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International Journal of Forensic Mental Health


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V3
Adapting the HCR-20 for Pre-trial Settings
a a a ab
Shannon Toney Smith , Shannon E. Kelley , Allison Rulseh , Karolina Srman & John F.
a
Edens
a
Department of Psychology, Texas A&M University, College Station, Texas, USA
b
Department of Clinical Neuroscience, Karolinska Institutet, Stockholm, Sweden
Published online: 19 May 2014.

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To cite this article: Shannon Toney Smith, Shannon E. Kelley, Allison Rulseh, Karolina Srman & John F. Edens (2014)
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Adapting the HCR-20 for Pre-trial Settings, International Journal of Forensic Mental Health, 13:2, 160-171, DOI:
10.1080/14999013.2014.906520

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INTERNATIONAL JOURNAL OF FORENSIC MENTAL HEALTH, 13: 160171, 2014
Copyright International Association of Forensic Mental Health Services
ISSN: 1499-9013 print / 1932-9903 online
DOI: 10.1080/14999013.2014.906520

Adapting the HCR-20V3 for Pre-trial Settings


Shannon Toney Smith, Shannon E. Kelley, Allison Rulseh
Department of Psychology, Texas A&M University, College Station, Texas, USA

Karolina S
orman
Department of Clinical Neuroscience, Karolinska Institutet, Stockholm, Sweden; Department of
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Psychology, Texas A&M University, College Station, Texas, USA

John F. Edens
Department of Psychology, Texas A&M University, College Station, Texas, USA

The present study investigated the use of the HCR-20V3 (Douglas, Hart, Webster, &
Belfrage, 2013) among a sample of 84 male inmates in a pre-trial correctional facility.
Overall, results indicated that the newly revised instrument can be adapted for use in a pre-
trial context, although some scoring obstacles (e.g., participants uncertain legal status) were
encountered when attempting to rate certain HCR-20V3 items. Also, some group differences
in risk ratings were found when comparing our sample to HCR-20V3 data collected from
external psychiatric inpatient and post-adjudication samples. Implications for clinical
forensic practice are reviewed, focusing on modifications that may be helpful or necessary
for use in pre-trial settings.

Keywords: HCR 20 V3, pre-trial

Assessing violence risk is essential in several types of risk reduction treatments specifically focusing on these
legal proceedings and clinical evaluations, including factors have been understudied so far (Campbell, French,
sentencing decisions, civil commitment, and clinical & Gendreau, 2009; Douglas & Skeem, 2005).
management of individuals potentially at risk for aggres- One SPJ instrument that has demonstrated the ability to
sion (Otto & Douglas, 2009). Structured risk assessment assess dynamic risk with a promising degree of accuracy is
instruments commonly used for this purpose can be the Historical-Clinical-Risk Management-20 (HCR-20;
broadly divided into two categories: actuarial methods, Webster, Douglas, Eaves, & Hart, 1997). The HCR-20 is
which mathematically derive predictions based on the divided into three scales, encompassing ten historical risk
statistical or otherwise formulaic combination of risk factors, five risk factors assessing current clinical function-
factors, and structured professional judgment (SPJ, or ing, and five risk factors pertaining to risk management. All
structured clinical judgment), which entails evaluating a items are coded on a three-point scale (0 Absent, 1
number of scientifically validated risk factors and then Possibly or Partially Present and 2 Definitely Present).
applying clinical knowledge to render risk ratings. In For clinical purposes however, the instrument developers
contrast to actuarial methods, which typically focus on do not recommend summing the items to create a total
static factors, the SPJ model conceptualizes risk as a score, nor are cut scores provided for interpretation.
dynamic process involving continuous re-assessment Instead, the final summary judgment of risk (scored as low/
(Douglas & Skeem, 2005). Even though dynamic factors moderate/high risk) is arrived at based on a clinical evalua-
(e.g., anger, psychiatric symptoms, substance abuse) are tion of all relevant information, including medical, psychi-
suggested to greatly influence violence risk, violence atric, and legal history.
The HCR-20 demonstrates robust psychometric charac-
Address correspondence to Shannon Toney Smith, Department of Psy-
teristics including concurrent validity (Douglas & Webster,
chology, 4235 TAMU, Texas A&M University, College Station, TX 1999), as well as acceptable interrater reliability at least for
77843. E-mail: stsmith02@neo.tamu.edu the historical and clinical items (de Vogel, de Ruiter,
ADAPTING THE HCR-20V3 161

Hildebrand, Bos, & van de Ven, 2004). Meta-analytic are encouraged to rate with reference to insight into: Mental
research shows promising predictive validity for the HCR- Disorder, Violence Risk, and Need for Treatment.
20 in predicting violent recidivism, with a median Area Two additional changes included with the instrument
Under the Curve (AUC) of .70 (Singh, Grann, & Fazel, revision are worth highlighting. First, in line with the
2011). Notably, the predictive accuracy for structured vio- importance of assessing intra-individual risk factors for
lence risk instruments appears optimal for identifying those violence, the HCR-20V3 now encourages the evaluator to
at low risk for violence in comparison to those deemed as assess not only the presence of each risk factor, but also
high or moderate risk (Fazel, Singh, Doll, & Grann, 2012). how relevant each one is to an individuals propensity for
Although in some studies the HCR-20 summary risk rating violence. For example, individuals may have a documented
has demonstrated incremental predictive validity over the history of substance addiction, thus warranting a 2 on item
individual scales (de Vogel et al., 2004; Douglas, Ogloff, H5 (Substance Use). However, if evidence suggests that an
& Hart, 2003; Douglas, Yeomans, & Boer, 2005; Doyle & individual has been in remission from their addiction for
Dolan, 2006), each scales unique contribution in predicting the past 10 years, the relevance of substance abuse to cur-
violence is typically explored in published research. In par- rent violence risk may be deemed low in relevance or of
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ticular, the Historical scale has been superior in predicting moderate relevance. The addition of the Relevance ratings
community violence among patients discharged from psy- allows the evaluator to take into account this interaction
chiatric units (Doyle & Dolan, 2006). Regarding institu- between the Presence and Relevance ratings. In research
tional aggression and violent behavior, however, the contexts this may involve calculating scale scores based on
Clinical and Risk Management scales have shown incre- the sum of the interactions between each items Presence
mental validity beyond the static factors of the Historical and Relevance rating (K.S. Douglas, personal communica-
scale (McDermott, Edens, Quanbeck, Busse, & Scott, tion, March 20, 2013). In clinical contexts, the Relevance
2008; see also Campbell et al., 2009). ratings allow the evaluator to visually inspect the degree to
which a defendant exhibits risk factors that are relevant to
his risk, which can then better inform a variety of decisions
The Historical-Clinical-Risk Management-20 Version 3 (e.g., level of supervision, treatment selection; Douglas
(HCR-20V3) et al., 2013).
A second important change included in the HCR-20V3 is
In the original versions of the HCR-20 and the recently the scoring content of the Historical item H7 (Personality
revised version of this instrument (HCR-20V3; Douglas Disorder). In version 2 of the HCR-20, this item reflected a
et al., 2013), the Historical scale assesses past violent and persons degree of psychopathy based on a separate evalua-
antisocial conduct, symptoms of mental illness or substance tion utilizing the Psychopathy Checklist-Revised (PCL-R;
abuse, work-related problems, and difficulties with inter- Hare 2003) or the Psychopathy Checklist Screening Ver-
personal relationships. The Clinical scale captures recent sion (PCL:SV; Hart, Cox, & Hare, 1995), which to date are
psychiatric symptoms, indicators of instability, and treat- the most extensively used clinical inventories for assessing
ment or supervision noncompliance. The Risk Management this disorder. Additionally, the HCR-20 manual provided
scale reflects potential problems adhering to and benefitting specific scoring guidelines to instruct evaluators on how an
from future professional interventions, as well as the ability individuals PCL scores should be translated into a rating
to manage various social and environmental factors includ- on this item. However, in the HCR-20V3 the scoring guide-
ing housing and stressors. In contrast with prior versions, lines for this item are considerably broader. Evaluators who
the HCR-20V3 dispenses with numerical item ratings and wish to assess a persons degree of personality pathology
instead solely utilizes nominal labels to characterize the might use alternative measures (e.g., DSM criteria, alter-
item ratings as N (Not present or Not applicable), P nate psychopathy measures) as long as the instruments
(Possibly or Partially present), or Y (Present) (Douglas have adequate empirical support for their use (Douglas
et al., 2013). For the purposes of this article, however, the et al., 2013).
numeric values associated with these labels (0, 1, and 2) Additionally, evaluators are encouraged to consider
will be discussed as researchers utilizing this instrument personality disorders of the antisocial type (antisocial, psy-
will almost certainly investigate these values in their data chopathic, and dissocial personality disorders) and all
analyses. other personality disorders (Douglas et al., 2013, p. 79).
An additional change to the HCR-20V3 involves the Not only is a PCL-R assessment no longer required, but
inclusion of sub-item ratings for many of the risk factors. individuals may receive a 2 (Present) on this item for hav-
The authors stated rationale for this change was to encour- ing a diagnosis of Antisocial Personality Disorder (ASPD)
age evaluators to assess a broad range of issues when rating or even Borderline Personality Disorder, thus substantially
the higher order, subsuming risk factor (Douglas et al., lowering the threshold for obtaining an elevated rating on
2013). For example, the risk factor Recent Problems with this item. It is widely known that the prevalence of ASPD
Insight (C1) now includes three sub-items that evaluators in incarcerated samples is estimated to be substantially
162 SMITH ET AL.

higher (50-80%) than the prevalence of psychopathy (15- Risk Ratings (SRRs). Research suggests that, much like the
20%), as measured by the PCL-R (Hare, 2003). general population, inmates are capable of accurately reveal-
Given these considerable changes to the rating guide- ing personal information and usually do not make inten-
lines for the Personality Disorder item on the HCR-20V3, it tional attempts to mislead or deceive evaluators, particularly
is worth considering how the use of less stringent assess- when participating in confidential research (Thornberry &
ment criteria might impact the conceptualization of this Krohn, 2000). When questioned about potentially incrimi-
risk factor in practice. Even though risk assessment is not a nating experiences, however, inmates may be unwilling
primary aim of the PCL-R, the PCL-based model of psy- or unable to respond accurately for a variety of reasons,
chopathy is one of the most extensively investigated factors including unreliable memories, poor insight, impression
in relation to violence risk (Yang, Wong, & Coid, 2010). management, or concerns about the legal and institutional
The instruments moderate predictive association with vio- repercussions of their disclosures. File review provides
lence and antisocial conduct is well established, although objective data necessary to supplement and corroborate
its predictive efficacy seems to be almost entirely attribut- information gathered from clinical interview with objective
able to the behavioral and antisocial aspects of the instru- details, thus hopefully minimizing bias and error. Addition-
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ment (Kennealy, Skeem, Walters, & Camp, 2010; Yang ally, different sources of historical information are critical in
et al., 2010) when predicting broadly defined aggression. identifying unique incidents of violence and significantly
However, several studies, including a recent meta-analysis, influence the predictive accuracy of violence risk assessment
indicated that the HCR-20 with item H7 removed provided (Steadman et al., 1998).
incremental validity beyond the PCL in predicting violence Applying the HCR-20V3 to pre-trial settings, however,
(Guy, Douglas, & Hendry, 2010; see also Campbell et al., may result in several obstacles, as file information for
2009). This raises questions regarding how the conceptuali- inmates awaiting trial in correctional facilities may be sub-
zation of risk on the HCR-20V3 might change with alterna- stantially lacking in comparison to records of inmates serv-
tive assessments of item H7. ing out sentences, particularly when a defendant has had no
prior contact with the criminal justice system. Institutional
Challenges in Adapting the HCR-20V3 to Pre-trial records are routinely unavailable, inaccessible, or inade-
Settings quate in providing essential data, thus compromising the
ability of the evaluator to make informed and useful recom-
At the pre-trial stage, risk assessment can provide informa- mendations (Padgett, Webster, & Robb, 2005). For exam-
tion vital to informing bail decision-making (Summers & ple, for inmates awaiting trial, the absence of various types
Willis, 2010). In addition to assisting in making pre-trial of records does not necessarily translate to an absence of
release recommendations, risk assessment instruments can problems in corresponding domains. The relevance of an
also be used by correctional and probation officers to iden- institutional living situation (R2) to an inmates risk of vio-
tify the level of supervisory conditions required by a given lence may be uncertain because a newly admitted inmate
defendant in a correctional setting or once released into the has not been incarcerated long enough to demonstrate a
community. Within clinical and forensic/correctional set- documented pattern of institutional misconduct (or the lack
tings, the HCR-20V3 is generally intended to evaluate risk thereof). Likewise, an inmate may not be participating in
for violence and to facilitate monitoring and decision-mak- treatment programs because the institution lacks the resour-
ing concerning facility admission and release, transition in ces necessary to make such programs available, rendering
security or supervision levels, treatment or risk manage- it difficult to determine expected levels of compliance and
ment, and case prioritization. As these applications typi- responsiveness (R4).
cally occur following conviction of a crime or admission to In situations of limited or unreliable records, evaluators
a psychiatric facility, several challenges may arise when must carefully consider the credibility and quantity of data
adapting the HCR-20V3 to pre-trial settings. gleaned from the clinical interview and qualify item scores
First, the HCR-20V3 manual stipulates that evaluators and summary recommendations accordingly (Douglas
should gather information regarding the examinee from mul- et al., 2013). Information that is inconclusive or uncertain
tiple sources, including criminal justice, health care, educa- due to inadequate documentation necessitates a score of
tional, vocational, and social service records. Although possibly present (1). Consequently, utilizing the HCR-20V3
official records of criminal misconduct tend to underesti- in pre-trial settings may result in ambiguous and restricted
mate the volume of inmate offenses (Steiner & Wooldredge, judgments of violence risk, particularly on specific
in press), institutional files remain necessary and primary domains. For example, the evaluator is ostensibly able
sources of information about risk factors for violent behav- to judge insight (C1) and violent ideation (C2) from evi-
ior, such as psychological functioning and previous antiso- dence provided in the clinical interview. In contrast, deter-
cial conduct. In particular, records pertaining to incidents of minations of future violence risk for an inmate with
violent or aggressive behavior are especially informative in documented violent or aggressive behavior are obfuscated
scoring items on the HCR-20 V3 and reaching Summary by the likely unavailability of sufficient treatment while
ADAPTING THE HCR-20V3 163

incarcerated and the tentative nature of future treatment As an example, an inmate charged with aggravated
given the uncertain legal status. assault against a spouse would, if found guilty, exhibit
The issue of limited file information in pre-trial settings problems with violence (H1) and relationships (H4). How-
is particularly salient to scoring HCR-20V3 items related to ever, if when evaluated prior to a trial the inmate denies
the presence of mental illness, including items H6 (Major involvement in the event or refuses to discuss the incident
Mental Disorder), C3 (Symptoms of Major Mental Disor- entirely, uncertainty permeates judgments of violence risk.
der), and C4 (Instability). For these items, evaluators assess In some cases, the inmate has an extensive history of
the presence or absence of psychotic disorders, mood disor- criminal behavior, such that a conviction is unnecessary
ders, or disorders affecting intellectual, executive, or inter- to establish a pattern of violence (or other relevant pat-
personal functioning that are associated with dysregulated terns such as antisocial behavior, substance abuse, or
cognition, behavior, or affect. Medical documentation of relationship problems). Nevertheless, there are many
mental illness can validate information gained from clinical instances in which an inmates sparse or undocumented
interview through indications of diagnostic status as well as criminal history elevates the current charge to a pivotal
clinical descriptions of the inmate. However, medical position in estimating risk. Ambiguity surrounding the
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records for inmates awaiting trial are frequently constrained inmates present culpability not only affects scores for
to intakes containing reiterations of self-reported status, and the presence of historical problems, but it also may pre-
inmate disclosures regarding mental health status may devi- vent the evaluator from conclusively identifying connec-
ate from clinical reality for a variety of reasons ranging tions between certain problems and violence risk. For
from benign (e.g., gaining access to limited mental health example, charges of violence toward friends or family
resources) to severe (e.g., avoiding criminal punishment) members suggest that relationship problems may be rel-
(Rogers, 1997). Because of insufficient need or time to evant to the risk of violent conduct; however, in the
identify and request mental health documentation, records absence of additional evidence, this association remains
for pre-trial inmates rarely will contain psychological equivocal prior to conviction.
reports obtained from previous mental health providers. Furthermore, the interpretation of an inmates denial of
Likewise, pre-trial inmates lacking prior contact with the involvement in the current charge largely hinges on deter-
criminal justice system typically may not yet have under- minations of guilt. Insistence by the inmate that the charge
gone a diagnostic evaluation as conducted by an institu- is disproportionately severe to the reality of the incident or
tional mental health provider, raising the difficult question absolute denial of the offense may be indicative of prob-
of how else to confirm self-reported diagnostic status to lems with insight into violence risk and need for treatment
facilitate more accurate violence risk assessment. Profes- (C1) and forecast difficulties in compliance with treatment
sional confirmation is therefore crucial in differentiating and supervision (R4). To further complicate matters,
between spurious and veridical claims of previous or current approximately 90% of U.S. criminal cases are resolved
mental disorder. through plea bargains, and this process often involves
A final challenge that arises when utilizing the HCR- charge bargaining, a mechanism through which prosecu-
20V3 to evaluate pre-trial inmates violence risk concerns tors agree to lessen the charges in exchange for a guilty
how best to score the Presence and Relevance for certain plea (Piehl & Bushway, 2007). Conversely, initial charges
items when the charge against the inmate is not yet a con- may be deliberately enhanced to increase the likelihood of
viction. In the United States, for example, inquiries into eliciting guilty pleas to lesser charges (Gutierrez, 2010).
guilt by the evaluator or acknowledgement of guilt by the This tactic of charge inflation may result in convictions
defendant during a pre-trial forensic evaluation raise con- for charges that are more representative of the crimes per-
cerns regarding the defendants Fifth Amendment right petrated or in innocent defendants pleading guilty to
against self-incrimination and Sixth Amendment right to crimes they did not commit. In either scenario, pre-trial
assistance of counsel (Estelle v. Smith, 1981). As such, charges may differ substantially from conviction charges,
evaluators in pre-trial settings should be cognizant of the and in these examples, the former may ultimately under-
boundaries of the purpose of the assessment and consider represent the severity of perpetrated crimes whereas the
potential conflicts with a defendants constitutional rights latter may overestimate actual severity.
when writing reports and communicating with the courts. Additionally, during pre-trial evaluations the nature
When pre-trial inmates do not admit guilt to the instant and necessity of violence risk management remain unre-
offense during a clinical interview, accurate assessment solved, potentially precluding definitive plans for use of
of violence risk is hindered by ambiguity regarding culpa- appropriate professional services (R1) and their rele-
bility, particularly when allegations involve severe harm vance to modifying violence risk. Similarly, the rele-
to another individual and would result in serious legal vance of future problems in adhering to and benefitting
or social consequences (e.g., imprisonment, mandatory from treatment and supervision strategies implemented
treatment). to manage violence risk (R4) is difficult to determine
164 SMITH ET AL.

without knowledge of the mandated interventions or the the interaction of the Presence and Relevance ratings might
type and intensity of violence targeted for management. have in predicting the SRRs beyond the Presence ratings in
Finally, risk management factors are especially tentative isolation.
in pre-trial settings as defendants future living situations
(institutional incarceration or community release) depend
on trial outcome. The limited file information and uncertain METHOD
culpability inherent in pre-trial settings present several
challenges in utilizing the HCR-20V3 for violence risk Participants
assessment and can result in an abundance of Possibly Pre-
sent scores, as well as tenuous conclusions. Despite these Participants were 84 incarcerated men who were detained at
shortcomings, an accurate violence risk assessment that a county jail in a small Southwestern United States commu-
acknowledges its limitations is preferable to one based on nity. All participants were at least 18 years of age at the
unarticulated assumptions (e.g., presumed guilt) and time of participation (M 32.02, SD 11.07). Participants
speculation. were predominantly European American (34.50%) or His-
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panic (34.50%), followed by African American (27.40%),


The Current Study or another ethnicity (3.60%). The index offense varied
greatly among participants (e.g., failure to pay child sup-
Given the preceding review, there are a number of issues port, possession of a controlled substance), although
concerning the use of the HCR-20V3 in pre-trial settings 23.80% of participants were charged with at least one
that have significant implications for the accuracy and util- violent index offense (e.g., capital murder [N 1], murder
ity of risk ratings and recommendations. Data for the pres- [N 1], assault [N 16]). Participants did not receive
ent study were obtained as part of a larger project compensation for their involvement in the study.
examining the psychometric properties of several psychop-
athy assessment instruments among inmates incarcerated in Measures
a 600-bed county jail. Inclusion of the HCR-20V3 among
Historical-Clinical-Risk Management-20, Version 3
these assessment instruments provides the opportunity to
(HCR-20V3; Douglas et al., 2013)
analyze information concerning the use and performance of
the new measure in a jail setting, which is the focus of the HCR-20V3 scores are based on information from both an
present study. For comparison purposes, descriptive results interview and collateral data. Because there is no standard
from the present study were contrasted with those from (1) HCR-20V3 interview, additional questions were appended
a Canadian inpatient psychiatric sample and (2) a Canadian to the PCL-R semi-structured interview guide in order to
correctional sample. These external samples consisted of assess all 20 items of the HCR-20V3. Although summing
50 Canadian civil psychiatric inpatients, most of whom the scores from each item to obtain a total score is not rec-
were hospitalized involuntarily, and 56 Canadian prison ommended for clinical settings, because the assessments
inmates with sentence lengths on average of less than two for the current study were conducted for research purposes,
years. Each sample was comprised of approximately 45% ratings were quantified on a three-point scale of 0 (Not
women (Douglas & Strub, 2013, as cited in Douglas et al., Present), 1 (Possibly or Partially Present), or 2 (Pres-
2013). ent). For those items with sub-items, the overall item
We also wanted to investigate the extent to which the score was obtained by utilizing the highest rating from
individual risk factors (i.e., the Presence ratings) relate to the associated sub-items (e.g., if the associated sub-item
the Summary Risk Ratings (SRRs) and whether differences scores were 0, 0, 1, the overall item score would be 1).
between the two might be explained at least in part by the This methodology was employed for both the Presence
fact that the SRRs represent a combination of both the Pres- and Relevance ratings. (Further information regarding
ence and Relevance ratings. sub-item ratings can be obtained by contacting the first
Although the analyses for this research were largely author.) Additionally, given the uncertainty regarding
exploratory, we expected that: (1) Risk Management item whether each participant would remain incarcerated,
ratings (both in the detention center and in the community) researchers in the current study provided two sets of rat-
would be higher in our sample than in the external samples, ings (one assuming continued incarceration, R-Institu-
given the uncertainty of participants legal status and the tion, and another assuming that participants would be
pre-trial detention environment; (2) participants would living in a community setting, R-Community) for Risk
obtain higher scores on item H7 (Personality Disorder) uti- Management items.
lizing the HCR-20V3 scoring criteria in comparison to older To evaluate interrater reliability in the current study,
HCR-20 criteria; and (3) based on prior research supporting 15 (18%) cases were randomly selected to be indepen-
the incremental validity of SRRs over summed HCR-20 dently rated by two interviewers. Interrater reliability
scale scores, we explored what incremental contributions was assessed using an absolute agreement, single rater
ADAPTING THE HCR-20V3 165

intraclass correlation coefficient. ICC(A,1) for each sub- Antisocial Personality Disorder (ASPD)
scale ranged from .92 (Historical) to .67 (Clinical). For
ASPD was assessed for each participant due to the
the Risk Management subscale, ICCs were assessed for
change in scoring criteria for item H7 of the HCR-20V3
both incarcerated (.68) and community (.88) settings.
which, noted above, now allows the use of alternative psy-
ICC(A,1) for Relevance ratings were higher for the His-
chopathy measures and personality diagnoses. Based on the
torical (.85) and Clinical (.77) subscales compared to
DSM-IV TR criteria, a diagnosis of ASPD requires the
the Risk Management scale, both for institutional (.48)
presence of at least three indicators of a pervasive pattern
and community (.67) settings. An inspection of the data
of disregard for and violation of the rights of others occur-
indicated that the poor reliability for the R-Institution
ring since age 15 (e.g., deceitfulness, consistent irresponsi-
scale was primarily due to the items assessing living
bility, remorselessness), evidence of conduct disorder with
environment (R2), response to supervision (R4), and
onset before age 15, and age of at least 18 years (American
problems coping with stressors (R5).
Psychiatric Association, 2000).
Interrater reliability was also assessed for the six cate-
For the current study, the presence or absence of each
gorical SRRs (Future Violence-Institution, Serious Physical
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adult ASPD indicator was coded based on information


Harm-Institution, Imminent Violence-Institution, Future
gathered from the structured interview and file review.
Violence-Community, Serious Physical Harm-Community,
High overall agreement was obtained for coding the pres-
and Imminent Violence-Community). The overall agree-
ence or absence of at least three ASPD indicators with
ment for the six combined SRRs was moderate (weighted
93% agreement across raters (kappa .82). Researchers
kappa .66) based on interpretation guidelines proposed
assessed for evidence of conduct disorder by asking partici-
by Shrout (1998), with only one rating across 90 compari-
pants directly if, prior to age 15, they engaged in each of
sons exhibiting a classification discrepancy greater than one
the indicators of conduct disorder. Conduct disorder was
(i.e., Raters 1 and 2 classified a single participant as high or
coded as present if participants endorsed three or more
low risk for imminent violence in the institution, respec-
items or if the researcher found evidence of these items
tively). Interrater reliability for the six individual SRRs
from the interview or file review.
ranged from fair agreement (weighted kappa .43) regard-
Given that the HCR-20V3 contains an item rating the
ing imminent violence risk in the institution to substantial
presence of psychopathy, ASPD, or another personality
agreement (weighted kappa .85) for future violence in
disorder (H7), a diagnosis of ASPD warranted a score
the institution.
of 2 (Present) on that item. Meeting all criteria for
We also created a separate set of scale scores by sum-
ASPD except the conduct disorder specifier, warranted a
ming each items Presence rating multiplied by its Rele-
score of 1 (sub-threshold; Douglas et al., 2013). All
vance rating (e.g., [H1H1 relevance] [H2H2 relevance]
other cases warranted a score of 0 (Absent), unless a
. . .) hereafter referred to as Interaction scale scores (Inter-
score of 1 or 2 was achieved based on a diagnosis other
action H scale, M 21.13, SD 12.93; Interaction C scale,
than ASPD (e.g., a high score on the PCL-R or Narcis-
M 8.58, SD 5.14; Interaction R Scale-Institutional,
sistic PD).
M 5.01, SD 4.53; Interaction R Scale-Community,
M 9.59, SD 5.91).
Procedure
Four graduate-level research assistants (including the first
Psychopathy Checklist-Revised (PCL-R; Hare,
author) conducted the interviews, file review, and scoring.
2003)
The first and last authors attended a two-day training
The PCL-R is a widely used 20-item clinical rating workshop conducted by two of the HCR-20V3 authors.
scale. Each item is scored on a three-point scale of 0 (No), Additionally, the first author received training on the
1 (Maybe/In some respects), and 2 (Yes). Ratings are based administration and scoring of the PCL-R from multiple
on a semi-structured interview and review of file informa- experts who use the PCL-R in applied settings, including
tion. Higher scores indicate greater psychopathic tendencies the last author. The first author then provided training on
and are also associated with an increased risk for general the scoring and administration of all interview measures
and violent recidivism (e.g., Singh et al., 2011). for the other three graduate student research assistants,
High interrater reliability (all ICCA,1) was observed for two of whom had prior training and experience adminis-
total PCL-R scores (ICC .87). Similarly, high reliability tering PCL measures for research purposes. Prior to data
was obtained for Factor 2 (ICC .93; Lifestyle facet ICC collection, the interviewers rated three practice cases, dis-
.89; Antisocial facet ICC .92), and acceptable reli- cussed any discrepancies in scoring, and reached consen-
ability (for research purposes) was observed for Factor 1 sus ratings. Next, the first three participants were
(ICC .70; Interpersonal facet ICC .73; Affective facet independently rated by each of the interviewers, and con-
ICC .69). sensus scores were obtained to ensure reliable scoring
166 SMITH ET AL.

across interviewers. Fifteen additional cases were ran- RESULTS


domly selected and independently rated by two researchers
to assess reliability. Table 1 contains descriptive statistics for the HCR-20V3
Inmates incarcerated at the detention center were ran- Presence and Relevance ratings. Inspection of these num-
domly selected from a pool of volunteers and invited to par- bers suggests that on average this sample was in a moderate
ticipate. In the majority of cases, participants were recruited risk range for each of the scales, although ratings for the R-
from the orientation housing unit soon after arriving at the Community scale were higher in comparison to the other
facility, and the modal length of incarceration prior to Presence scales. Table 2 provides the frequencies of ratings
enrolling in the study was two days. for the categorical SRRs both within the institution and
A three-part consent process (as recommended by upon release into the community over the next 12 months.
Stiles, Epstein, Poythress, & Edens, 2011) was utilized The HCR-20V3 allows for three summary risk ratings rated
to obtain informed consent from participants. After review- on a 0 (Low) to 2 (High) scale: Future violence risk (Institu-
ing the main consent document, researchers administered a tional M 0.44, SD 0.59; Community M 0.96, SD
multiple-choice comprehension quiz to ensure participants 0.74), Risk for serious physical harm (Institutional M
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understood the information described (e.g., purpose of the 0.37, SD 0.60; Community M 0.69, SD 0.78), and
study, lack of compensation for participation). After suc- Risk for imminent violence (Institutional M 0.40, SD
cessfully completing the comprehension quiz, a voluntari- 0.60; Community M 0.58, SD 0.70). As shown in the
ness assessment was administered to confirm that the table, most participants were rated as Low risk for future
inmates were freely and willingly consenting to participate institutional violence, and far fewer participants were rated
and did not feel coerced into participation. Participants as High risk for future violence in the institution than in the
were excluded from the study if they could not speak community. Overall, the SRRs were lower when estimated
English fluently, were unable to read and comprehend for the institution than for the community.
English at a fourth-grade reading level, failed the multiple- One of the major changes to the HCR-20V3 was elimina-
choice comprehension quiz (by incorrectly answering two tion of the required use of the PCL-R, so we next investi-
or more of the five questions), or indicated any coercion in gated how changing this item impacted the score. Prior
choosing to participate in the study. Only four inmates HCR-20 scoring criteria for item H7 (Personality Disorder)
failed the comprehension quiz, and no one indicated that specified that PCL-R scores < 20 should be rated 0 on this
they had experienced any coercion to participate in the item (47 participants in our sample met this criteria),
study. followed by a score of 1 for scores between 20 and 29
After conducting the interview and administering (N 30), and a 2 for scores  30 (N 7). Based on revised
additional self-report questionnaires not relevant to the HCR-20V3 scoring guidelines, an examination of the Pres-
current study, researchers reviewed participants deten- ence ratings for H7 reflected that a greater number of partic-
tion center records. These records included demographic ipants were rated a 2 (Present) on this item (33.30%) in
information, current charges, previous criminal history, comparison to the percentage (8.30%) that would have
and discipline reports for institutional misconduct received a 2 under the previous HCR-20 scoring guidelines
obtained at the current facility. Information regarding based strictly on PCL-R scores. Further, six participants
discipline reports amassed at other facilities was often deemed low in psychopathy based on prior HCR-20 scoring
not included in the records. The researchers also guidelines received a 2 on this item in the present study.
reviewed inmate medical records, which included infor- According to the same prior scoring guidelines, an addi-
mation regarding medication, physical and mental health tional 19 participants (22.62%) deemed low in psychopathy
diagnoses and treatment, and risk prevention measures were given ratings of 1 on H7 due to elevated ASPD traits.
taken at the current facility (e.g., placement in isolation, Descriptive information and effect size differences from
restriction of sharp objects). However, the level of two external samples have also been included for compari-
detailed information contained in each file varied son purposes (Table 1). Ratings for the Historical scale
considerably. among the present study sample were moderately higher
Completion of the protocol took approximately three than for the Canadian civil psychiatric sample, based on
to four hours, although this period included time neces- effect size interpretation guidelines provided by Kraemer
sary to administer several lengthy self-report question- and colleagues (2003). Participants in the current study also
naires that are not the focus of this article. The time evinced slightly greater Clinical scale scores than those
devoted to the interview and file review necessary to obtained within the Canadian prison sample, but differences
score the HCR-20V3, PCL-R, and DSM ASPD criteria in scores on this scale were negligible in comparison to the
was approximately two hours. Approval to complete this psychiatric sample. R-Community scale scores in the pres-
studys protocol was granted by both the university ent study were greater than both the psychiatric and prison
institutional review board and administrators at the samples, demonstrating large and small effect sizes,
detention facility. respectively.
ADAPTING THE HCR-20V3 167

TABLE 1
Comparison of Present Study HCR-20V3 Item Ratings with Two Samples

Present Sample Present Psychiatric Sample Prison Sample


Presence Sample Presence Effect Size Presence Effect Size
(N 84) Relevance (N 50) Difference (N 56) Difference

HCR-20V3 Item/Scale M (SD) M (SD) M (SD) Cohens d M (SD) Cohens d

Historical Scale 13.92 (4.18) 10.88 (5.28) 10.94 (4.30) 0.70 14.54 (3.59) 0.16
Violence 1.55 (.72) 1.58 (.76) 0.90 (.89) 0.80 1.41 (.78) 0.19
Antisocial Behavior 1.85 (.43) 1.20 (.80) 0.82 (.83) 1.56 1.71 (.59) 0.27
Relationships 1.83 (.43) 1.46 (.74) 1.42 (.73) 0.68 1.66 (.51) 0.36
Employment 1.38 (.81) 0.63 (.74) 1.20 (.78) 0.23 1.80 (.48) 0.63
Substance Use 1.79 (.58) 1.23 (.83) 1.20 (.86) 0.80 1.82 (.47) 0.06
Major Mental Disorder 0.71 (.86) 0.54 (.83) 1.96 (.20) 2.00 1.20 (.90) 0.56
Personality Disorder 1.08 (.76) 1.20 (.90) 0.48 (.68) 0.83 0.68 (.81) 0.51
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Traumatic Experiences 1.18 (.93) 0.81 (.87) 1.52 (.74) 0.40 1.68 (.58) 0.65
Violent Attitudes 1.08 (.87) 1.24 (.93) 0.46 (.68) 0.79 0.98 (.84) 0.12
Tx/Supervision Response 1.46 (.86) 0.99 (.87) 0.98 (.77) 0.59 1.59 (.71) 0.16
Clinical Scale 5.43 (2.23) 4.93 (2.67) 5.40 (1.96) 0.01 4.39 (2.77) 0.41
Insight 1.63 (.67) 1.43 (.77) 0.94 (.84) 0.91 1.11 (.76) 0.73
Violent Ideation 0.51 (.75) 0.68 (.92) 0.52 (.84) 0.01 0.20 (.52) 0.48
Major Mental DO 0.51 (.74) 0.46 (.80) 1.84 (.42) 2.21 0.86 (.92) 0.42
Instability 1.62 (.58) 1.60 (.62) 1.16 (.71) 0.71 1.13 (.85) 0.67
Tx/Supervision Response 1.15 (.94) 0.76 (.86) 0.94 (.82) 0.24 1.11 (.89) 0.04
Risk Management Scale (Institution) 5.64 (1.89) 3.63 (2.73) X X X X
Professional Services 1.77 (.50) 0.51 (.70) X X X X
Living Situation 1.20 (.49) 1.08 (.82) X X X X
Personal Support 0.99 (.70) 0.58 (.66) X X X X
Tx/Supervision Response 0.56 (.73) 0.43 (.66) X X X X
Stress or Coping 1.12 (.65) 1.02 (.82) X X X X
Risk Management Scale (Community) 6.98 (2.32) 5.73 (3.09) 4.06 (2.32) 1.26 6.29 (2.48) 0.29
Professional Services 1.77 (.50) 1.24 (.83) 0.46 (.65) 2.26 0.86 (.77) 1.40
Living Situation 1.08 (.78) 0.94 (.75) 0.48 (.61) 0.86 1.21 (.80) 0.16
Personal Support 1.12 (.74) 1.02 (.78) 0.78 (.79) 0.44 1.45 (.76) 0.44
Tx/Supervision Response 1.58 (.68) 1.26 (.81) 1.06 (.79) 0.71 1.36 (.77) 0.30
Stress or Coping 1.42 (.66) 1.27 (.77) 1.22 (.76) 0.28 1.41 (.65) 0.02

Given that prior research (e.g., Douglas et al., 2005) has with the Interaction scales (created from the interaction
indicated that HCR-20 total scores are not isomorphic with between the item-level Presence and Relevance ratings) as
SRRs and that SRRs evidence incremental validity in pre- predictors. Using the leave one out cross-validation
dicting violence beyond the scale scores, we examined the method (U method), we entered the three Presence scale
extent to which the item Relevance ratings might incremen- scores and the three Interaction scale scores as predictor
tally contribute to the predictive validity of the Presence variables for the SRR: Future Violence (upon release into
ratings in the prediction of the SRRs as criterion variables the community). This resulted in the correct classification
by conducting step-wise discriminant function analyses of 67.90% of the cross-validated cases, x2 (4) 47.38,
p < .001, Wilks .56. Notably, only the Interaction C
and Interaction R-Community scales were retained in the
TABLE 2 DFA, indicating that SRRs are more a function of the inter-
Percentages of Categorical Summary Risk Ratings
action between Presence and Relevance ratings than merely
Summary Risk Rating Low Moderate High the aggregation of the Presence items. Although step-wise
approaches tend to overfit the data, similar results were
Future Violence (In) 60.7 34.5 4.8
obtained in the remaining analyses. DFAs for the remaining
Serious Physical Harm (In) 69.0 25.0 6.0
Imminent Violence (In) 65.5 28.6 6.0 5 SRRs (Future Violence-Institution, Serious Physical
Future Violence (Out) 28.6 46.4 25.0 Harm-Institution, Imminent Violence-Institution, Serious
Serious Physical Harm (Out) 50.0 31.0 19.0 Physical Harm-Community, and Imminent Violence-Com-
Imminent Violence (Out) 53.6 34.5 11.9 munity) indicated that only the interaction scales uniquely
Note. In Risk for violence within the detention center; Out Risk for predicted the SRRs, as the Presence scales in isolation were
violence in the community. not retained in any of the functions.
168 SMITH ET AL.

DISCUSSION in the Canadian psychiatric sample and were slightly


greater than the Canadian prison sample, likely reflecting
The present study investigated the HCR-20V3 (Douglas the high prevalence of mental health problems in U.S. cor-
et al., 2013) among a sample of male inmates in a pre-trial rectional samples as well as the paucity of mental health
correctional facility. Our results support the potential use of resources (e.g., treatment availability). Regardless, it is
this SPJ risk assessment measure in pre-trial settings to apparent that in this pre-trial setting, objectively ascertain-
assist with correctional and forensic determinations (e.g., ing participants current and past mental health history
correctional facility housing arrangements, bail decisions, proved difficult.
probation pre-trial recommendation reports). However, Similarly, participants in the present study obtained
more research on this issue is clearly warranted as the higher ratings on average for item H7 (Personality Disor-
HCR-20V3 entails some scoring challenges as well as der) than those in the Canadian psychiatric or correctional
changes from its predecessor that necessitate consideration samples, again evidencing large and medium effect sizes,
prior to adapting it for use with pre-adjudication cases. respectively. Although it is expected that the base rates of
Overall, our data indicate that this instrument can be personality disorder, and psychopathy/ASPD in particular,
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reliably scored in a pre-trial setting, despite the scoring would be lower in psychiatric settings, it is not readily clear
challenges encountered. However, the reliability for the how to attribute the difference between the present sample
R-Institution scale was below accepted levels. Perhaps the and the Canadian correctional sample. One reason may
unique housing arrangement for participants in the present stem from the rating criteria. In the present study, this item
study (i.e., large dormitories housing > 60 inmates) con- was scored based on the HCR-20V3 scoring guidelines that
tributed to uncertainty regarding the extent to which these encourage evaluators to consider any personality disorder
factors would impact participants violence risk in this diagnosis. In five cases, participants in the present study
setting. obtained ratings of 1 or 2 on this item due solely to Narcis-
sistic Personality Disorder or subthreshold traits. In the
Canadian correctional sample, participants diagnoses of
Comparison with Other Settings
ASPD or psychopathy alone were considered for the analy-
In U.S. prison settings, approximately 50% of all inmates ses presented (K. S. Douglas, personal communication,
exhibit symptoms indicative of mental health problems September 26, 2013). Additionally, approximately half of
(U.S. Bureau of Justice Statistics, 2006) which many attri- the Canadian correctional sample was comprised of
bute to the shift of mentally ill patients from psychiatric women, and in general, the base rates of ASPD are lower
inpatient settings to correctional settings due to the deinsti- among incarcerated women than in male offender samples
tutionalization policies of the 1960s (Testa & West, 2010). (Jordan, Schlenger, Fairbank, & Caddell, 1996; Zlotnick
Although the average rating on item H6 (Major Mental Dis- et al., 2008).
order) in the present study approached 1 (Possibly Present), Given the broader scoring guidelines for item H7 in the
the average rating on item C3 (Recent Symptoms of Major HCR-20V3, it is worth considering: Is something lost when
Mental Disorder) was closer to 0 (Not Present). In compari- the PCL-R is no longer required? Admittedly, changes to a
son to the Canadian psychiatric and correctional samples single item may not drastically impact the overall scale
(see Table 1), the lower ratings on these items in the pres- scores (in research contexts) or risk predictions. However,
ent study were even more apparent, demonstrating large to score a PCL-R, evaluators administer a semi-structured
and medium effect sizes (Cohen, 1992), respectively. It is interview that assesses multiple domains including partic-
probable that the lower ratings ascribed in the present study ipants childhood, family history, antisocial conduct, as
were caused by several factors. Most importantly, the facil- well as self-perceptions about the participants actions and
ity in which the study was conducted lacked a full-time the legal system. Currently, no specific interview is
mental health staff member, and file information regarding required to score the HCR-20V3. If evaluators substitute
mental health was severely limited and in most cases was ASPD diagnostic status in lieu of conducting a formal
restricted to self-report intake screenings. Additionally, par- PCL-R interview, the potential exists for variance in the
ticipants may have intentionally withheld information about information gathered across settings, samples, and individ-
mental health symptoms due to social desirability or due to ual evaluators. In a similar vein, other psychopathy instru-
fears that the information would be deemed cause for ments may be used to score item H7. It is not clear to what
breaching confidentiality and informing staff. Finally, the extent this change may impact overall ratings for the entire
present study employed a three-part consent process that HCR-20V3 instrument. Because the present study was con-
screened participants as ineligible for participation if they ducted under circumstances in which evaluators had access
did not pass a comprehension quiz. Two participants were to the results from a PCL-R semi-structured interview,
excluded from the study on this basis due to active symp- ASPD diagnostic information, and other information
toms of psychosis. Overall, however, the Clinical scale gleaned from an additional semi-structured interview, there
scores obtained in the present study mimicked those found is no way to empirically investigate this question with the
ADAPTING THE HCR-20V3 169

present data. Thus, it remains an important topic for future (e.g., irritability, disorganized speech, paranoia) to achieve
research. more accurate ratings of clinical risk factors. Additionally,
confirmation of diagnostic status was attempted by examin-
Pre-trial Setting Item Assessment Difficulties ing medical records for currently prescribed medications
and Recommendations indicative of mental health treatment (e.g., antipsychotics,
antidepressants). Alternatively in clinical contexts, evalua-
Overall, ratings obtained regarding the Risk Manage- tors may be able to ascertain the agency where an inmate
ment Scale-Community scores were greater than those previously received psychological services and request
reported for the Canadian psychiatric and correctional documentation of mental health treatment.
samples. These results generally conform with expecta-
tions, given the uncertainty regarding the pre-trial par-
R1 (Professional Services)
ticipants legal status and supervision requirements as
well as the lack of treatment options available in the The Professional Services item entails assessment of the
present study. extent to which treatment programs designed to reduce a
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persons violence risk are available. In a pre-trial setting,


H1 (Violence) and H2 (Other Antisocial Behavior) this item proved particularly challenging to score as essen-
tially no treatment options were available to participants at
Scoring the Violence and Other Antisocial Behavior the time of the research study. Further, because in most
items can prove difficult in pre-trial settings because the cases participants had not yet been acquitted, convicted, or
index offenses are charges rather than convictions. In the sentenced, it was virtually impossible to discern what treat-
present study, the researchers included all official charges, ment options (e.g., substance abuse treatment, anger man-
in addition to any previous charges admitted to by partici- agement) might be available or mandated once participants
pants that were not listed in the files, when scoring these left the detention facility. Evaluators in clinical contexts
items based on recommendations for this research context should avail themselves of information regarding services
from the HCR-20V3 lead developer (K. S. Douglas, per- that would likely be available to the defendant in all cir-
sonal communication, October 1, 2012). An alternate rec- cumstances (e.g., conviction, acquittal). It may also be ben-
ommendation provided by the lead developer entailed eficial to conduct two sets of ratings for the Risk
scoring these items based solely on prior convictions unless Management items (based on the individuals circumstan-
participants admitted guilt in the instant offense. We opted ces if acquitted or convicted).
not to adopt that strategy in the present context, however.
In clinical settings, evaluators have a more difficult task of
R2 (Living Situation)
weighing the ethical implications incurred from either low-
ering risk ratings for those who have not been convicted of Nearly all participants in this study, with the rare excep-
the instant offense (and potentially endangering others) or tions of those recruited from other housing units (e.g., pro-
considering all current charges and raising offenders risk tective custody, the medical unit), were assessed during
ratings (and perhaps placing the offender under greater risk their orientation period soon after entering the facility and
management strategies than are genuinely warranted). would be transferred to large, dormitory-style housing units
Further, considering the substantial proportion of U.S. shared with approximately 60 other inmates. These housing
criminal cases that are resolved through plea bargaining, it settings often involve stressors including difficulty sleep-
would be important for evaluators to be familiar with ing, lack of privacy, lack of control over entertainment
informal procedures for charge bargaining in the jurisdic- options (e.g., disputes over TV), closed-circuit camera
tions in which they work to have some sense of what pre- rather than in-person visitation, and the potential for inter-
trial charges may ultimately look like once pled down. For personal conflict. Therefore, when scoring this item with
example, anecdotal evidence suggests that in the authors respect to the institutional setting, ratings for participants in
jurisdiction, charges of Driving While Intoxicated may be the present study nearly always warranted a score of at least
reduced to the lesser charge Obstruction of a Highway, 1 (Possibly Present) on this item, given the potential for
which has implications not only for item H2 but also items increased interpersonal conflict, stressors in the environ-
H5 (Problems with Substance Abuse) and C1 (Recent Prob- ment, and negative peer influences. Ratings for this item
lems with Insight) as well. will likely vary substantially across pre-trial settings based
on the particular housing situations in which the research or
H6 (Major Mental Disorder) clinical evaluation takes place.

When collateral corroboration was impeded due to a


Relevance Ratings
lack of prior contact with mental health providers (or lack
of records thereof), evaluators attempted to supplement The Relevance ratings are a new addition to the HCR-
explicit interview data with direct observation of symptoms 20V3, and it is unclear how these items might be impacted
170 SMITH ET AL.

by participants setting (e.g., housing, treatment availabil- advocated by Douglas and Ogloff (2003) was not under-
ity). Therefore, because of the inherent uncertainty regard- taken in the current study, and such information may pro-
ing participants legal status in pre-trial settings, we vide valuable insight into: (1) which items and sub-items
assessed all risk management items for both a potential are more difficult to score in pre-trial settings, and (2) the
period of institutionalization (In) and one of community extent to which the predictive validity of the instrument is
residence (Out). impacted when ratings are made with less confidence.
A specific difficulty encountered with the Relevance rat- In conclusion, the present study investigated the use of
ings included participants whose index offense was Driving the HCR-20V3 in a pre-trial setting. The researchers
While Intoxicated. None of the present study participants encountered some obstacles when attempting to score the
injured anyone as a result of such an offense. However, items (e.g., uncertainty regarding participants legal status,
many participants had multiple charges for driving while limited file information), and some noteworthy differences
under the influence of alcohol, and a substantially greater were found in mean item scores when compared to other
portion admitted to driving under the influence of substan- recent HCR-20 V3 samples. Overall, however, results indi-
ces, although they had not been charged. For those partici- cated that this instrument seems to be adaptable for use in a
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pants with no prior history of violence, according to the pre-trial context. Further, the inclusion of Relevance ratings
HCR-20V3 scoring guidelines (Douglas et al., 2013), a in the HCR-20V3 appears to be an advantageous aspect of
score of 0 (Not Present) on H1 should be assigned. How- the instrument worthy of further study, given that the inter-
ever, clearly if participants continue to engage in such action of the Presence and Relevance ratings appears to
risky, substance-impaired driving, that behavior is relevant incrementally relate to SRRs in our data. Future studies
to participants risk for committing acts of violence as should investigate the extent to which the Interaction scales
defined by the HCR-20 V3 manual. Therefore, in the present evince similar results in relevant criterion variables (e.g.,
study, participants in these situations received elevated Rel- the prospective prediction of violence). We encourage
evance scores on items H2 (Antisocial Behavior) and often future research on the predictive validity of the revised
on C1 (Recent Problems with Insight) as well. Further clar- instrument in pre-trial institutional settings as well as in the
ification from the instrument developers regarding scoring community at large.
guidelines for this example is important as similar circum-
stances are likely to be frequently encountered, particularly
in pre-trial settings. REFERENCES
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