Chapter 8 Probation

Evolution of leniency/ Probation in America law enforcement role social work role modern Probation (20th century) Recognizance (Massachusetts) 1830 an obligation imposed by judge on an accused to perform a specific act (e.g., keep peace, pay debt, appear), or lose surety money bail added Massachusetts 1837 Judicial Reprieve (England & US) judge suspends sentence imposition, execution on condition of good behavior for period of time unconstitutional in US, 1916 (time was indefinite; separation of powers) Benefit of Clergy (Eng & US) 1200s - 1827 leniency granted to clergy (-> trial in ecclesiastical court; read Psalm 51- ‘neck verse’ used only briefly in US

early probation environment Judge Peter Thatcher Boston Police Court release by “recognizance” 1830 John Augustus (1785 - 1859) “probation” 1841 “bail” 1837

Augustus’ style of probation (1st “probation officer”) key features (developed by Augustus) pre-sentence investigation revocation of probation supervision conditions reports to the court social casework (e.g., jobs, housing)

dual perspectives re: probation services competing perspectives law enforcement social work concern: public safety risk surveillance close controls humanitarian reformation assistance service support focus: operation:

organization of probation services centralized vs. decentralized (state vs. city) combined with parole vs. not combined issues executive vs. judicial control

specialization in probation functions dual role (obligations) of probation pre-sentence investigation post-sentence supervision prepare (PSI) --(presentence investig. report) PSI issues: contents recommendations disclosure private PSIs establish relationship w/ offender establish relationship w/ office/supervisor establish supervision goals to help offender terminate probation

the environment of probation supervision critical “mix” officer offender bureaucracy

bringing about change: power vs. authority the ability to force a person to do something he or she does not want to do vs. “authority” the ability to influence a person’s actions in a desired direction without resorting to force

three types of “authority” (= parallel to 3 strategies of change) irrational authority (power-coercive) based solely on power rational authority (rational-empirical) based on officer competence psychological authority (normative-re-educative) based on acceptance by client & officer of jointly determined goals, as well as strategies of supervision

general supervision “styles”/ strategies for probation selective intervention strategies deal with temporary crises environmental structure strategies develop daily living skills promote pro-social activities casework/control strategies to overcome serious instability & problems (housing, job, family, drugs) limit-setting strategies restrictions to allow close monitoring of conditions & enforcement of supervision requirements

“case management systems” rules, procedures, & protocols which are designed to maximize the effectiveness of probation services being delivered to offenders & the efficiency with which they are delivered

5 components of NICs a “model” system of case management statistical risk assessment reduces overprediction & improves accuracy of classification systematic needs assessments evaluate probationer according to a list of potential need areas contact supervision standards offenders classified into supervision “levels” each has minimum contact requirements case planning officer must put supervision plan in writing workload accounting use time studies to accurately measure workload

“conditions” of probation 3 types of conditions treatment (to deal with problem/need) drug counseling education job training standard (imposed on all probationers) report to office stay employed don’t leave town don’t move punitive (to increase pain of probation) fine community service restitution

Characteristics of Adults on Probation

% adult probationers in special treatment programs

techniques for monitoring & controlling substance abuse antabuse drug which causes violent nausea (when combined with alcohol) urinalysis used to discover whether person is using drugs methadone drug which reduces craving for heroin; spares addicts from painful withdrawal symptoms

termination of probation two options Unsuccessful “revocation” arrest, conviction for new crime “technical” violation of rules, conditions of probation Successful “discharge” early termination normal termination (at expiration of term)

termination of probation two options Unsuccessful “revocation” arrest, conviction for new crime “technical” violation of rules, conditions of probation Successful “discharge” early termination normal termination (at expiration of term)