Evidence-based justice – or NOT!

It’s hard to generate good evidence on which to base policy and programs. It’s even harder when that evidence exists, is publicly available and blatantly ignored.

Let’s talk about generating evidence first…

Sometimes when we talk about comparing a group receiving services to a group not receiving services, it is argued that it is unethical to deny anyone a service (this always comes up when planning social impact bonds and other pay for success programs). There is an underlying assumption in this argument that all services are beneficial to their recipients. Results from the Justice Data Lab in the UK show that services are not always beneficial, as some programs that intended to reduce reoffending actually increased reoffending.

Justice Data Lab Oct results

The Justice Data Lab was launched on a trial basis in April 2013. For organisations delivering services to reduce reoffending, it provided the first opportunity to have an effect size calculated against a matched national comparison group, for no financial cost. A key condition of the Justice Data Lab was that the Ministry of Justice would publish all results.

For more information on how the Lab works, see the brief summary I wrote last year.

Critics of the Justice Data Lab point out that organisations are able to choose which names they submit, so are able to bias the results. Despite this, not all results have been positive.

Up to October 2014, 93 programs have applied. Only 30 of these had statistically significant results. Of these, 25 were shown to reduce reoffending and five increased reoffending.

Justice Data Lab Oct results 2

[Technical note: Non-statistically significant results could be due to a number of features in combination, including small effect size (difference between those receiving the service and similar ex-offenders not receiving the service), small sample size (how many people were in the program) and low matching rate. The Justice Data Lab requires that at least 60 people’s names be submitted for matching with similar ex-offenders, but is not always able to match them all. If only 30 offenders were able to be matched, the program would have to have an effect size of at least 15 percentage points in order for the result to be statistically significant with 95% confidence. That is very high – only one of the programs so far has produced a difference of greater than 15 percentage points. (A confidence level of 95% means that if the program were repeated 100 times, at least 95 times the observed effect would be due to the program and the remaining times the observed effect would occur by chance.)]

The UK is currently undergoing a huge policy reform, Transforming Rehabilitation. What role the Justice Data Lab and its results will play in this process is unknown. Sometimes the hardest part of the evidence cycle is making decisions that reflect the evidence.

Disney’s anti-evidence programmingBeyond Scared Straight

Perhaps the most notorious of programs that consistently increases reoffending is Scared Straight. Scared Straight involves taking young people into prisons, where they speak to incarcerated offenders and ‘experience’ being locked up. The idea is that they’re so shocked by what they see they will never offend themselves and risk a life behind bars. Unfortunately, for the young people participating in these programs, the incidence of prison increases.

Scared Straight programs spread across the US after a documentary of the same name won an Academy Award in 1979. The effect of many of these programs was not evaluated, but there were two studies published only a few years later, in 1982 and 1983, showing that out of seven evaluations, not once did the program reduce reoffending, and that overall the program increased reoffending. These analyses have been repeated several times, but the results remain the same (Petrosino (2013) Scared Straight Update).

Scared Straight

Despite this evidence being publicly available and fairly well known, in January 2011, the Disney-owned TV channel A&E began to broadcast their new series Beyond Scared Straight. The program follows “at-risk teens” and is “aimed at deterring them from a life of crime”. Despite outcry, public condemnation and petitions, the channel refuses to cancel the series, which is about to enter its eighth season.

The Washington State Institute for Public Policy estimates that each dollar spent on Scared Straight programs incurs costs of $166.88, making it the only juvenile justice program in their list with a negative cost:benefit ratio (see their summary below).

WSIPP Scared Straight

For the young people enticed into the program, their prize is not only a terrifying experience, but a greater likelihood of a stint in one of the unhappiest places on Earth.

Useful references

The Cochrane Collaboration – systematic reviews of evaluations in health.

The Campbell Collaboration – sister of Cochrane for other policy areas e.g. where the Scared Straight update is published.

Test, Learn, Adapt: Developing Public Policy with Randomised Controlled Trials – from the UK Cabinet Office clearly sets out how public programs can use randomised controlled trials to develop evidence-based programs. Rather than ‘denying’ service, the authors encourage randomisation of rollout of a new program, for example, as a cost-neutral way of enabling better data collection and learning.

Creating a ‘Data Lab’ – from NPC, about submitting the proposal that initiated the Justice Data Lab and continuing work to seed similar programs in other service areas.

Transforming Rehabilitation: a summary of evidence on reducing reoffending (second edition) – 2014 – published by the Ministry of Justice

What Works to Reduce Reoffending: A Summary of the Evidence – 2011 – published by the Scottish Government

The Peterborough Social Impact Bond (SIB) conspiracy

If you think Social Impact Bonds are the biggest thing to hit public policy EVER, then you were probably horrified at the cancellation of the final cohort of the flagship Peterborough SIB. How is it possible? What does it mean?

Since the news was broken in April this year (2014), I’ve had questions from as far afield as Japan and Israel trying to discover the UK Government’s TRUE agenda. More recently, at the SOCAP Conference in San Francisco in August, it was raised again. Eileen Neely from Living Cities, which has provided $1.5 million in loan financing for the Massachusetts Social Impact Bond was discussing “shut down risk: what happens if one of the parties decide they don’t want to play.”

She said, “In the Peterborough deal in the UK, the government decided that they weren’t going to play any more… so there’s some who say ‘Oh it’s because it wasn’t going well’ and others are saying ‘It was cos it was going too well’ so whichever it is, they decided that they weren’t going to do it, that they weren’t going to go into the next cohort, so what does that mean to the investors?” Eileen made it quite clear “I haven’t talked to any of the participants there, I’m just outside, reading the articles and the blogs …”

I thought it was about time we summarised the evidence for those who continue to ask these questions. Continue reading

Fewer criminals or less crime? Frequency v binary measures in criminal justice

The June 2013 interim results released by the Ministry of Justice gave us a chance to examine the relationship between the number of criminals and the number of crimes they commit. The number of criminals is referred to as a binary measure, since offenders can be in only one of two categories: those who reoffend and those who don’t. The number of crimes is referred to as a frequency measure, as it focuses on how many crimes a reoffender commits.

The payments for the Peterborough SIB are based on the frequency measure. Please note that the interim results are not calculated in precisely the same way as the payments for the SIB will be made. [update: the results from the first cohort of the Peterborough SIB were released in August 2014 showing a reduction in offending of 8.4% compared to the matched national comparison group.]

In the period the Peterborough SIB delivered services to the first cohort (9 Sept 2010-1July 2012), the proportion of crimes committed over the six months following each prisoner’s release reduced by 6.9% and the proportion of criminals by 5.8%. In the same period, there was a national increase in continuing criminals of 5.4%, but an even larger increase of 14.5% in the number of crimes they commit. The current burning issue is not that there are more reoffenders, it is that those who reoffend are reoffending more frequently.

Criminals or crime 1Criminals (binary measure) in this instance are defined as the “Proportion of offenders who commit one or more proven reoffences”. A proven reoffence means “proven by conviction at court or a caution either in those 12 months or in a further 6 months”, rather than simply being arrested or charged.

Crime (frequency measure) in this instance is defined as “Any re-conviction event (sentencing occasion) relating to offences committed in the 12 months following release from prison, and resulting in conviction at court either in those 12 months or in a further 6 months (Note: excludes cautions).”

The two measures are related – you would generally expect more criminals to commit more crimes. But the way reoffending results are measured creates incentives for service providers. If our purpose is to reduce crime and really help those who impose the greatest costs on our society and justice system, we would choose a frequency measure of the number of crimes. If our purpose is to help those who might commit one or two more crimes to abstain from committing any at all, then we would choose a binary measure.Criminals or crime 2Source of data: NSW Bureau of Crime Statistics and Research

The effect of the binary measure in practice: Doncaster Prison

A Payment by Results (PbR) pilot was launched in October 2011 at Doncaster Prison to test the impact of a PbR model on reducing reconvictions. The pilot is being delivered by Serco and Catch22 (‘the Alliance’). The impact of the pilot is being assessed using a binary outcome measure, which is the proportion of prison leavers who are convicted of one or more offences in the 12 months following their release. The Alliance chose to withdraw community support for offenders who are reconvicted within the 12 month period post-release as they feel that this does not represent the best use of their resources. Some delivery staff reported frustration that support is withdrawn, undermining the interventions previously undertaken. (Ministry of Justice, Process Evaluation of the HMP Doncaster Payment by Results Pilot: Phase 2 findings.)

I have heard politicians and policy makers argue that the public are more interested in reducing or ‘fixing’ criminals than helping them offend less, and thus the success of our programmes needs to be based on a binary measure. I don’t think it’s that hard to make a case for reducing crime. People can relate to a reduction in aggravated burglaries. Let’s get intentional with the measures we use.

Ministry of Justice (UK) innovation pilot invites the market to design new financing mechanisms

This pilot was put on hold (indefinitely) by the new Justice Secretary as he introduced his widespread probation payment-by-results program

In August 2011, Minister for Prisons and Probations, Crispin Blunt MP introduced the innovation pilot programme with

It has, for too long in my view, been held that Whitehall knows best.  I can only imagine how dispiriting it must be for well-intentioned organisations to try to influence the government and come up against what must sometimes seem like an impenetrable barrier…  The government has listened and is not shying away from creating a market for public service delivery that is open to this innovation. 

The briefing presentation that went with this includes:

  • a request for proposals that are of sufficient size for payment and evaluation, focus on outcome measures, create incentives to intervene with the entire cohort and use measurement as a trigger for payments
  • an intention for at least one pilot to result
  • an allocation of £20m for success payments
  • outlines of Peterborough SIB and Doncaster Prison payment by results contracts

Following this, in December 2011, the Ministry of Justice (UK) released an open tender asking organisations to propose both innovative funding and service delivery models to tackle reoffending called Payment by results – innovation pilots. These pilots are on top of six other payments-by-results pilots they are running.

What’s interesting about this?

  1. This is the first tender I’ve seen where a government is open to market suggestions for financing mechanism to reward outcomes. We might see new payment by results mechanisms.
  2. Prior to this, the only government organisation to run a competitive process for a Social Impact Bond had been the NSW Government with their Social Benefit Bonds Trial. This tender goes beyond that and is open to any payment by results financing model.
  3. Innovation = new = increased perceived risk. The Ministry of Justice has a decade-long history of tying payment rewards and penalties to their prison management contracts and was the first government organisation to implement a Social Impact Bond. It also broke ground with its Doncaster Prison payment-by-results contract, where 10% of contract payments are tied to a single reoffending indicator. It will be interesting to see how the risk of new financial mechanisms may be reduced, for example by cornerstone payments or existing programs with strong evidence behind them. Or the risk of new programs may be offset by a more established financial mechanism.
  4. Justice is leading the field in payment by results initiatives around the globe. Employment services contracts used to be the most innovative. Which service area will be next to emerge and how far can payment by results be feasibly extended?

The official tender information on Payment by results – Innovation pilots was released in December 2011. Prequalification questionnaires were submitted in January 2012 and organisations then engaged in developing proposals.

Both lots contain the text:

We seek to develop the market for payment by results through innovative forms of finance and strong involvement from voluntary and social enterprise organisations, including smaller organisations and; as part of the payment by results programme of pilots learn what works and develop a broader evidence base to support design of future policy.
Contract duration is dependent on proposal details. We expect pilots to run for no less than 2 years and no more than 6 years. Up to 20 000 000 GBP has been identified for rewarding successful outcomes of innovation pilots. This funding for outcome payments is for the whole innovation pilots programme. The potential for a small amount of start up funding or working capital is also available. MoJ will consider providing working capital, the precise amount to be negotiated as part of the contracting process.

Lot 1 is looking for programs for short term prisoners that are an

innovative approach to tackling re-offending of offenders who have served a sentence imposed by a Court and have been released from sentences of less than 12 months.

And Lot 2 asks proponents to define their cohort for an

innovative approach to tackling re-offending of offenders; we will accept proposals that focus on offender cohort and any size cohort.

The tender will be awarded to

the most economically advantageous tender in terms of the criteria stated below:

1. Operational service delivery. Weighting 20

2. Commercial financial. Weighting 203. Partnership & stakeholders. Weighting 15

4. Commercial legal. Weighting 10

5. Supply chain management. Weighting 10

6. Implementation. Weighting 107. Human resources & organisational change. Weighting 5

8. ICT & information security. Weighting 5

9. Continuous improvement. Weighting 5