Evidence of meeting #23 for Public Safety and National Security in the 41st Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was treatment.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Mike Nellis  Emeritus Professor, Criminal and Community Justice, University of Strathclyde, School of Law, As an Individual
James Bonta  Director, Corrections Research Unit, Department of Public Safety

4:33 p.m.

Dr. James Bonta Director, Corrections Research Unit, Department of Public Safety

Thank you very much. I'd like to thank the committee for giving me the opportunity to speak on this subject.

What I did bring was a two-page summary of the research we did earlier, in the late 1990s. I only brought three copies of the full report because I thought it would bore everyone, and the summary is much better.

As a preface to what I have to say, my major interest, and the interest of our research unit in public safety, is to look at ways of promoting public safety and to do so in a cost-effective manner. That's the general mandate for what we're trying to do.

In the late 1990s, I was involved with a research team that evaluated three electronic monitoring programs in three provinces in this country. It was the largest evaluation of its type, so I have some hands-on experience as to how electronic monitoring works and what we found out about it.

I thought electronic monitoring went off the radar, so to speak, after that report, but obviously it has come to people's attention again. In the last few years, I became involved with a pilot project by the Correctional Service of Canada in which they decided to test out electronic monitoring. I was an adviser on their evaluation committee, so I will make a few comments on that project.

I'd like to give a very quick summary of the evidence. What do we know about the effectiveness of electronic monitoring?

I'm not sure if many of you are aware of the history of electronic monitoring. It was first proposed in 1967 as a way of monitoring juvenile delinquents and also as a way of monitoring people in psychiatric hospitals and other kinds of settings. However, it never got any traction in corrections until 1983 when, so the story goes—and I'm not making this up—a judge in New Mexico was reading a Spider-Man comic book and noticed that the villain had put a tracking device on Spider-Man. That allowed the villain to go somewhere where Spider-Man wasn't. The good old judge thought, “Let's turn it around and put the bracelet on the bad guys, and the good guys will do the monitoring”, and he did that with five offenders.

Since then, electronic monitoring has grown in leaps and bounds. Probably around the world there are hundreds of thousands of people on some form of electronic monitoring. In Canada, seven provinces have electronic monitoring programs. Some are quite small, with fewer than 35 people on electronic monitoring, and some are relatively large. In Ontario, there could be approximately 230 probationers under electronic monitoring.

Generally, electronic monitoring tries to achieve two goals. One is to have it serve as a cost-effective alternative to imprisonment; a cheaper alternative to sending people to prison is to put them under house arrest with a bracelet around their ankle. The second major goal is obviously to reduce recidivism and increase public safety.

What's the evidence on these two matters? First of all, using it as a cost-effective alternative to incarceration assumes that the people you are putting on electronic monitoring are moderate to high-risk offenders who, under normal circumstances, would end up in prison and consume large amounts of money.

Unfortunately, the evidence shows that by and large, many of the people placed on electronic monitoring are low-risk offenders. These are people who would do relatively well without the additional cost of an ankle bracelet and all the monitoring technology behind it. Researchers refer to this as net-widening. You're doing more intervention unnecessarily, catching people in the corrections net who perhaps don't require it. Because you're doing that, you're going to affect costs of corrections.

As an example, let me give you CSC's evaluation of their pilot project. The evaluation report was done in 2009 and covered a one-year period from 2007 to 2008. In that pilot project, 46 offenders were electronically monitored. The cost, depending on what estimate you use—and it's in the report—was up to $1 million, so electronic monitoring is not cheap.

The other point is that we need to look at what the money is really spent on. In the United States, probation is a big area where electronic monitoring is used. The State of California did a study to look at how a probation officer spends his or her time when he or she has electronically monitored offenders; it turned out that 44% of the time was spent on reviewing the records, the printouts from the monitoring devices, and only 12% of the time was spent actually talking and working with the offenders.

Does it reduce recidivism? That's goal number two. In the study that I distributed to you, we evaluated the programs in British Columbia, Saskatchewan, and Newfoundland. We found no reductions in recidivism that could be due to electronic monitoring. The only reduction we found at all was in Newfoundland, and this is what Professor Nellis was referring to. It was the only province that paired offender rehabilitation with electronic monitoring. These people had to go to a program four mornings a week for eight weeks--anger management, alcohol abuse, all that. The literature is quite clear that it's rehabilitation programming that reduces recidivism. No other kind of intervention does that, including electronic monitoring.

Now, that's one big study. Marc Renzema and his colleague Evan Mayo-Wilson, in a review of the literature, did what's called a meta-analysis, a quantitative review of the literature. Any of you can go and find one study out there that will support your position. You can find an electronic monitoring study that says it's wonderful, better than sliced bread; well, you need to put it against all the other studies. Winston Churchill drank and smoked and lived to a ripe old age, but doctors will still tell you, on average, not to do that. It's based on quantitative reviews of the literature.

Renzema and Mayo-Wilson reviewed the literature, and it was astounding. They looked at over 2,600 reports. They had criteria as to what to include in their review, and to be included, it had to be an evaluation report. That reduced the number to 119. They had some methodological criteria as well: it couldn't just be any old evaluation; it had to have some level of sophistication. That reduced it even further. They ended up with three high-quality studies to look at. The conclusion was that electronic monitoring had no impact on recidivism.

Robert Lilly called electronic monitoring the correctional commercial enterprise. There is a lot written on electronic monitoring, and much of it comes from industrial sponsors.

When you look at the CSC's evaluation of their pilot project, they also found no decrease in recidivism compared to a matched group that didn't have electronic monitoring.

To summarize and say a few things about where we go from here, is it a less costly alternative to imprisonment? The literature suggests no. Does it reduce recidivism? Once again the answer is no.

I also want to bring to your attention that we sometimes think of technology as being perfect. It is not perfect. There are lots of difficulties with this kind of technology. In Arizona, 70% of the alerts were false alarms. Can you imagine calling the police or sending a probation officer, and how much that would drain resources?

The CSC pilot evaluation also found a high number of false alarms. They even had what's called drift. They were using GPS technology, so you think the guy's here, but in one case he was 70 kilometres in another direction. In a city like Toronto, if he goes into a subway, you pray that he's going to turn up in the right location on that subway line.

Is there a use for electronic monitoring? In the mid-1990s I wrote a paper suggesting that electronic monitoring might be useful in situations where you were encouraging moderate- to high-risk offenders—not low-risk offenders--to get into treatment and stay in treatment.

Treatment can reduce recidivism. Some academics in the U.S. are worried that the growth of electronic monitoring programs will threaten treatment interventions. It's almost as though electronic monitoring will look after everything and we don't have to provide rehabilitation programming any more. I think that's a big mistake.

We need to experiment and look at how we can use electronic monitoring with the higher-risk cases. These are the cases that are more problematic for society. How can we engage them in treatment, keep them in treatment, and maybe use electronic monitoring as another way of encouraging that kind of behaviour?

Thank you.

4:45 p.m.

Conservative

The Chair Conservative Kevin Sorenson

Thank you very much.

I found this fascinating on both sides, both the pros and the cons.

We'll move to the first round. Mr. Alexander, welcome to our committee. We look forward to your question.

4:45 p.m.

Conservative

Chris Alexander Conservative Ajax—Pickering, ON

Thank you for having me, Chair.

Thank you for that really stimulating presentation.

Like most of us, I'm a big fan of Spider-Man, but clearly there's much more to this issue than that initial amusing vignette you provided. It reminds us of the need to delve deeply into the impact, statistics, and evaluations of these programs. They have become vast in some countries and seem to exist here on a smaller scale for now.

Dr. Bonta, I want to delve into this question of cost and impact on recidivism just a bit more deeply to make sure I understand your conclusions. I heard both you and Dr. Nellis say that electronic monitoring without treatment basically doesn't have an impact. I heard Dr. Nellis say that electronic monitoring with treatment on a fairly large scale can reduce both cost and recidivism. Your experience in Canada, where the numbers seem to be smaller, was that it might reduce recidivism if it's the right kind of high-quality treatment, but it won't necessarily reduce cost.

Give us your view of the Swedish and English-Welsh experiences, where it's been used on a large scale. Do you find, as in Dr. Nellis's testimony, that with a very large sample there can be cost savings?

4:45 p.m.

Director, Corrections Research Unit, Department of Public Safety

Dr. James Bonta

I'll try my best to answer.

First of all, I haven't been tracking the European experience as closely, so I'm not very familiar with it. I don't want to portray myself as knowledgeable. I follow more the American experience, and whatever else is going on in Canada.

I think that Dr. Nellis's point is that you need to add rehabilitation to it, and that without it, electronic monitoring doesn't do anything. My argument would be to add rehabilitation, but you have to select medium- to high-risk clients. Low-risk people are low risk for a reason. They don't need treatment. Don't waste your money on that.

There is a fair amount of evidence that treatment provided to medium- to high-risk offenders can save enormous amounts of money. In one estimate done in the United States, if you could successfully treat one high-risk youth offender over the course of a lifetime, you would save a million dollars in court costs and all that.

My brief answer is that you can save money, but it's not because of electronic monitoring; it's because of the treatment intervention.

4:50 p.m.

Conservative

Chris Alexander Conservative Ajax—Pickering, ON

Agreed.

You're a clinical psychologist. You have experience with these high-risk offenders, and young offenders in particular. What is the better place for the treatment--electronic monitoring, with the person living at home, or a correctional facility?

4:50 p.m.

Director, Corrections Research Unit, Department of Public Safety

Dr. James Bonta

Certainly it would be living at home.

In our own research that we have done, treatment delivered in the community is roughly twice as effective as treatment delivered in institutions. Good programs will work in prisons, but they have a bigger bang in the community.

4:50 p.m.

Conservative

Chris Alexander Conservative Ajax—Pickering, ON

I have one question that Dr. Nellis did not address. Is there any study or insight into rates of domestic violence among moderate- or high-risk offenders when they are at home under electronic monitoring services?

We heard him talk about how they might want to get out of the house, and they can't, or their family wants them out of the house, and they can't at certain times. Have any adverse side effects like that been studied?

4:50 p.m.

Director, Corrections Research Unit, Department of Public Safety

Dr. James Bonta

One thing to keep in mind is that many of the electronic monitoring programs will screen out domestic violence cases. They just won't accept them into the program because, obviously, it could be problematic.

4:50 p.m.

Conservative

Chris Alexander Conservative Ajax—Pickering, ON

Then we don't really have any data on that aspect.

Could you clarify something for me? Dr. Nellis said at the start of his presentation that a very large number of people have been subject to electronic monitoring in England and Wales. I couldn't get whether he said it was three-quarters of a million or 76,000. Did you get that?

4:50 p.m.

Director, Corrections Research Unit, Department of Public Safety

Dr. James Bonta

I missed the beginning, but I would think that it's 76,000. I don't think it would be three-quarters of a million.

4:50 p.m.

Conservative

Chris Alexander Conservative Ajax—Pickering, ON

I have a final question. Do you think there are enough moderate- to high-risk offenders in Canada, potentially subject to electronic monitoring, to allow for cost savings if monitoring were combined with the right forms of treatment? There are economies of scale, so in other words, is this group large enough to generate the kinds of results that apparently Sweden, England, and Wales have achieved?

4:50 p.m.

Director, Corrections Research Unit, Department of Public Safety

Dr. James Bonta

There certainly are a lot of moderate- to high-risk offenders. They could make up 60%, roughly, or even more, of a correctional population. Whether or not we can achieve cost savings by giving them electronic monitoring and treatment is a research question.

I know of no study that has systemically and specifically said that it was going to deliver electronic monitoring to those high-risk groups of offenders and also calculate how much was going to be saved. Maybe you could suggest that idea to my deputy minister.

4:50 p.m.

Some hon. members

Oh, oh!

4:50 p.m.

Conservative

The Chair Conservative Kevin Sorenson

Thank you very much, Mr. Alexander, and Dr. Bonta.

We'll now move to Mr. Garrison, please.

4:50 p.m.

NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

Thank you very much.

Thank you very much, Mr. Bonta. I found your presentation very interesting.

We heard from Professor Nellis that in Sweden the use of electronic monitoring was always part of an integrated rehabilitation package. You made a brief mention that in Newfoundland that was the case. I'm assuming that it was not the case in Saskatchewan and in British Columbia.

The second part of my question is that you're saying that in all of these things, it doesn't show a positive effect. Is the Newfoundland study consistent with that, or is it, as Professor Nellis said, that when it's paired it is successful?

4:50 p.m.

Director, Corrections Research Unit, Department of Public Safety

Dr. James Bonta

To your first question, yes, it was only Newfoundland that stipulated that to go out, one required treatment. That was for early release from prison. That's how it was used. They were saying, “We'll let you out earlier on the condition that you wear the bracelet and attend this intensive program”. That's what happened there.

In our analysis of the three provinces, our sample size was over 200, and there was no effect in reduced recidivism, on average, across the three provinces, but when we broke it down and looked just at Newfoundland, we were able to pinpoint why there was reduced recidivism. Was it because they happened to be wearing the bracelet or because they took the treatment? Our answer was that it was because they took the treatment. Just wearing the bracelet didn't have any effect.

Some may argue that maybe these people should have been released without the bracelet; you could have saved some more money and just put them in that program.

4:55 p.m.

NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

However, we did hear Professor Nellis say that perhaps being electronically monitored might increase the probability that they would actually complete treatment.

4:55 p.m.

Director, Corrections Research Unit, Department of Public Safety

Dr. James Bonta

It's possible. We don't have good evidence about how electronic monitoring would really motivate people to go into treatment and stay in treatment. For me, it's a test. There is a need for a study to find out how that would improve the outcomes.

4:55 p.m.

NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

In the two-page paper we received from you, in your third policy implication, you indicate that,

correctional interventions that aim to reduce criminal behaviour are more likely to come from the application of treatment programs than [from] intensive monitoring.

Would that apply to other things that have been suggested to reduce criminal behaviour, such as mandatory minimum sentences or longer sentences?

4:55 p.m.

Director, Corrections Research Unit, Department of Public Safety

Dr. James Bonta

Reviews of the literature have looked at what in general are called “sanctions”. In those reviews, the sanctions are a range of interventions from electronic monitoring to longer sentences to boot camps and “scared straight” programs. When those sanctions are looked at together, they do not show a reduction in recidivism. If anything, on average they show a slight increase in recidivism of about 3%.

4:55 p.m.

NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

Would that include longer sentences?

4:55 p.m.

Director, Corrections Research Unit, Department of Public Safety

Dr. James Bonta

Those would be in there.

4:55 p.m.

NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

Is that material in a form that could be made available to the committee?

4:55 p.m.

Director, Corrections Research Unit, Department of Public Safety

4:55 p.m.

NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

I would certainly appreciate seeing that material, if we could.