Probation and Community Corrections

Probation and Community Corrections

© 2002 Wadsworth Publishing Co.

Chapter 12Introduction to Criminal Justice 2003:

A Microsoft® PowerPoint® Tool

Slides prepared by:Larry Bassi

SUNY Brockport

Chapter 12Introduction to Criminal Justice 2003:

A Microsoft® PowerPoint® Tool

Slides prepared by:Larry Bassi

SUNY Brockport

Task of the Corrections SystemTask of the Corrections System

Corrections includes building or Corrections includes building or rebuilding solid ties between the rebuilding solid ties between the offender and the community, offender and the community, integrating or reintegrating the integrating or reintegrating the offender into the community life - offender into the community life - restoring family ties, obtaining restoring family ties, obtaining employment and an education, employment and an education, securing in the larger sense a securing in the larger sense a place for the offender in the place for the offender in the routine functioning of society. routine functioning of society.

Pretrial DiversionPretrial

Diversion

Pretrial Diversion Programs interrupt the

proceedings and usually include treatment or counseling.

Pretrial Diversion Programs interrupt the

proceedings and usually include treatment or counseling.

Community-basedcorrections is an importantstep in diverting criminalsto alternative modes of punishment in order to ensurethat scarce incarceration resources areconsumed only by the most dangerouscriminals. Less serious offenders are“strained” out (or diverted) fromincarceration.

Community-Based Corrections

Community-Based Corrections

ProbationProbation

Probation canbe defined as“… the legal status of an offender who, after being convicted of a crime, has been directed by the sentencing court to remain in the

community under the supervision of a probation service for a designated period of time and subject to certain conditions imposed by the court or by the law.

ProbationProbation

Philosophy of ProbationPhilosophy of Probation

• Based on the premise that the average offender is not a danger to society

• Use of it eliminates the negative effects of the prisonization process (socialization into prison life)

• Gives offenders a second chance

• Based on the premise that the average offender is not a danger to society

• Use of it eliminates the negative effects of the prisonization process (socialization into prison life)

• Gives offenders a second chance

Felony Sentences Imposed by State Courts

Felony Sentences Imposed by State Courts

Percentage of Felony Convictions Straight

Probation

Split

ProbationPrison Jail

No

Incarceration

OffenseAll Offenses 29 29 29 10 3

Murder 5 11 83 1 0

Sexual Assault

20 29 46 4 1

Aggravated Assault

26 31 32 9 2

Burglary 27 27 36 8 2

Drug Possession

28 37 21 12 2

Drug

Trafficking25 31 30 11 2

Factors Leading to Probation RevocationFactors Leading to

Probation RevocationProbationProbation

DeniedDenied

Multiple ChargesMultiple ChargesOn probation or paroleOn probation or parole at time of arrest at time of arrestTwo or more priorsTwo or more priorsAddicted to narcoticsAddicted to narcoticsSeriously injured the Seriously injured the victim victimUsed a weapon during theUsed a weapon during the crime crime

Categories of

Probation Conditions

Categories of

Probation Conditions

StandardStandard TreatmentTreatment

PunitivePunitive

Conditions of Probation Conditions of Probation

Special Conditions Imposed on ProbationersSpecial Conditions Imposed on Probationers

Federal Probation Supervision LevelsFederal Probation Supervision Levels

Four Types of Probation Officers

Four Types of Probation Officers

Mediator Punitive

Therapeutic

Bureaucratic

FourFourTypesTypes

ofofProbationProbationOfficersOfficers

Probation is becoming progressively more dangerous because...

Probation is becoming progressively more dangerous because...

• DEMOGRAPHICSAs probation is increasingly offered to felons, probation officers find themselves dealing with a higher percentage of violent offenders.

• DEMOGRAPHICSAs probation is increasingly offered to felons, probation officers find themselves dealing with a higher percentage of violent offenders.

• FIREARMSWith more guns on the streets, the likelihood that a probationer is armed has increased significantly

• FIREARMSWith more guns on the streets, the likelihood that a probationer is armed has increased significantly

Revocation ProcessRevocation Process

Preliminary HearingPreliminary HearingPreliminary HearingPreliminary Hearing

Revocation HearingRevocation HearingRevocation HearingRevocation Hearing

Revocation SentencingRevocation SentencingRevocation SentencingRevocation Sentencing

Is Probation Successful?Is Probation Successful?

• Evidence is mixed

• Recidivism - what does it mean?– Rearrest, reconviction, technical violations

• Serious offenders most likely to recidivate

• Probation recidivism is lower than prison recidivism

• Evidence is mixed

• Recidivism - what does it mean?– Rearrest, reconviction, technical violations

• Serious offenders most likely to recidivate

• Probation recidivism is lower than prison recidivism

What’s the Future of Probation?

What’s the Future of Probation?

• Flexible

• Alleviates prison overcrowding

• Cost effective

• Allows for the imposition of probation fees

• Flexible

• Alleviates prison overcrowding

• Cost effective

• Allows for the imposition of probation fees

It will likely continue to be the most popular alternative sentence because it is:It will likely continue to be the most popular alternative sentence because it is:

Literacy Programs, Successful Probation Completion, and Recidivism

Literacy Programs, Successful Probation Completion, and Recidivism

The Punishment Ladder

The Punishment Ladder

Death PenaltyDeath Penalty

PrisonPrison

Boot campsBoot camps

Split sentencesSplit sentences

Residential community centerResidential community center

Electronic monitoringElectronic monitoring

House arrestHouse arrest

Intensive probationIntensive probation

RestitutionRestitution

ProbationProbation

ForfeitureForfeiture

FinesFines

ThePunishmen

tLadder

ThePunishmen

tLadderIntermediate Intermediate

sanctions allow sanctions allow judges to fit judges to fit punishment to the punishment to the crime without crime without resorting to a resorting to a prison sentence. prison sentence. They are punitive They are punitive because they are because they are increasingly increasingly severe.severe.

Supervision FeesSupervision Fees

Fines as a Criminal SanctionFines as a Criminal Sanction

• Used more often in lesser offenses or when financial profits were high

• Fines may discriminate against the poor

• Many fines go uncollected$

$$$

Day Fines are based on the seriousness of the offense and the offenders ability to pay.

Community Service OrdersCommunity Service Orders

Sentences that orderoffenders to workwithout pay at projectsthat benefit either thepublic or public charities.

Sentences that orderoffenders to workwithout pay at projectsthat benefit either thepublic or public charities.

RestitutionRestitution

• Pay back to victims or community service

• Used in 30% probation cases; the average is $3400; 60% make full payment in 3 years

• Qualified success• Widens the net of social control

Forfeiture as a SanctionForfeiture as a Sanction

• Can be used in civil & criminal cases

• Seizure of goods & instrumentalities related to the commission or outcome of a criminal act

• Zero tolerance

• Proportionality

• Can be used in civil & criminal cases

• Seizure of goods & instrumentalities related to the commission or outcome of a criminal act

• Zero tolerance

• Proportionality

Day Reporting CentersDay Reporting Centers

• Tools used to reduce jail and prison overcrowding

• Individual must spend all or part of each day at a reporting center

• Makes more easy to control and supervise individuals

• These can be used as tools of rehabilitation

• Tools used to reduce jail and prison overcrowding

• Individual must spend all or part of each day at a reporting center

• Makes more easy to control and supervise individuals

• These can be used as tools of rehabilitation

Intensive Supervision Probation

Intensive Supervision Probation

Considered as probation plus Rely on great degree of client contact by

probation officer (smaller case loads) Criteria for use vary throughout U.S. Many systems use very specific conditions, e.g.

mandatory curfew, employment, drug testing, community service, etc..

Effectiveness varies

Intensive Probation GoalsIntensive Probation Goals

• Diversion from prison

• Maintain control of the individual

• Facilitate reintegration into the community

• Diversion from prison

• Maintain control of the individual

• Facilitate reintegration into the community

Shock IncarcerationShock Incarceration

Judges sentence anindividual to a period of time

in an institution, many ofwhich resemble an army

boot camp. After a periodof incarceration the offender

may apply for probation.Some states limit this option to certain types of offenders.

Judges sentence anindividual to a period of time

in an institution, many ofwhich resemble an army

boot camp. After a periodof incarceration the offender

may apply for probation.Some states limit this option to certain types of offenders.

Home ConfinementHome Confinement

• Offender required to spend extended periods of time in one’s own home as an alternative to incarceration

• Little standardization throughout U.S. in how house arrest is administered

• Offender required to spend extended periods of time in one’s own home as an alternative to incarceration

• Little standardization throughout U.S. in how house arrest is administered

• CURFEW

• HOME DETENTION

• HOME INCARCERATION

Levels of Home Confinement

Levels ofHome Confinement

Levels ofHome Confinement

Electronic MonitoringElectronic Monitoring

• Often used to ensure compliance with house arrest• Similar recidivism to traditional systems• Costs are lower (capital v. labor)• Overcrowding is reduced• Issues of privacy and liberty • Compliance technologies vary

• Often used to ensure compliance with house arrest• Similar recidivism to traditional systems• Costs are lower (capital v. labor)• Overcrowding is reduced• Issues of privacy and liberty • Compliance technologies vary

Boot CampsBoot

Camps

Boot Camps(as forms of shock incarceration)

Boot Camps(as forms of shock incarceration)

• Modeled after military basic training• Emphasizes strict discipline, manual labor and physical training• Duration is relatively short• Only available to certain offenders• Failure results in incarceration in a regular prison facility

Eligibility Requirements of Boot Camps in

the United States

Eligibility Requirements of Boot Camps in

the United States

As more and more alternatives toincarceration are used, the criminal

justice system can expand the number of people that can come

under its supervision.

As more and more alternatives toincarceration are used, the criminal

justice system can expand the number of people that can come

under its supervision.

Net WideningNet Widening

Alternative SentencingAlternative Sentencing

Split sentencesShock incarceration

Intermittent incarceration

Split sentencesShock incarceration

Intermittent incarceration