Incentives In Your Treatment Courts: Are You Focused On The Right Thing?

By: Helen Harberts, Guest Author

Most treatment courts are well aware of the importance of responding to participant behavior in a swift and certain manner. Reliable detection of good behavior and undesired behavior, with rapid responses, is the most effective form of behavior modification in the treatment court population. Most treatment courts know that severity of the response in a sanction must be individualized and generally be minimal.

However, many treatment court still do not pay enough attention to the true motivator of change: incentives. How do you improve your focus on this critical response to participant behavior? Do you make certain that you discuss responses to each behavior that is expected? Do you have a process which makes certain you are not overlooking incentives each and every occasion? Does your delivery of the responses explain exactly what the person did right and why it was important? Do you take the time to have a dialog with that person to ensure that they internalize your message? You might want to consider each of these items, and a couple more!

Improving Your Results

The research on the ratio of incentives to sanctions is often quoted at 4 to 1. A review of the literature demonstrates 4 to 1 is the beginning of the improvement point. (Widahl, E.J., Garland, B., Culhane, S.S. and McCarty, W.P. (2011), Utilizing Behavioral Interventions to Improve Supervision Outcomes in Community-Based Corrections. Criminal Justice and Behavior, 38 (4). Indeed, the Houston Texas Sober DUI Court, (Hon. Diane Bull, Presiding) followed the research further and moved the ratio from 4 to 1 to 10 to 1. They did so by focusing attention on incentives like a laser. They track and document each incentive given by the team in each report. They changed the culture of the team to one of incentives as the primary behavior modification device, and they counted each incentive. Remember: what gets counted, gets done.

The results? The DWI Court retention and completion rate increased by 10 points. Further, participants developed responsive skills that enhanced their interactions with the Court. Telling a participant that they did a “good job” does not provide enough clarity for them. Therefore, Judge Bull developed a script for reinforcing the behavior she wanted repeated or corrected. She discussed these things with the participant until they can see what is important, and why. Then she couples it with a response. It has made a difference.

What we count matters, because it changes what we emphasize. The research tells us we will always need to sanction undesired behavior. But the REAL engine of change is incentives. Change your focus and change your participants! Change your outcomes. Focus on incentives. Count them, deliver them. Use them when they are deserved and make it clear why you are pleased. Get to 10-1.

Possibly Language on Incentives and Sanctions

Effective Disapproval

• “I really disappointed that you _____(describe noncompliant behavior)__________
  • because_____(describe WHY the behavior was harmful for the client)__________.”
• “Right now, how do you think this behavior has or could hurt you?”
• “Can you see where continuing the behavior might cause any problems for you down the road?”
• “Let’s discuss what you could have done instead, and how that would have looked.” (Guide client to express his thoughts and ideas about his behavior.)
• “You have to ____(INSERT PUNISHMENT)_____for this behavior.” 
• “I am confident that you are able to turn this around (OPTIONAL: “with the help of ______________ “) and when you come back next time, I want to hear how about how well you are doing.”

Effective Reinforcement

• “I really liked how you _____(describe compliant behavior)__________
  • because_____(describe WHY the behavior was good for the client)__________.”
  • Add verbal affirmation, acknowledging client’s efforts. (“You should be proud of yourself; I know you have worked hard to change.”)
• “Right now, how do you think this behavior has, or will, help you?”
• “Can you see where it might have any long term benefits for you?”
• “I’m going to issue you a ____(INSERT REWARD)_____for this behavior.
• I’m really proud of you.  Keep up the great work!”

 

Editor’s Note:  In the United States, May is National Drug Court Month.