T he number of people incarcerated in federal prisons increased dramatically over the past three decades. However, even with the recent decrease in the number of federal prison inmates, the federal prison population is more than seven times larger than it was three decades ago. Concerns about both the economic and social consequences of the country's burgeoning prison population have resulted in a range of organizations including the American Civil Liberties Union, Right on Crime, and the American Conservative Union's Center for Criminal Justice Reform calling for reforms to the nation's criminal justice system. This assessment is used to place inmates in facilities commensurate with their security needs. Under the proposed system, some inmates would be eligible for earned time credits for participating in rehabilitative programs that reduce their risk of recidivism. Such credits would allow inmates to be placed in prerelease custody earlier than under their original sentences. This includes a discussion of the Risk-Needs-Responsivity principles, which have become the dominant paradigm for reducing the likelihood of recidivism among convicted offenders. Assessment instruments typically consist of a series of questions that help guide an interview with an offender in order to collect data on behaviors and attitudes that research indicates are related to the risk of recidivism. Static risk factors do not change over time. Dynamic risk factors, also called "criminogenic needs," change and/or can be addressed through interventions. In general, research indicates that most commonly used risk and needs assessment instruments can, with a moderate level of accuracy, predict who is at risk for recidivism. It also indicates that of the most commonly used risk and needs assessments, no one instrument is superior to any other when it comes to predictive validity. The risk principle states that high-risk offenders need to be placed in programs that provide more intensive treatment and services while low-risk offenders should receive minimal or even no intervention. Needs Principle

The needs principle states that effective treatment should focus on addressing criminogenic needs, that is, dynamic risk factors that are highly correlated with criminal conduct. Responsivity Principle

The responsivity principle states that rehabilitative programming should be delivered in a style and mode that is consistent with the ability and learning style of the offender. Implementing an assessment system and offender programming regime that adheres to the RNR principles in federal prisons is, based on the current research, an evidence-based way to better match inmates with the rehabilitative programming they need, and when combined with earned time credits for some inmates who complete rehabilitative programs and productive activities, it might provide a means for reducing the federal prison population without increasing the risk to public safety. Policymakers might be interested in steps that can be taken to reduce the potential for bias in risk and needs assessment. The recommendations of the Council of State Governments are consistent with requirements in legislation before Congress that would require DOJ to validate the proposed risk and needs assessment instrument on the federal prison population, use the best available research on risk and needs assessment when developing the proposed risk and needs assessment system, make regular adjustments to the system to ensure that it does not result in any unwarranted disparities, train assessors on how to properly use the system, and monitor and assess the use of the system and periodically audit its use in BOP facilities. Should Certain Inmates Be Excluded from Receiving Time Credits? Should Priority Be Given to High-Risk Offenders? Should Risk and Needs Assessment Be Used in Sentencing? Should There Be a Decreased Emphasis on Long Prison Sentences? Legislation before Congress would exempt inmates convicted of certain crimes from being eligible for earned time credits.
The number of people incarcerated in federal prisons increased dramatically over the past three decades. While the number of inmates in the federal prison system has decreased since FY2013, the federal prison population remains substantially larger than it was three decades ago.
Concerns about both the economic and social consequences of the country's reliance on incarceration have led to calls for reforms to the nation's criminal justice system, including improving the federal prison system's ability to rehabilitate incarcerated offenders by better assessing their risk for recidivism and addressing their criminogenic needs. "Criminogenic needs" are factors that contribute to criminal behavior that can be changed and/or addressed through interventions.
There have been legislative proposals to implement a risk and needs assessment system in federal prisons. The system would be used to place inmates in appropriate rehabilitative programs. Under the proposed system some inmates would be eligible for earned time credits for completing rehabilitative programs that reduce their risk of recidivism. Such credits would allow inmates to be placed on prerelease custody earlier. The proposed system would exclude inmates convicted of certain offenses from being eligible for earned time credits.
Risk and needs assessment instruments typically consist of a series of items used to collect data on offender behaviors and attitudes that research indicates are related to the risk of recidivism. Generally, inmates are classified as being at a high, moderate, or low risk of recidivism. Assessment instruments are comprised of static and dynamic risk factors. Static risk factors do not change (e.g., age at first arrest or gender), while dynamic risk factors can either change on their own or be changed through an intervention (e.g., current age, education level, or employment status). In general, research suggests that the most commonly used assessment instruments can, with a moderate level of accuracy, predict who is at risk for violent recidivism. It also suggests that of the most commonly used risk assessments none distinguishes itself from the others when it comes to predictive validity.
The Risk-Needs-Responsivity (RNR) model has become the dominant paradigm in risk and needs assessment. The risk principle states that convicted offenders need to be placed in programs that are commensurate with their risk level; in other words, provide more intensive treatment and services to high-risk offenders while low-risk offenders should receive minimal or even no intervention. The need principle states that effective treatment should also focus on addressing the criminogenic needs that contribute to criminal behavior. The responsivity principle states that rehabilitative programming should be delivered in a style and mode that is consistent with the ability and learning style of the offender.
There are several issues policymakers might contemplate should Congress choose to consider legislation to implement a risk and needs assessment system in federal prisons, including the following:
Is there the potential for bias in the use of risk and needs assessment? Should certain inmates be ineligible for earned time credits? Should prison programming focus on inmates at high risk of recidivism? Should risk assessment be incorporated into sentencing? Should there be a decreased focus on long prison sentences?