1/08/2019 mixing oil and water: the path to change in

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Mixing Oil and Water: The Path to Change in Correctional Therapeutic Environments in Victoria

Simone ShawClinical DirectorCorrections Victoria

Introduction

• Corrections Victoria (CV) strives to increase the safety of its community by implementing cutting edge therapeutic solutions to managing the risk of some of Victoria’s highest risk offenders

• Drawing on the ‘what works’ literature, CV opened an intensive treatment and supervision facility, Rivergum, in late 2018 to service men who have committed either sexual or violent offences (or both), who are subject to Victoria’s post‐sentence scheme

• Rivergum presents a unique opportunity for CV to facilitate pro‐social change in residents through immersion in a supportive and therapeutic environment, with a view to protecting the community through reductions in recidivism

• Post sentence is a civil, non‐punitive scheme in operation in Victoria since 2005

• The Serious Offenders Act (SOA) 2018 provides for the ongoing supervision or detention of serious offenders upon expiry of a custodial sentence for certain eligible (sexual and/or violent) offences

• The SOA is also subject to the Victorian Charter of Human Rights and Responsibilities Act 2006

Post‐Sentence Legislation in Victoria

Post‐Sentence Legislation

• The SOA was introduced into legislation in Victoria in September 2018 (Harper review)

• The primary purpose of the SOA:• To enhance community protection by requiring offenders who have served custodial sentences for certain serious interpersonal harm offences (sexual and/or violent), but who continue to pose an unacceptable risk of harm to the community, to be further detained or supervised

• There are three types of orders established under the SOA:

• Supervision order (SO)

• Detention order (DO)

• Emergency Detention order (EDO)

• Only the Supreme Court may make a DO or an EDO

• Both the County and the Supreme Court may make a SO

Post‐Sentence Legislation in Victoria

Supervision order (SO)

• The Court may make a SO for up to 15 years with mandatory reviews to be undertaken at least every three years

• SO offenders are community members

• They may reside: • Independently in the community,

• In a form of supported accommodation in the community, or

• At a Residential Facility or Residential Treatment Centre operated by CV

Post Sentence Legislation in Victoria

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Detention order (DO)

• Offenders subject to a DO remain in prison custody

• Supervised by CV Prison and (depending on location) Community Correctional Services (CCS) staff

• The Court may make a DO for up to 3 years with mandatory reviews undertaken at least once per year


Emergency Detention order (EDO) • The Supreme Court may make an EDO for the

detention of an offender who is subject to a Supervision Order or an Interim Supervision Order offender for a maximum period of seven days

• An EDO may only be made if it appears to the Court that because of altered circumstances, the offender poses an imminent risk of committing a serious sexual, or serious violent, offence (or both) if an EDO is not made


Offences include:• Rape• Incest• Possession or production of child pornography• Sexual penetration• Indecent assault• Indecent acts, or• An equivalent offence committed outside of Victoria

(including an offence of conspiracy to commit, incitement to commit or attempting to commit such an offence)

• Exception – Criteria 2 summary offences will be removed “distribution of an intimate image or threat to distribute an intimate image”

• Two recent additional Crimes Act offences – home invasion & aggravated home invasion – will be included where they are committed with intent to commit a serious sexual offence

Eligibility Criteria for Serious Sexual Offences

• Offences include but are not limited to: • Murder• Manslaughter• Defensive homicide• Child homicide• Arson causing death• Causing serious injury in circumstances of gross violence

(intentionally or recklessly)• Causing serious injury (intentionally or recklessly)• Kidnapping, or • An equivalent offence committed outside of Victoria

(and including an offence of conspiracy to commit, incitement to commit or attempting to commit such an offence)

Eligibility Criteria for Serious Violent Offences

Current Numbers 19th July 2019

Type of Order Total Number

Supervision Order (Sexual Offence)

122

Interim Supervision Order (SO) 3

Supervision Order (Violent Offence)

4

Interim Supervision Order (VO) 1

Detention Order 3

The new Act

Amended the post sentence eligibility criteria to:

a) include certain serious violent offences, and

b) only include those convicted and sentenced by higher courts

Established new Emergency Detention Orders

Established the new Rivergum Residential Treatment Facility for post‐sentence offenders who require intensive treatment and supervision in a secure environment

Ultimately replaces the existing Serious Sex Offenders Detention and Supervision Act 2009*

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Rivergum Residential Treatment Facility


• Specialist facility that provides for intensive treatment, supervision, and transition, of men who have committed serious sexual or violent offences (or both)• The Supreme or County Court determines whether an offender is placed at Rivergum • The Court must be satisfied that it is:

• Necessary to reduce the risk of the person committing a serious sexual or violence offence (or both), AND

• Less restrictive means of managing the risk have been tried or considered


•The intensive treatment and supervision condition will operate for two years

• Option to renew for 12 months • Can only be extended for a subsequent 12 months in “exceptional circumstances”

•The condition will be reviewed every 12 months•Current Cohort•3 men on Supervision Orders for Violent Offences


• Conundrum• We have a legislative imperative to cater for men who have

committed serious sexual and violent offences in the one facility

• How do we work effectively with these two seemingly opposing cohorts?

• Aims: protect the community from people who choose to harm others

• Meaningfully engage (not just contain) these individuals who have previously demonstrated resistance in a change process aimed at reducing recidivism risk, and

• Maintain a safe and therapeutic environment at the same time


• Corrections Victoria drew on best practice international literature and experience to begin to create a therapeutic environment that could meet this obligation

• The first imperative was to create the right physical environment…

Key features of the facility

20 individual accommodation units, in 5 neighbourhoods

An administration and programs building at the front of the facility

Not institutional in appearance or operation, with an intended residential look and feel

Multipurpose rooms to deliver rehabilitation programs and education

Flexibility to separate residents if required for safety purposes

Discrete security features and emergency access road

Security features, including CCTV and detect and delay features

Key Features of the Facility

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Rivergum: Design and Layout

Corrections Victoria

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• The next issues pertained to philosophy• Not technically a ‘therapeutic community’ because of:

• Mandated nature of post‐sentence legislation, and

• Residential condition itself (imposed by court)

• However extensive research illuminated the role of ‘Psychologically Informed Planned Environments’ (PIPEs) in creating a valid therapeutic environment with a mixed, mandated cohort


• The PIPEs model in the UK has had success in treating offenders within a compulsory setting

• Additionally, these units include both high risk violent and sexual offenders, with a high prevalence of personality disorder

• Exactly the cohort we were expecting to become eligible for Rivergum


3 Key elements of the UK PIPEs units include:

1. Staff training/development and clinical supervision

2. The development of an enabling environment

3. A focus on the development of good relationships


1. Staff training/development and clinical supervision

• In order to promote a psychologically supportive environment, non‐clinical staff receive training in relational practice

• Clinical staff provide:

• Clinical leadership,

• Training, and

• Supervision, to ensure staff remain consistent and committed to the PIPE way of working


2. The development of an enabling environment• Defined by ten core values‐based standards reflective

of a positive and effective social environment

Belonging Boundaries

Communication Development

Involvement Safety

Structure Empowerment

Leadership Openness

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3. A focus on the development of good relationships

• Relationships between all members of the facility in different work and leisure circumstances are viewed as imperative to success

• This is achieved via: • Formal and voluntary groups, • Individual keyworker sessions, and• Partnerships with external agencies


• Importantly, the model does not allow residents to control and make decisions on who comes or goes

• Evaluations of PIPEs have found:

• True joint working between correctional and mental health staff

• Joint formulation helpful to offenders and staff

• Improved staff competence, confidence and well‐being

• Improved relationships between offenders and staff

• Less violence and disciplinary infractions

• Reduced self‐harm and use of health services

• Reduced criminogenic needs and risk ratings


• It was on this basis, coupled with the ‘What Works’ in correctional programming literature that Rivergum’s working philosophy was based

• From the ‘Nothing Works’ debacle of 1974, came the ‘What Works' research, which clearly articulated:

That the sole focus on punishment maderecidivism worse!!


• Meta‐analysis research post‐’Nothing Works’ has identified many treatment principles that offered reliable reductions in recidivism, along with increased engagement in meaningful treatment


• For Rivergum and its staff, this has meant adopting a strengths‐based psychological approach to behaviour change and risk reduction:

• Therapeutic Alliance• Motivational Interviewing/Interactions• Pro‐Social Modelling• Growth Mindset• Trauma Informed Care• All delivered within healthy and professional boundaries


• On‐site Rivergum staff include:• General Manager

• Team Leaders

• A Clinical Team• Clinical Services Manager (Psychologist)• Senior Psychologists• Senior Clinician• Occupational Therapist

• A Case Management Team• Principal Practitioner• Specialist Case Managers

• Specialist Case Workers• A medical team (in‐reach)

1/08/2019 mixing oil and water: the path to change in

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