Bonta CJB2002 Riskguidelines
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JAMES BONTA
Solicitor General Canada
During the past 20 years, there have been significant developments in the area of offender
assessment. As a result, this knowledge has placed the field in a position to construct guide-
lines as to what should characterize useful and effective offender assessment instruments. The
author’s suggestions as to what constitutes good assessment ranges from the noncontroversial
(e.g., actuarial instruments) to the more contentious (e.g., lessening one’s reliance on static
risk scales). Whether the reader agrees with the views expressed, it is hoped that the force of
the empirical arguments will at least provoke some careful consideration rather than summarily
dismissing them.
AUTHOR’S NOTE: The opinions expressed are those of the author and do not nec-
essarily represent the views of the Ministry of the Solicitor General of Canada. Corre-
spondence concerning this article should be addressed to James Bonta, Corrections
Research, Solicitor General Canada, 340 Laurier Ave. W., Ottawa, Ontario, Canada,
K1A 0P8; e-mail: Bontaj@sgc.gc.ca.
CRIMINAL JUSTICE AND BEHAVIOR, Vol. 29 No. 4, August 2002 355-379
© 2002 American Association for Correctional Psychology
355
356 CRIMINAL JUSTICE AND BEHAVIOR
Here we are in the 21st century, and one would think that we have
resolved the debate between clinical and actuarial approaches to risk
assessment. Judging from what goes on in the field, I do not think we
have. The results from two recent surveys are the source of my con-
cern. Boothby and Clements (2000) asked 830 correctional psycholo-
gists what specific psychological tests they used in their work.
Twenty-three percent reported using the Bender-Gestalt, 20% used
the Rorshach, and 14% used projective drawings. Although there are
“scoring systems” for these tests, I do not think that they can be con-
sidered actuarial. Actuarial measures are structured, quantitative, and
empirically linked to a relevant criterion. To the best of my knowl-
edge, there is no credible literature demonstrating that these tests pre-
dict criteria important to corrections (i.e., prison assaults, escape, sui-
cide, and, of course, recidivism).
Bonta / OFFENDER RISK ASSESSMENT 357
cant advantage over the other scales for the management of offender
risk. These advantages are evident in the next section.
need and responsivity). Yet the PCL-R can provide information for
this purpose. Examination of the individual items in the PCL-R yields
three groupings. There are static risk factors (e.g., early behavior
problems, criminal versatility), dynamic criminogenic needs (e.g.,
pathological lying, poor behavioral controls), and responsivity factors
(e.g., grandiose sense of self-worth, shallow affect). Thus, the con-
struct of antisocial personality or psychopathy assesses not only risk
and needs but also responsivity factors.
Treatment programs for offenders labeled antisocial personality or
psychopathic have recognized the need to deal with these offenders
differently from other offenders. With antisocial personality disor-
dered offenders, the reinforcement contingencies within group ses-
sions must be tightly controlled, extra attention must be paid to moti-
vational issues, and a concerted effort must be made to have them
assume greater responsibility for their behavior (Hare, 1998; Wong,
2000). Assessments of mental disorders (e.g., schizophrenia, manic
depression, etc.) also are important for responsivity consideration.
The static and dynamic risk factors among mentally disordered
offenders are highly similar to the general offender population (Bonta
et al., 1998) but how programming is delivered to offenders with a
mental disorder will certainly influence the success of treatment.
Finally, assessment of responsivity is not limited to the personality-
cognitive attributes of offenders. Broader social and cultural factors
also play a role. We do not need tests to assess gender, race, and ethnic-
ity, but program delivery must attend to these factors. Although the
risk assessment research across sociocultural groups is not particu-
larly well developed, it appears that the risk factors for criminal behav-
ior are similar across gender (Simourd & Andrews, 1994) and race and
ethnicity (Bonta, LaPrairie, & Wallace-Capretta, 1997; Lowenkamp
& Latessa, 2000). Once again, for treatment to have an impact, the
style of service must be tailored to the social, cultural, and ethnic char-
acteristics of the offenders.
Any test has error associated with it, and therefore, no single test
predicts perfectly. The sources of error vary (e.g., poor conceptualiza-
tion of the construct being measured, lack of motivation on the part of
Bonta / OFFENDER RISK ASSESSMENT 373
the client, etc.). One important source of error is the format used in
assessment. The predictive validity of assessments can improve when
different methods are combined. When different methods are used,
the weakness of one assessment instrument can be compensated by
the strength of another test. There are four common methods used in
offender assessment: (a) paper-and-pencil, (b) interview-based, (c)
behavioral, and (d) file extraction procedures. Each method has
known weaknesses, and many are well known. Paper-and-pencil
questionnaires yield poor results if the client fails to understand the
questions, assessments conducted by interview are open to the per-
sonal biases of the examiner, behavioral assessments may be overly
specific and contrived, and file extraction methods are limited by the
quality of the information in the files.
In the area of corrections, all four methods of assessing offender
risk have been used. Paper-and-pencil measures are used in general
offender classification (e.g., Jesness, 1988, I-Level; Megargee &
Bohn, 1979, Megargee’s MMPI-based system) and for more special-
ized assessments such as the assessment of antisocial attitudes (e.g.,
Pride in Delinquency [PID] scale) (Shields & Whitehall, 1991;
Simourd & van de Ven, 1999) and the risk for violence (e.g., Self-
Appraisal Questionnaire) (Loza & Loza-Fanous, 2000, 2001).
Among the interview-based measures, well-known examples are the
LSI-R, PCL-R, and HCR-20. Behavioral measures include the Adult
Internal Management System (Quay, 1984). Finally, measures using
file extraction procedures are represented by the VRAG and, for the
risk of sexual recidivism, STATIC-99 (Hanson & Thornton, 1999).
Many of the tests illustrated in the previous paragraph sample dif-
ferent domains. Some measure only one domain (e.g., PID: antisocial
attitudes). Others sample two or three domains (e.g., PCL-R: criminal
history, personality, attitudes), whereas some instruments, such as the
LSI-R, sample up to 10 different domains relevant to criminal con-
duct. These measures also use different methods. The question that I
raise in this section is what would happen if we use different methods
to assess the same domain. For example, if we were interested in
assessing antisocial attitudes, would we gain predictive accuracy if we
were able to assess the construct using multiple methods?
An affirmative answer to this question was provided in a study by
Andrews and his colleagues (Andrews, 1985; Andrews et al., 1985). I
374 CRIMINAL JUSTICE AND BEHAVIOR
At this point, the reader may think that this last guideline was an
afterthought, something added to form a “top 10” list. I did not begin
writing this article with a top 10 list in mind but, I must admit that I was
a bit delighted when I wrote Guideline 8 and knew that I still wanted to
write a couple more things. My last guideline reflects my own per-
sonal values, and they probably do not agree with everyone’s views.
I think that the application of offender risk assessments should
adhere to the principle of the least restrictive alternative. The principle
Bonta / OFFENDER RISK ASSESSMENT 375
states that the punishment of offenders should use the least intrusive
measures and only to the extent needed to manage their behavior
(Rubin, 1975). Thus, imprisonment should be reserved for the most
recalcitrant of offenders, intermediate sanctions for the nonviolent,
and perhaps minimal or no intervention for the lowest risk offenders.
Obviously, our criminal justice system does not appear to follow very
closely the least restrictive principle. With nearly 1.3 million people in
U.S. prisons, it is hard to imagine that community alternatives are not
appropriate for any of them.
Risk assessment is a double-edged sword. It can be used to justify
the application of severe sanctions or to moderate extreme penalties. It
is easy to “sell” a risk instrument when the instrument claims to iden-
tify the dangerous and justifies the imprisonment of those individuals.
However, the identification of the violent recidivist is not infallible.
We are not at the point where we can achieve a level of prediction that
is free from error. And considering the high levels of incarceration, I
sometimes wonder whether risk instruments serve to identify the
highly dangerous a priori or simply serve to justify decisions already
made.
Using risk instruments to identify lower risk offenders who can be
placed in a noncustodial setting is a tougher sell (albeit the identifica-
tion of low-risk offenders is also not perfect). I learned this the hard
way. In the early LSI-R research, I tried to convince various jurisdic-
tions that we were overusing incarceration as a sanction and that we
could use the instrument to identify inmates for community place-
ment. That is, there were many offenders who did not need to be in
prison for long periods of time. Many of my arguments fell on deaf
ears. Larry Motiuk, who worked with me on a number of these pro-
jects, joked that maybe the name should be changed from Level of Ser-
vice Inventory to “Locked Securely Inside.” I am glad that we fol-
lowed the least restrictive custody principle.
SUMMARY
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