OAR 291-078-0020: Risk Assessment

(1) Proper assessment ensures the classification of adults on supervision according to risk and their assignment to specified levels of community supervision. The following risk assessment tools are utilized by the Department of Corrections and county community corrections agencies for risk assessment of adults on supervision: (a) Public Safety Checklist (PSC) (version 2005): A statistical calculation developed by the Oregon Criminal Justice Commission in collaboration with the Department of Corrections’ research unit to predict an individual’s risk to recidivate within three years of release from custody or admission to probation. (b) Proxy (version 2005): A three-question validated risk assessment tool used to identify initial risk for individuals entering probation supervision. (c) Level of Service/Case Management Inventory (LS/CMI) Section 1 General Risk/Need Factors (version Feb. 2013): A validated assessment tool used to determine an adult on supervision’s risk to recidivate and identify criminogenic risk factors across eight domains (Criminal History, Education/Employment, Family/Marital, Leisure/Recreation, Companions, Alcohol/Drug Problem, Procriminal Attitude/Orientation, Antisocial Pattern). (d) Women’s Risk Need Assessment (WRNA) (version 6.0): A validated post-sentencing assessment instrument used to: (A) Determine a woman’s risk to recidivate; and (B) Identify criminogenic risk factors, strengths, and responsivity needs in order to provide comprehensive case planning and gender-responsive services. (e) Ontario Domestic Assault Risk Assessment (ODARA) (version June 2004): Actuarial risk assessment tool to assess risk of committing future battering in cases where a male has assaulted his partner. (f) Stable-2007 (version Sept. 2012): Actuarial risk assessment designed to assess risk of sexually recidivating over time using static risk factors used in conjunction with the Acute-2007. (g) Acute-2007 (version Aug. 2012): A ctuarial risk and needs scale for the assessment of an adult on supervision who has committed a sexual crime and the probability of sexual and violent recidivism based upon dynamic needs measured at each supervision contact. (h) Static-99R and Definitions (version 2003, age coding August 2016): A ten item actuarial assessment instrument for use with adult males who have committed a sex crime and who are at least 18 years of age at the time of admission to supervision. (i) The risk assessment tools listed in (a) through (h) above are filed with this rule and are available on request from the Department of Corrections or at the Secretary of State’s Office. (2) Risk Assessment: (a) All applicable assessments must be completed on a new case within 60 days of admission to supervision. (b) Except as otherwise provided in these rules, the assessment of risk will involve the use of the Public Safety Checklist , a validated risk assessment tool, which is an objective instrument that groups adults on supervision according to their likelihood to recidivate. (c) The assessment of risk will rely primarily on automated static risk factors to predict the likelihood to recidivate. (d) The computer-generated score will place the adult on supervision in one of three risk levels: high, medium, or low. (e) If an adult on supervision has no in-state arrest history or an extensive juvenile or out-of-state criminal history, the Proxy risk tool will be used. The Proxy is a manual risk assessment tool used in lieu of the Public Safety Checklist to determine risk level. (3) Risk, Needs, and Responsivity Assessment: (a) The ongoing assessment of an adult on supervision’s risk, needs, and responsivity relies on a combination of both static and dynamic risk factors in order to predict recidivism and identify criminogenic needs and responsivity issues. (b) Within 60 days of admission to supervision, the risk, needs, and responsivity assessments will be completed on all adults on supervision determined to be high or medium risk either by the Public Safety Checklist , Proxy, or an approved override. The assessments will include any accompanying domain narratives and a case plan as described in OAR 291-078-0026. (c) In cases where no assessment is possible, officers will create a case plan, enter a reason for no assessment and articulate in progress notes why the particular reason was chosen and next steps toward completing the risk, needs and responsivity assessment. (d) High and medium level adults on supervision will be reassessed using the Level of Service/Case Management Inventory (LS/CMI), Women’s Risk Need Assessment (WRNA), or Stable-2007 a minimum of every 12 months or when a significant change occurs. (e) The Level of Service/Case Management Inventory (LS/CMI) or Women’s Risk Need Assessment (WRNA) is not required on adults on supervision that are assessed at the low level either by the Public Safety Checklist, Proxy, or by an approved override. Low level adults on supervision may be reassessed using the Public Safety Checklist, Proxy, Level of Service/Case Management Inventory (LS/CMI), Women’s Risk Need Assessment (WRNA), or Stable-2007 when a significant change occurs. (4) Overrides: (a) The override feature is intended to address risk factors that may not be included in the objective risk assessment instruments. These factors are based upon: (A) Dynamic risk factors which appear to impact the risk the adult on supervision poses to the community ; or (B) Written policy on the part of the agency regarding the delivery of correctional services. (b) The override feature provides for either increases or decreases in the level of supervision from that determined through the initial risk assessment score. (c) All overrides must be based upon static or dynamic risk factors identified by one of the following tools, special designation, or the adult on supervision’s availability for supervision: (A) Level of Service/Case Management Inventory (LS/CMI) ; (B) Women’s Risk Need Assessment (WRNA) ; (C) Stable-2007 or Acute-2007 ; (D) Ontario Domestic Assault Risk Assessment (ODARA); (E) Designation as a Sexually Violent Dangerous Offender (SVDO); (F) Written agency policy; or (G) Unavailable status, which includes: (i) In custody; (ii) Warrant or Abscond; (iii) Residential Treatment; (iv) Compacted Out of State; or (v) Medical (hospice, state hospital, etc.) (d) The assessing officer must indicate the single most appropriate category on the override screen. (e) Approval of override requests by the officer’s supervisor is not required by this rule, however, a county community corrections agency may require this level of approval. (f) All overrides must include a comment or a reason for the override. (g) Supervision level changes due to an override shall remain in effect until: (A) A change in circumstances warrants a reassessment and subsequent adjustment in the level of supervision; or (B) The removal of the override is warranted and consistent with public safety and the reformation of the adult on supervision. (5) In order to ensure a baseline of statewide consistency in the supervision of adults on supervision, three basic levels of supervision have been established: high, medium, and low. The risk instrument shall, in most cases, determine which supervision level is appropriate.