Laws in various states authorize or sometimes require the use of pretrial risk assessment tools for criminal defendants. These assessments can serve an integral role in the criminal justice system, balancing the defendant’s rights with the public’s safety. They contain recommendations to courts based on each defendant’s individual circumstances.
Overview of Risk Assessments in Oklahoma
Oklahoma uses risk and needs assessment and evaluation instruments that are designed to predict the risk of reoffending. The Oklahoma Department of Corrections approved this instrument for this purpose. This instrument helps to identify the extent of the defendant’s deficiencies and pro-social needs, the potential risk of committing additional crimes that threaten public safety, and the appropriateness of various community punishments.
The assessment is necessary for defendants considered for any community punishment under the Oklahoma Community Sentencing Act. Only eligible offenders are eligible for any state-funded community punishments.
The risk and needs assessment uses an actuarial evaluation to help make decisions. These evaluations are similar to what insurance companies use when predicting the likelihood of certain events, such as car accidents or death, for determining eligibility and rates for auto insurance and life insurance, respectively. The actuarial evaluation approximates a person’s likelihood to reoffend and determines the needs that must be addressed to reduce that likelihood.
How Oklahoma’s Risk Assessment Was Developed
Oklahoma authorities reviewed several resources when they developed the risk assessment tool, including those from the National Institute of Corrections, the Substance Abuse and Mental Health Services Administration, the National Institute of Health, and peer-reviewed journals to determine the most appropriate risk screening, mental health, and substance abuse instruments. The assessment tool uses scientifically validated screening tools to determine the defendant’s level of risk and to determine the most appropriate level of supervision and level of services for each individual defendant.
The Process of Obtaining Risk Assessments in Oklahoma
The criminal court can order the defendant to submit to the risk and needs assessment. A person trained in performing these assessments is assigned the case.
The completed risk and needs assessment includes a written supervision plan and identifies an appropriate community punishment recommendation, if any. The court reviews the assessment and plan before determining sentencing. The defendant is not informed of which diversion they are being recommended for. The screener is given specific instructions on how to respond if the defendant asks about the recommendation, informing them of the purpose of the tool and that they will provide a report to the court for it to consider appropriate sentencing.
If the defendant cannot be adequately evaluated using the assessment tool, they are considered ineligible for any community services under the Oklahoma Community Sentencing Act and are sentenced in a way otherwise provided by law. Likewise, if the defendant willfully fails to submit or refuses to submit to the evaluation, they are ineligible for any community punishment.
The court is not required to sentence any offender to a community punishment even when they have an eligible score for this type of punishment. Therefore, the tool and plan are advisory, but not mandatory.
When Risk Assessments Are Used in Oklahoma
Some states use risk assessments at the beginning stage of the criminal process to protect the public from someone who may pose a risk to them. In Oklahoma, risk assessments tend to be used later in the process.
After March 1, 2000, each defendant considered for any community punishment provided for under the Oklahoma Community Sentencing Act is ordered to submit to an assessment and evaluation before sentencing. This could be immediately prior to sentencing or earlier in the process. If an assessment was completed within six months of sentencing, the judge can determine that no additional assessment is necessary.
Factors Considered in Risk Assessments
Risk and needs assessment consists of questions that are determined to ascertain a person’s criminal behavior and history, attitudes, personality, and life circumstances. They consider static or past activities, such as age and criminal history, and dynamic or present considerations, such as behavioral health needs or antisocial attitudes.
Oklahoma’s risk assessment tool considers three factors: criminogenic risk (the risk of re-offending with no intervention), substance use treatment need, and mental health treatment need. The results are scored to classify the defendant as low, medium, or high risk of reoffending, reaching a final score at the end of the assessment.
Information specified in the assessment and screening report includes the following:
- Criminal history
- Substance use level
- Criminogenic risk level
- Mental health problems
- Peer associations
- Type of drug(s) used
- Problems with the community or family
- Family and social support
- Criminal attitudes
- Behavioral patterns
- Education
- Employment
- Financial situation
This assessment does not recommend any specific penitentiary time, as it is used to determine community supervision punishments and resources. The assessment includes a primary and secondary recommendation for diversion programs.
The accompanying report contains additional information about how the screening occurred, what factors were considered, and why certain recommendations were made.
About Screeners
Screeners are used pursuant to a service agreement with the local community sentencing system. A person completing the screening must be appropriately trained and certified. These individuals must participate in a training and pass the post-training competency test, complete the Offender Screening Supplemental training, and complete a county-specific diversion program matrix.
Screeners collaborate with local jail staff and other community members to establish processes to access and assess inmates and defendants to conduct screenings, which may occur in person, via phone, or through non-contact visitation.
Contact an Experienced Criminal Defense Lawyer for Assistance
The criminal justice system can be confusing and intimidating to navigate alone. Risk assessments do not dictate which type of punishment you may face if convicted, but instead identify available services that would likely result in the best outcome for you and the public, increasing the likelihood of successful prison diversion. An experienced criminal defense attorney from Fassio Law can review your report and ensure your rights are protected during the process. Contact us today to learn more.
Related: What to Do Immediately After Being Arrested in Oklahoma
