Community Sentences: Probation, Intermediate Sanctions and Restorative Justice Chapter 12

Community Sentencing  Community sentences are popular because:  Less costly  Help the offender maintain family and community ties  Can be structured to maximize security and maintain public safety  Scaled in severity to correspond to the seriousness of the crime  Can feature restoration and reintegration  Can act as a “second chance”

Probation  Probation  A sentence entailing the conditional release of a convicted offender into the community under the supervision of the court, subject to certain conditions for a specified time

Probation  The common law practice of judicial reprieve  Allowed judges to suspend punishment so that convicted offenders could seek a pardon, gather new evidence, or demonstrate that they had reformed their behavior  The practice of recognizance  Enabled convicted offenders to remain free if they agreed to enter into a debt obligation with the state

Probation  Currently about 4 million people are on probation  More than 2 million people are being placed on probation annually – a slightly larger number than exit their probation sentence  Probation rules are a set of conditions or restrictions mandated by the court that must be obeyed by a probationer

Probation  Revocation  Probation may be revoked if a probationer fails to comply with rules and disobeys reasonable requests to meet their treatment obligations  Some states have a statewide probation service, but each court jurisdiction controls its local department  Other states maintain a strong statewide authority with centralized control and administration

Thinking Point Probation authorities have worked with social networking sites to identify and remove registered sex offenders using the service. Often as a result, sex offenders are banned from any and all “non- employment related” internet use. Is this akin to barring individuals from all telephone use because they used the telephone to commit fraud? Is this a fair condition of probation in your opinion? Why or why not?

Probation  Probation officers usually have five tasks: ① Investigation  Presentence investigation serves as the basis for sentencing ② Intake ③ Diagnosis  Used to select appropriate treatment modes ④ Treatment supervision ⑤ Risk classification  Assessment of the risk level probationers pose to the community and themselves

Probation  The U.S. Supreme Court has ruled that probationers have a unique status and they are entitled to fewer constitutional protections than other citizens  Minnesota v. Murphy  Griffin v. Wisconsin  United States v. Knights

Probation  Because placing a person on probation implies that probation will continue unless the probationer commits a major violation, the defendant has been given certain procedural due process rights at this stage of the criminal process  Mempa v. Rhay  Morrissey v. Brewer  Gagnon v. Scarpelli  Beardon v. Georgia  United States v. Granderson

Probation  Probation is cost effective  Annual cost of incarceration:  Approximately $25,000  Annual cost of probation:  Approximately $2,000  National research suggests:  60% of probationers successfully complete their probationary sentence  40% are arrested, violate probationary rules, or abscond

Probation  Even the most serious criminals who receive probation are less likely to recidivate than those who are sent to prison for committing similar crimes  Young males who are unemployed or who have a very low income, a prior criminal record, and a history of instability are most likely to be rearrested

Probation  Current initiatives that may shape the future of probation  Making probationers pay  Hot spot probation  Area needs  Specialized probation  Privatization  Swift and sure punishment

Intermediate Sanctions  Intermediate sanctions include programs that are usually administered by probation departments  Group of punishments falling between probation and prison  House arrest  Intensive supervision  Serve as alternatives to incarceration

Thinking Point Intermediate Sanctions What types of crimes would you advocate for intermediate sanctions? Does it depend if it is a first or second offense? Do you think these types of sanctions are effective?

Intermediate Sanctions  Advantages of Intermediate Sanctions  Cost benefits  Equitable community sentences  Increased control  Reduced overcrowding  Use with different classes of offenders

Punishment Ladder

Intermediate Sanctions  Fine  Money owed by offenders to compensate society for their misdeeds  A day fine  Geared to the average daily income of the convicted offender in an effort to bring equity to the sentencing process  Many judges continue to incarcerate offenders for noncompliance with financial orders, despite the U.S. Supreme Court ruling  Tate v. Short (1971)

Intermediate Sanctions  Forfeiture  The seizure of personal property by the state as a civil or criminal penalty  More than 100 federal statutes use forfeiture of property as a punishment

Intermediate Sanctions  Restitution  A condition of probation in which the offender repays society or the victim of the crime for the trouble the offender inflicted  May be monetary or in the form of community service restitution

Intermediate Sanctions  Shock probation and split sentences  Alternative sanctions designed to allow judges to grant offenders community release only after they have sampled prison life  A split sentence  Requires convicted criminals to spend a portion of their sentence behind bars and the remainder in the community  Shock probation  Puts offenders in prison for a short term before they begin probation, to impress them with the pains of imprisonment

Intermediate Sanctions  Intensive probation supervision  Involves small probation caseloads and strict monitoring on a daily or weekly basis  Goals are typically:  Decarceration  Control  Reintegration

Intermediate Sanctions  The house arrest concept  Requires convicted offenders to spend extended periods of time in their own home as an alternative to an incarceration sentence  Electronic monitoring frequently accompanies house arrest to ensure compliance

Intermediate Sanctions  Residential community corrections facility sentence  This is a nonsecure facility that houses probationers who need a more secure environment  Day reporting centers  Nonresidential community based treatment programs

Restorative Justice  Advocates suggest a policy based on restoring the damage caused by crime and creating a system of justice that includes all the parties harmed by the criminal act:  The victim, the offender, the community, and society  The Concept of Restoration  All crimes bring harm to the community  What is needed is repair  Accountability  Healing

Restorative Justice  According to the restorative view  The traditional justice system has done little to involve the community in the justice process  Restoration Programs  Offender recognition of harm  Offender commitment to reparation  Community support for victim and offender

Restorative Justice  There are many challenges of restorative justice:  Evaluation of these programs has been questionable thus far  Balancing the needs of offenders with those of victims can be challenging Do these programs reach out to all members of the community, including minorities and those of cultural and social differences?

Thinking Point Restorative Justice Are there crimes that restorative justice programs would be ideal for? Are there crimes that restorative justice programs may be less than ideal for? Research online Circles of Support and Accountability. Does it surprise you that restorative programs are used in this type of situation? Why or why not?