The risk-need-responsivity model is designed to fit in at the point at which the individual interacts with the justice system, so after arrest. That's where the model fits, the idea being that, currently, it's not uncommon for a court to ask for a risk assessment, to say that they want this to go out to a professional to assess what the risk is of this individual reoffending.

The focus of that risk assessment typically is on our usual risk indicators, things like your peer group, your family structure, environmental supports, your history of criminal behaviour, your use of drugs and alcohol, and a number of environmental variables. What is not examined, typically, in a risk assessment is cognitive functioning, such as what is the brain doing, is there a disability, and is there a unique disability?

As you've heard others say—and I believe Ms. Ross said this when she spoke—you may be dealing with an individual where even if they do stop to ask, “What is the intelligence level?”, that does not tell us very much about this population. Intelligence, as measured by our standard IQ tests, is not predictive of function in any way with the FASD population. The nature of the brain injury is such that function is impaired significantly despite the IQ level. That piece of information is absent in a traditional risk assessment.

When the courts don't extend that assessment to say that they need a further assessment or that they need to bring in an additional specialist who can take a look at some of those brain-based pieces, we're then making decisions around this individual's needs. We're also making decisions with regard to what kind of treatment or response is required or appropriate from the system without the knowledge of their unique brain functioning, which could be a contributing factor to what's going on and really can help us to better match the way we respond, both in terms of sentencing, and those intervention and treatment initiatives.

If we know that an individual has substantial brain injury that impairs their ability to function effectively, then we are needing to look at community-based intervention strategies, which you've heard Chief Alexis speak about.

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