Risk Assessment Guide
Risk Assessment in Criminal Mitigation: What the Information Can and Cannot Show
“Risk assessment” can mean many different tools built for different purposes, such as pretrial decision support, recidivism risk, needs assessment, treatment planning or supervision planning. A score from one tool should not automatically be used for a different purpose.
Quick answer
What Is a Risk Assessment?
- Different tools serve different purposes.
- Purposes include pretrial support, recidivism risk, needs, treatment and supervision planning.
- A score from one tool should not be used for a different purpose.
- A score does not replace individual clinical or legal analysis.
Start with purpose
Risk Tool: Start With the Purpose
Six questions to ask about any risk assessment tool.
What tool?
What population was it designed for?
What outcome does it estimate?
What information goes into it?
What are its limitations?
How, if at all, is it relevant to this case?
Purposes
Different Tools, Different Purposes
- Pretrial decision support
- Recidivism risk
- Needs assessment
- Treatment planning
- Supervision planning
State law
California Pretrial Risk Tools
California law addresses pretrial risk assessment tools, including validation, in PC §1320.35. Courts still make individual decisions.
Caution
What a Score Cannot Show
A score estimates group-level patterns for the population a tool was built on. It cannot decide what happens to one person, and it should not replace clinical or legal judgment.
Separate record
Scores vs Treatment Progress
A person cannot simply “improve a score” for court. Treatment progress can be documented separately (see Court Progress Report). Any reassessment should follow the tool's own procedure.
Legal note
How a risk tool is used in a case is a legal question. Counsel handles it; the court decides.
What ETS can and cannot do
Where Executive Treatment Solutions Fits
ETS does not administer or change risk scores. ETS coordinates qualified assessment, treatment and authorized records.
Responsibilities
Who Does What?
Court
Makes individualized decisions.
Defense counsel
Reviews any tool and its relevance.
Qualified clinician
Assesses clinical needs.
ETS
Coordinates treatment and records.
Questions
Risk Assessment in Mitigation: Frequently Asked Questions
Sources & Legal References
California law
Confidential consultation
Treatment Support Alongside Counsel
ETS can coordinate treatment and authorized records while counsel reviews any risk tool.
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