Probation Supervision and Information Gathering Presentence Reports

Sentencing Sentencing plays a key role in determining CBC duties and resource allocation. Resources, like any business: – Time – Money – Manpower

Sentencing 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

Sentencing 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 Report Purpose:

Presentence Report What sources provide offender information? How is the information obtained?

PSR Investigation Areas Family Schools Military Leisure Activities Health – SA History Religious Background Employment Financial Status Criminal History Present Offense

Investigation Family:

Investigation Schools

Investigation Military

Investigation Leisure Activities

Investigation Religious Background

Investigation Health

Investigation Employment

Investigation Financial Status

Investigation Criminal History

Investigation Present Offense

Investigation Community Resources To Aid Supervision

Investigation Summary and Recommendation

Investigation Who uses presentence report information?

Who Uses PSRs? Judges Prosecutors Defense Attorneys Probation Officer TX Programs Prisons and Jails Parole Board Parole Officer TX Programs Police

Investigation Why do we do these investigations? Primarily: Public Safety Also: Facilitate Fairness and Justice

Sentencing Do PO recommendations have any influence in criminal sentencing?

Judges Sentencing Considerations Current Offense Confinement Status Prior Criminal Record Number of Arrests Longest Residence Longest Employment Months Employed Occupation Military History Income

Judges Sentencing Considerations What three factors do judges most heavily consider in sentencing?

Sentencing Reforms Sentencing Guidelines Truth In Sentencing Peer Courts Drug Courts Mental Health Courts More

Systems Theory External Influences Affect The CJ system. Technology Politics Fiscal Restraints Legal Changes Public Sentiment

Probation Supervision

Probation supervision serves both control and reform objectives.

Probation 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 Supervision Major elements of successful criminal casework: Supervision Planning Documentation

Probation Supervision Why do we use supervision plans?

Probation Supervision Supervision Plans: – State where a case should be going Substance Abuse TX Maintain Full-Time Employment Pay $30.00 Restitution Monthly Etc.

Probation Supervision Casework and Supervision Planning – Apply to Adult and Juvenile Cases – Apply to Probation and Parole

Supervision 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 Success Involve offenders in supervision planning.

Follow-Up Meaningful change in behavior is more likely to occur when focus is on outcomes (new behavior) not merely processes.

Follow-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 Documentation Documentation takes various forms

Probation Supervision Documentation Three Purposes of Documentation

Probation Supervision Documentation Case Management Purposes

Probation Supervision Documentation Court and Parole Board Expectations

Probation Supervision Documentation Liability Protection

Documentation What should be recorded?

Significant Action Examples Decisions Services Rendered Assessments Progress Periodic Evaluations Follow-Up Procedure

Probation Supervision What do you do when supervision is not working? – Arrest? Warn? Reprimand? How can you compel compliance?

Probation Supervision What is in society’s best interest?

Probation 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 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 Purposes Deterrence Retribution Incapacitation Rehabilitation Reintegration Offender Accountability Cost Effectiveness

Punishment Punishment, to be effective, must be regarded as undesirable to the recipient.

Effective Punishment Why impose punishment that is less punitive to offenders and more costly to society?

Summary Probation will continue to be the most widely used correctional disposition