Probation and Community Corrections Chapter 12

The Justification for Community Corrections Reintegration – Goal of corrections – Prepares offender for return to the community without further criminal behavior Diversion – Diverts offenders away from prison/jail toward community based sanctions

The Justification for Community Corrections Diversion/Reintegration – Low cost alternative $25,000 vs $2000 No brainer for politicians and criminal justice officials

Probation: Doing time in the Community Roots of Probation – 19 th century judges wanted to inject leniency – Probation- criminal sanction in which a convict is allowed to remain in the community while following conditions set by the court – Judicial reprieve- temporary relief or the postponement of a sentence on the authority of a judge

Probation: Doing time in the Community John Augustus, 1841 – Wealthy and Religious shoemaker – Posted bail and convinced judge to release drunk to his custody for three weeks before sentencing – 3 weeks passed, judge only fined man Probation continues to evolve, more and more people are put in probation programs

Sentencing Choices and Probation Alternative Sentencing Arrangements – Split sentencing Prison/jail + probation – Shock Treatment Sentenced for set time, then allowed to petition for probation – Intermittent incarceration Spends set time each week in jail, otherswise working or other institution. IE. Weekend/nights

Sentencing Choices and Probation Eligibility for Probation – Denials often based on: Multiple convictions Already on probation or parole at the time of arrest Two or more prior convictions Addictions Serious injury to victim Use of a weapon during the crime

Sentencing Choices and Probation Guiding principles to conditions of probation – Rehabilitation – Protection of the community Types of conditions of probation – Standard conditions-imposes on all probationers reporting regularly Change of address Leaving jurisdiction Remaining employed

Sentencing Choices and Probation – Punitive conditions-reflects seriousness of offense Fines Community service Restitution Drug testing Home confinement – Treatment conditions- imposed to reverse patterns of self destructive behavior ASAP/AA/NA/Anger Management

Supervisory role of the Probation Officer Use of Authority – Officer-Offender relationship based on trust Hard to establish because self reporting can get them violated – Authority-power given to officer who has broken the law Offenders Perspective – Most will comply to minimize punishment

Supervisory role of the Probation Officer – Probationers can often have lack of respect for authority, which often causes probationers to be violated because of the very strict conditions Changing Environment of PO – Offered to more violent offenders – Act more as LE officer – Conduct surveillance/search & seizure – Administer drug test – Assist LE on high risk assignments

Supervisory role of the Probation Officer Revocation of Probation – Technical violations-not criminal; adminstrative rule violated – Trends between 80’s-90’s revocation rate was % Since then, the rate has lowered to about 65% – Decrease of violations due to state budget conditions – PO’s often looking the other way

Supervisory role of the Probation Officer The Revocation Process – Though some rights are taken, probationer still entitled to an attorney during process (US Supreme Court- Mempa vs. Rhay) – Three stage process Preliminary Hearing-determines if PC is present to revoke probation; can be waived Revocation Hearing-probation agency presents evidence to support claim, probationer and refute claims

Supervisory role of the Probation Officer – Revocation Sentencing-decision on incarceration and length of time; stricter terms Does Probation work?????? – Not designed to prevent violent outbursts – Designed to prevent recidivism Hybrid Approach – Combining “tough love” and treatment/counseling

Supervisory role of the Probation Officer Excessive case loads are hurting the system New Models – H.O.P.E 2004 Hawaii began Substance abuse probationers required to call courthouse daily and learn whether they are required to take a drug test Failure=short jail term, 1-2 weeks Resulted in decrease of positive tests

Supervisory role of the Probation Officer – California plan 1 st /2 nd time drug offense for personal use No jail if person completes yearlong treatment program followed by 6 months aftercare Savings of $3000 per probationer Intermediate Sanctions – More restrictive than probation but less than imprisonment

Sanctions Judicial Sanctions – Judges have discretion based on the totality of the circumstances Fines Community service Restitution Pretrial diversion programs Forfeiture – Pretrial Diversion programs Alternative to trial offered by a judge/prosecutor, in which the offender agrees to participate in counseling/treatment program in order to drop charges

Sanctions – Drug Courts >2000 in operation Designed to cure the addiction Georgia programs showed only 7% recidivism rate for those utilizing drug court vs. 15% rate for probationers vs. 29% rate for jailed persons – Forfeiture 1970, Racketeer Influenced and Corrupt Organizations Act (RICO)

Sanctions – Created to prevent use of legit business as shields for organized crime – Allows judges to seize property gained by criminal enterprises Day Reporting Centers – Offenders allowed to live in community – Spend part or whole day at the center – Offer treatment programs Roanoke Drug court program – Year long – Urine tests, counseling

Sanctions Intensive Supervision Probation – Punishment oriented, offender placed under strict control, more visits, surveillance Shock Incarceration – Short incarceration immediately after conviction to introduce hardships of jail and then released to probation – “Scared Straight” – Is it worth disrupting life of low level offender? Evidence shows otherwise

Sanctions Boot Camps – Instead of shock of jail, modeled on military basic training – Discipline, manual labor, physical training, rehab – Designed to instill self respect and responsibility – Only used in juvenile system now

Sanctions Home Confinement & Electronic Monitoring – Curfews – Home detention (can attend school, job, counseling, or other allowed activity) – Home incarceration (can only leave for medical emergency)

Sanctions – Types of Electronic Monitoring Programmed contact – Offender contacted periodically – Verified by voice/visual contact or entering a code into a box Continuously Signaling – Sends out constant signal from device worn to receiver-dialer located in residence, if no signal detected-Police/PO notified Tech advances – Bracelets that test alcohol levels through sweat – Black boxes in vehicles to monitor driving behavior – GPS

Sanctions Home confinement – Results are the same as if under human supervision – Offender usually pays for device – Technical problems Removing bracelets and putting on animals in the house