHROMe), comprised of police, a community probation officer, psychologist and outreach workers are ready to help Mr. Z with his transition into the community.

The two weeks finally pass and the institution doors open to allow Mr. Z out on to the streets. He is compliant with conditions for a few days but then both the Vancouver Police and CHROMe workers note a return to his crime cycle. They notify Behavioural Sciences and the I-SPOT team begins its surveillance. Will the offender comply with the conditions of his 810 order? It’s not long before they trail him to one of his old haunts, a crumbling block of dilapidated hotels near the corner of Main and Hastings in Vancouver’s notorious east end. He buys cocaine from a drug dealer and kibitzes with known prostitutes along their stroll. Clearly, Mr. Z has no intentions of sticking with his 810 conditions. The I-SPOT team quickly arrests him before he can progress in another crime cycle and become an extreme risk to public safety. He is charged with possession of a narcotic and breach of recognizance.

“In British Columbia,” comments Crown Counsel Cutler “our courts take breaches of 810s much more seriously than breaches of other court orders. The judges recognize the risk to which that the community is exposed and they know that the offender fully understood that his breach triggers his criminal behaviour.”

Mr. Z is given a sentence of three months. While in custody, outreach workers visit him and discuss the breach and plans are made for substance abuse treatment. On release,
I-SPOT surveillance resumes while outreach workers help the offender find a place to live and other efforts are made to help stabilize him.

A Year Later
Fast forward almost a year to a time close to the expiry of the 810 order. Since his release after the breach conviction, Mr. Z has been compliant, crime free and cooperating with outreach workers. The I-SPOT surveillance was discontinued but the other criminal justice partners agree that an application for renewal of the 810 order is necessary. Before they make the application, the offender is brought in to be assessed by a psychologist.

“Mr. Z is one of those individuals who seems to thrive on structure and support,” the psychologist reports. “His history both in custody and on release indicates that his present success is due to it, at least in part.”

The 810 coordinator prepares another application and the Crown takes it to Court three weeks before expiry of the first 810 order. Mr. Z opposes the application and he is placed on bail with conditions identical to the expiring order and a trial date is set. At the trial, six months later, the Court grants a renewal for another year.

Mr. Z’s support system in the community continues to strengthen and the year passes uneventfully. The offender is assessed again and no renewal of the 810 order is sought.

The execution of Mr. Z’s 810 order is a study in cooperation between criminal justice partners. It highlights the importance of strong partnerships and interagency communication in managing risk. This process coupled with interagency training in identifying and intervening in offender behavioural progression has assisted criminal justice system partners in enhancing safety in our communities.

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