What is Evidence-Based Sentencing?
The NCSC was one of the first organizations to use the term “evidence-based sentencing” (EBS). EBS refers to a set of sentencing practices designed to promote public safety through risk reduction and management of probation-eligible offenders.
By using EBS practices, the court strives to systematically:
- identify probation-eligible offenders who may be safely and effectively supervised in the community given available community resources;
- order appropriate conditions of community supervision given the offender’s individual recidivism risk, criminogenic needs, and responsivity factors (for an explanation of the Risk-Need-Responsivity model for offender assessment and rehabilitation, see Bonta & Andrews, 2007); and
- respond to any violations of community supervision in accordance with evidence-based community corrections practices.
To engage in EBS practices, a jurisdiction must also use evidence-based community corrections practices. Specifically, the community corrections agency must conduct validated offender risk, needs, and responsivity assessments of offenders (see 1. Assess in the graphic below) and provide information to the court about assessment results and about community corrections resources for managing and reducing offender recidivism risk (2. Inform). The court may then use this information to inform sentencing decisions about appropriate community supervision, treatment interventions, and services for the offender (3. Sentence), and community supervision and service providers can use the information to facilitate implementation of effective evidence-based supervision services (4. Supervise). If after placement in the community the offender violates the conditions of supervision, validated offender assessment information may be used to inform decisions about the appropriate evidence-based response – including therapeutic responses, sanctions, and if necessary, revocation (5. Respond to Violations).
To learn more about a specific component of this process, click on the corresponding section in the graphic below.
Key NCSC Resources
The following reports and publications provide more information about the general objectives of EBS and guidance for applying EBS principles to practice.
J. Elek, R. Warren, & P. Casey (2015)
Description: This report explores how ten jurisdictions from across the country are using defendant risk and needs assessment (RNA) information at sentencing. The report captures themes in stakeholder perceptions of RNA information and its use at sentencing, experiences in adopting these sentencing reforms, and lessons learned from the implementation process. The report also offers examples of how the jurisdictions have implemented the nine guiding principles for using RNAs to inform sentencing and probation revocation decisions (for more about the nine guiding principles, see the 2011 report, below).
National Center for State Courts (2014)
Description: This fact sheet answers eight common questions about evidence-based sentencing.
P. Casey, J. Elek, R. Warren, F. Cheesman, M. Kleiman, & B. Ostrom (2014)
Description: This Primer is a resource to help judges and others involved in sentencing understand and make knowledgeable decisions about the value and use of offender risk and needs assessment instruments. It provides information about the attributes of assessment instruments that may be used as a component of evidence-based sentencing and the practical considerations that court leaders face in selecting and properly using an RNA tool. The Primer also describes six commonly used RNA instruments.
R. Warren (2013)
Description: Based on interviews with state court administrators and other court leaders in eleven states, this report focuses on judicial leadership in the development and implementation of evidence-based sentencing and corrections reforms.
National Center for State Courts (2012)
Description: This memo discusses administrative responses to probation violations and implications for state policy and practice.
P. Casey, R. Warren, & J. Elek (2011)
Description: These nine Guiding Principles for using risk and needs assessment information at sentencing were endorsed in a resolution by the Conference of Chief Justices and the Conference of State Court Administrators. The guide also includes profiles of several offender risk and needs assessment instruments available for use at the time of publication (Appendix A) and samples of state presentence investigation reports that contain offender risk and needs assessment information (Appendix B).
- Warren, R. (2009): Arming the Courts with Research: 10 Evidence-Based Sentencing Initiatives to Control Crime and Reduce Costs.
- Warren, R. (2009). Evidence-based sentencing: The application of principles of evidence-based practice to state sentencing practice and policy. University of San Francisco Law Review, 43, 585-634.
- Warren, R. (2007): Evidence-Based Practices and State Sentencing Policy: Ten Policy Initiatives to Reduce Recidivism
- Warren, R. (2007): Evidence-Based Practice to Reduce Recidivism: Implications for State Judiciaries
- Public Safety Canada (2007): Risk-Need-Responsivity Model for Offender Assessment and Rehabilitation 2007-06.
- Peters, T., & Warren, R. (2006). Getting Smarter about Sentencing: NCSC’s Sentencing Reform Survey