probation supervision and information gathering presentence reports
TRANSCRIPT
Probation Supervision and Probation Supervision and Information GatheringInformation Gathering
Presentence Reports
SentencingSentencing
Sentencing plays a key role in determining CBC duties and resource allocation.
Resources, like any business:– Time– Money– Manpower
SentencingSentencing
Probation and Parole Officers are often key players in the sentencing process.– Presentence Report, Recommendation
Sentencing Guideline Preparation– Probation Violation Reports, Recommendations– Parole Violation Reports, Recommendation
SentencingSentencing
In sentencing, the judge needs to know who and what you are dealing with.– First time offender, or career criminal?– History of substance abuse?– History of domestic or other violence?– Leader in crime? – Criminal audacity?– Extent of damage or loss to victim(s)?
The Presentence ReportThe Presentence Report
Purpose:
Presentence ReportPresentence Report
What sources provide offender information?
How is the information obtained?
PSR Investigation AreasPSR Investigation Areas
Family Schools Military Leisure Activities Health
– SA History
Religious Background Employment Financial Status Criminal History Present Offense
InvestigationInvestigation
Family:
InvestigationInvestigation
Schools
InvestigationInvestigation
Military
InvestigationInvestigation
Leisure Activities
InvestigationInvestigation
Religious Background
InvestigationInvestigation
Health
InvestigationInvestigation
Employment
InvestigationInvestigation
Financial Status
InvestigationInvestigation
Criminal History
InvestigationInvestigation
Present Offense
InvestigationInvestigation
Community Resources To Aid Supervision
InvestigationInvestigation
Summary and Recommendation
InvestigationInvestigation
Who uses presentence report information?
Who Uses PSRs?Who Uses PSRs?
Judges Prosecutors Defense Attorneys Probation Officer TX Programs
Prisons and Jails Parole Board Parole Officer TX Programs Police
InvestigationInvestigation
Why do we do these investigations?
• Primarily: Public Safety
• Also: Facilitate Fairness and Justice
SentencingSentencing
Do PO recommendations have any influence in criminal sentencing?
Judges Sentencing Judges Sentencing ConsiderationsConsiderations
Current Offense Confinement Status Prior Criminal Record Number of Arrests Longest Residence
Longest Employment Months Employed Occupation Military History Income
Judges Sentencing Judges Sentencing ConsiderationsConsiderations
What three factors do judges most heavily consider in sentencing?
Sentencing Reforms Sentencing Reforms
Sentencing GuidelinesTruth In SentencingPeer CourtsDrug CourtsMental Health CourtsMore
Systems TheorySystems Theory
External Influences Affect The CJ system. Technology
Politics Fiscal Restraints
Legal Changes Public Sentiment
Probation SupervisionProbation Supervision
Probation SupervisionProbation Supervision
Probation supervision serves both control and reform objectives.
Probation SupervisionProbation Supervision
Recall: Basic Supervision Elements• Assessment
• PSR, Classification Report, TX Records• Casework Counseling
• Focal, Results Oriented• Referral
• SA, SO, MH, Employment, Other• Follow-Up/Surveillance
• PC, HC, EC, CC, Police, Community, Acquaintances
Probation SupervisionProbation Supervision
Major elements of successful criminal casework:
• Supervision Planning• Documentation
Probation SupervisionProbation Supervision
Why do we use supervision plans?
Probation SupervisionProbation Supervision
Supervision Plans:– State where a case should be going
Substance Abuse TXMaintain Full-Time EmploymentPay $30.00 Restitution MonthlyEtc.
Probation SupervisionProbation Supervision
Casework and Supervision Planning– Apply to Adult and Juvenile Cases– Apply to Probation and Parole
Supervision PlansSupervision Plans
Supervision Plans Should Be:– Directed at Offender Risks and Needs– Behaviorally Stated (Offender’s Behavior)– Measurable (Time)– Focused On Outcomes (New Behavior)
Apply Skills Learned In Anger Management Class Rather Than Attend Anger Management Class
Planning For SuccessPlanning For Success
Involve offenders in supervision planning.
Follow-UpFollow-Up
Meaningful change in behavior is more likely to occur when focus is on outcomes (new behavior) not merely processes.
Follow-Up ExampleFollow-Up Example
How is follow-up best accomplished concerning applying skills learned in Anger Management Class?
• Have the offender describe how he is putting anger management class techniques into practice in his life.
Probation Supervision Probation Supervision DocumentationDocumentation
Documentation takes various forms
Probation Supervision Probation Supervision DocumentationDocumentation
Three Purposes of Documentation
Probation Supervision Probation Supervision DocumentationDocumentation
Case Management Purposes
Probation Supervision Probation Supervision DocumentationDocumentation
Court and Parole Board Expectations
Probation Supervision Probation Supervision DocumentationDocumentation
Liability Protection
DocumentationDocumentation
What should be recorded?
Significant Action ExamplesSignificant Action Examples
Decisions Services Rendered Assessments
Progress Periodic Evaluations Follow-Up Procedure
Probation SupervisionProbation Supervision
What do you do when supervision is not working?– Arrest? Warn? Reprimand?
How can you compel compliance?
Probation SupervisionProbation Supervision
What is in society’s best interest?
Probation SupervisionProbation Supervision
Recall: Intermediate Sanctions: The continuum of
sanctions/punishments between prison and probation that can be applied as alternatives to incarceration.
IS are graduated punishments.
Some Intermediate SanctionsSome Intermediate Sanctions
Fines Restitution Community Service Residence Restrictions House Arrest HEM
TX Orders Intensive Supervision Boot Camp Diversion Centers Detention Centers Day Reporting Centers More
Intermediate Sanction Intermediate Sanction PurposesPurposes
• Deterrence• Retribution• Incapacitation• Rehabilitation
• Reintegration• Offender
Accountability• Cost Effectiveness
PunishmentPunishment
Punishment, to be effective, must be regarded as undesirable to the recipient.
Effective PunishmentEffective Punishment
• Why impose punishment that is less punitive to offenders and more costly to society?
SummarySummary
Probation will continue to be the most widely used correctional disposition