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Introduction

This topic covers how to survey the problem areas with the offender, including the:

  • skills required to do this, and
  • checks to make at the end of this stage.

This stage should not take more than one hour to complete.

Skills focus

Focus on the following during this stage:

  • clear communication
  • building empathy
  • interviewing and rapport building
  • pro-social modeling, especially reinforcing:
    • participation in the discussion
    • any identification of offending-related problems, and
    • steps the offender may have taken to address the problem.
  • identifying and challenging distorted thinking or faulty reasoning, especially comments that indicate no or low responsibility for the offending behaviours, and
  • motivational interviewing skills, especially when:
    • exploring barriers to change, and
    • reviewing the costs and benefits of continuing with current behaviour.
Steps to take

Follow these steps to survey the problem areas with the offender.

Step

Action

1

Introduce this stage of the process to the offender. Explain that its purpose is to:

  • develop a list of problems and issues that relate to their offending, and
  • build on the process that occurred in the pre-sentence assessment.

Note: If the offender resists acknowledging their problems, refer to the information mentioned in the pre-sentence report (PSR). Apply motivational interviewing skills.

2

Investigate the problems that relate to the offender???s offending in the following ways:

  • discuss and explore with the offender their current and previous offences in relation to problems and issues in their lives, and how these may have led to the offending
  • identify any changing patterns in the offending problem areas, and
  • obtain background information by:
    • reviewing file documents, and
    • inviting the offender to identify factors that relate to the offending.

3

If the offender???s motivation levels have dropped, or the offender is unwilling/unable to identify their problems or issues:

  • address any issues around resistance. Refer to sentence planning indicator (SPI)/offender information report (OIR) and issues mentioned in the PSR and apply motivational interviewing skills (e.g. cost benefit analysis regarding issue), or
  • refocus the discussion onto what the offender would like to change about their life, and discuss changes as problems to deal with.

Reference: See the SPI/OIR or PSR.

4

Reflect back on discussion and ask the offender to identify problems to work on (e.g. alcohol and other drugs, anger, associates, driving behaviour). Write these problems down.

Important:

  • Ensure that the offender is involved in identifying what should go on the list.
  • Ensure that all the relevant problems and issues have been included.

5

Summarise the identified problems and why they were chosen to reinforce the list. Check that the offender agrees with, and is committed to, the list.



Resistance or lack of motivation

If the offender remains unmotivated or continues to resist the process, decide on the future direction of their sentence management. Ensure that the rationale for any decision is clearly documented and links with the offender???s sentence conditions.

Checklist

Check that the offender is:

  • engaging in the discussion
  • willing to receive feedback about their offending behaviour
  • open and able to express their concerns or interests, and
  • able to identify problems and/or issues that are associated with their offending.

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