Module 12 - Chapter 12 Lecture Notes PDF

Preview

Summary

Download Module 12 - Chapter 12 Lecture Notes PDF

Description

CHAPTER 12 PROBATION AND INTERMEDIATE SANCTIONS Community Corrections: Assumptions Can you name the philosophical assumptions that underlie community corrections? Your authors describe that proponents (or rather advocates) usually refer to four factors in support of community corrections. They are: 1. Many offenders’ criminal records and current offenses are not serious enough to warrant incarceration. 2. Community supervision is cheaper than incarceration. 3. Rates of recidivism, or returning to crime, for those under community supervision are no higher than for those who go to prison. 4. Ex-inmates require both support and supervision as they try to remake their lives in the community. All of the above then offers the idea of the understanding that community corrections is based on the goal of finding the “least restrictive alternative.” (in essence, not sending every offender to a prison environment because not every offender meets the criteria of a serious/violent offender who warrants a prison sentence).

What are the pros and cons of community corrections versus incarceration? Probation: Correction without Incarceration Can you describe how probation evolved and how probation sentences are implemented today? Probation is the conditional release of the offender into the community, under the supervision of correctional officials. It is considered ‘conditions;’ as at any point during the supervision, if the offender violates their supervision order, the Probation Officer (Counselor, Agent, etc.) can revoke their supervision and place the offender in a more restrictive environment. Typically, this would be jail. Probation may include fines, restitution, and community service. In recent times, an estimated of over four million people are on probation in the United States. Origins and Evolution of Probation Probation first developed in the United States in 1841 by John Augustus, who was interested in rehabilitating offenders in the community. The idea spread and by the 1940s there were fortyfour states with probation systems. Beginning in the 1940s the rise in psychology led probation officers to focus on therapeutic counseling as opposed to solely punishment and incarceration methods. By the 1970s the focus of probation had shifted to “risk management.”. Risk management reflects two basic goals: 1. The punishment should fit the offense 2. The risk that the probationer will return to crime determines the amount and type of supervision

Organization of Probation Most states place probation services under the state’s executive branch. A few states place probation under the direction of the judicial branch. Some states combine parole and probation services but the lifestyles and needs of these two types of offenders are often quite different. Probation Services Probation officers enforce conditions of probation but also serve as a sort of social worker. The potential conflict between these two roles is great. Review page 430 for explanations of both as they concern this position. A major current challenge for probation officers is the size of their caseloads. Many probation caseloads are quite high as offenders are considered less serious compared to parole offenders, where caseloads are typically smaller with more supervision. Revocation and Termination of Probation Probation ends in one of two ways: a. The person successfully completes the period of probation. b. The probationary status is revoked because of misbehavior. *Revocation = Placing an offender in a more restrictive environment, not to continue their supervision in the community. Usually, when an offender’s supervision is revoked, their community supervision is halted (often called ‘dead time’) wherein they will need to make this time up on supervision once released to the community again. Revocation of probation can occur for either a technical violation or a new arrest. *Technical Violation = Not considered a new charge, rather a violation of their supervision order. See page 431. •

Gagnon v. Scarpelli (1973) the Supreme Court extended due process rights to probationers during revocation proceedings.

Assessing Probation Key points to understand under this section is that heavy caseloads limit the amount of contact the officer has with the probationer. This makes it tough for the offender who may need more one to one attention and guidance. Recidivism rates for probationers is lower than for those who have been incarcerated. This is somewhat due to offenders who are on probation have typically had less time ‘in the system’, some have committed lesser crimes and/or are more willing to rehabilitate. Support for probation is based in large part due to its low cost as compared to prison. “Probation and Pretrial Services” http://www.uscourts.gov/Careers/CareerProfiles/ProbationPretrialServices. (Video from United States Courts) As you have time, try to view the short video from the United States Courts. This video explains the duties of a Federal Probation Officer. Approximately 50 percent of the federal inmate prison population is filled with drug offenders. Should we take those inmates and place them on probation? Why or why not? Consider the enormous cost of imprisonment on taxpayers.

Intermediate Sanctions in the Community Can you describe intermediate sanctions, and give examples of how they are administered? Intermediate punishments fill the void between incarceration and traditional less restrictive probation. Intermediate sanctions administered primarily by the judiciary There can be several forms of intermediate sanctions used, however, typically the most used are: 1. Fines 2. Restitution 3. Forfeiture *My experience using Intermediate type sanctions with parole offenders (electronic monitoring, intensive supervision, home confinement, community service, specific treatment programming, etc.) was that it was effective, and I was able to match the punishment to the offender. Hence, being creative, working with the offender and therefore having more of an impact with them. Intermediate Sanctions Administered in the Community 1. Home confinement 2. Community service 3. Day reporting centers 4. Intensive supervision probation (ISP) *Make sure you review this section, pages 441-445 and understand how each sanction is used. Intermediate Sanctions Administered in Institutions and the Community 1. Boot camps, or shock incarceration *Boot Camps were the big rage in the late 1970’s early 1980’s. They have been met with much controversary resulting in many that have closed. The camps including juvenile offenders have altered their program to include mental health counseling, an educational component, family counseling and physical exercise. A successful boot camp screen their offenders carefully for offenses (many do not allow sexual offenders or violent/serious offenders), length of sentence, the offender’s rehabilitation commitment as well as a strong aftercare component. Implementing Intermediate Sanctions Three major questions have emerged about their implementation: 1. Which agencies should implement the sanctions? 2. Which offenders should be admitted to these programs? 3. Will the community corrections net widen as a result of these policies? Net widening is the process in which a new sanction increases the control over offenders’ lives rather than reducing it. Stronger nets and different nets are also ways to perceive of intermediate sanctions. “A Note on the Effectiveness of the House-Arrest Alternative for Motivating DWI Offenders to Install Ignition Interlocks” http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2793078/ (Report from National Institute of Health) Read the cited article when you have time, concerning using house arrest for DUI offenders for those who do not have cars. Is this a good alternative to the ignition locks? Is it effective? What other offenses should house arrest be a first line punishment for?

The Future of Community Corrections Can you identify the key issues faced by community corrections at the beginning of the twentyfirst century? In 2014, there were 4.7 million Americans under community supervision. Despite tremendous growth community corrections still lacks widespread support and suffers from an image of being “soft on crime.”

Key Terms: boot camp - A short-term institutional sentence, usually followed by probation, that puts the offender through a physical regimen designed to develop discipline and respect for authority. Also referred to as shock incarceration. (p. 445) community justice - A model of justice that emphasizes reparation to the victim and the community, approaching crime from a problem solving perspective, and citizen involvement in crime prevention. (p. 429) community service – A sentence requiring the offender to perform a certain amount of unpaid labor in the community. (p. 442) day reporting center – A community correctional center where an offender reports each day to comply with elements of a sentence. (p. 443) fine - A sum of money to be paid to the state by a convicted person as punishment for an offense. (p. 438) forfeiture – Government seizure of property and other assets derived from or used in criminal activity. (p. 439) home confinement – A sentence requiring the offender to remain inside his or her home during specified periods. (p. 441) intensive supervision probation (ISP) – Probation granted under conditions of strict reporting to a probation officer with a limited caseload. (p. 443) net widening - Process in which new sentencing options increase rather than reduce control over offenders’ lives. (p. 447) recidivism - A return to criminal behavior. (p. 427) restitution - Repayment—in the form of money or service—by an offender to a victim who has suffered some loss from the offense. (p. 438) technical violation – The probationer’s failure to abide by the rules and conditions of probation (specified by the judge), resulting in revocation of probation. (p. 431)...