CJ © 2011 Cengage Learning Chapter 12 Probation and Community Corrections

© 2011 Cengage Learning Learning Outcomes LO1: Explain the justifications for community- based corrections programs. LO2: Describe the three general categories of conditions placed on a probationer. LO3: Explain the three stages of probation revocation. LO4: List the five sentencing options for a judge besides imprisonment and probation. LO5: List the three levels of home monitoring.

1 LO © 2011 Cengage Learning Explain the justifications for community-based corrections programs.

© 2011 Cengage Learning Learning Outcome 1 Reintegration Preparing offenders to return to the community unmarred by further criminal behavior. Diversion Diverting those who qualify away from prison and jail and toward community-based intermediate sanctions. The Low-Cost Alternative The high cost of incarceration is a strong motivator for some to support community- based corrections.

© 2011 Cengage Learning Learning Outcome 1 Probation Most common form of punishment in the U.S. Theory – some offenders can be treated more economically and humanely while living in the community.

© 2011 Cengage Learning

Learning Outcome 1 Sentencing choices and probation: Suspended sentences Alternative sentencing choices – Split sentences – Shock incarceration – Intermittent incarceration

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Learning Outcome 1 Offenders are most likely denied probation if they: Are convicted on multiple charges Were on probation or parole at the time of arrest Have two or more prior convictions Are addicted to narcotics Seriously injured the victim of the crime Used a weapon in the commission of the crime

2 LO © 2011 Cengage Learning Describe the three general categories of conditions placed on a probationer.

© 2011 Cengage Learning Learning Outcome 2 The principles of probation include: The rehabilitation of the offender The protection of the community

© 2011 Cengage Learning Learning Outcome 2 Conditions of probation: Standard conditions – Imposed on all probationers Punitive conditions – Designed to reflect the seriousness of the offense and increase punishment Treatment conditions – Designed to help the offender with issues that may contribute to criminal activity

© 2011 Cengage Learning Learning Outcome 2 The supervisory role of the probation officer: – Conducting the presentence investigation – Supervising offenders as soon as they have been sentenced The ideal relationship between probationer and probation officer is based on trust. In the absence of trust, this relationship is based on authority.

3 LO © 2011 Cengage Learning Explain the three stages of probation revocation.

© 2011 Cengage Learning Learning Outcome 3 Revocation of probation: Probation ends in one of two ways – the probation completes the requirements of probation – or the probationer fails to meet the requirements and probation is revoked.

© 2011 Cengage Learning Learning Outcome 3 Technical Violations: Probation may be revoked because of a new offense, or… Because a probationer committed a technical violation. Technical violations do not always result in revocation. The probation officer must make a “judgment call.”

© 2011 Cengage Learning Learning Outcome 3 The revocation process: The preliminary hearing The revocation hearing The revocation sentencing

© 2011 Cengage Learning Learning Outcome 3 Probationer Rights: Mempa v. Ray (1967) Morrisey v. Brewer (1972) Gagnon v. Scarpelli (1973)

© 2011 Cengage Learning Learning Outcome 3 Does probation work? The hybrid approach The caseload dilemma – The average probation officer has a caseload of 175 clients.

4 LO © 2011 Cengage Learning List the five sentencing options for a judge besides imprisonment and probation.

© 2011 Cengage Learning Learning Outcome 4 Intermediate Sanctions: Provide a number of additional sentencing options. More supervision than probation, but less harsh than imprisonment.

© 2011 Cengage Learning Learning Outcome 4 Judicially Administered Intermediate Sanctions: Fines Community Service Restitution Forfeiture Pretrial Diversion Programs

© 2011 Cengage Learning Learning Outcome 4 Day Reporting Centers: community based corrections center where offenders report daily for purposes of treatment, education, and incapacitation. Intensive Probation Supervision: a more restrictive alternative to regular probation. Typified by more supervision and smaller caseloads.

© 2011 Cengage Learning CAREERPREP Substance Abuse Counselor Job Description: Assess the background and needs of patients suffering from substance abuse and addiction and craft and execute a plan for recovery. Lead group and one-on-one counseling sessions geared toward providing the patient with a sense of accountability and a desire to change the direction of her or his life. What Kind of Training Is Required? A bachelor’s degree from a counselor program, often found in the department of education or psychology in undergraduate institutions, as well as two years of counseling in a related field or equivalent life experience. For licensing and employment with a government agency, a master’s degree in substance abuse counseling or rehabilitation counseling is often required. Annual Salary Range? $40,000–$83,000 For additional information, visit:

© 2011 Cengage Learning Learning Outcome 4 Shock Incarceration: judges sentence an individual to a period of time in an institution, many of which resemble an army boot camp. Home Confinement and Electronic Monitoring: offenders are required to spend extended periods of time confined to their homes, sometimes administered in conjunction with electronic monitoring.

5 LO © 2011 Cengage Learning List the three levels of home monitoring.

© 2011 Cengage Learning Learning Outcome 5 Levels of Home Monitoring: Curfew Home detention Home incarceration Types of Electronic Monitoring: Programmed contact Continuously signaling

© 2011 Cengage Learning Learning Outcome 5 Net Widening: As more and more alternatives to incarceration are used, the criminal justice system can expand the number of people that can come under its supervision.

© 2011 Cengage Learning Learning Outcome 5 The Paradox: The more effectively offenders are controlled, the more likely they are to be caught violating the terms of their conditional release

© 2011 Cengage Learning Learning Outcome 5 The Quicksand Effect: Instead of helping offenders leave the corrections system, increased surveillance pulls them more deeply into it.