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

The Menu of Choices Punishment can range from little to death

Probation A criminal sentence mandating that an offender be placed and maintained in the community Subject to certain rules and conditions

Probation (cont.) The History of Probation Traced back to English common law Judicial reprieve – allows judges to suspend punishment so that convicted offenders could seek a pardon, gather new evidence, or demonstrate they had reformed Recognizance – enabled convicted offender to remain free if they entered into a debt obligation with the state John Augustus – the “father of probation” 1878 – Massachusetts passed a law for paid probation officers

Probation (cont.) Philosophy of probation The average offender is not actually dangerous Institutionalization prohibits successful adjustments of behavior once returned to society Even dangerous offenders can be rehabilitated in the community given the proper balance of supervision, treatment, and control It is cheaper than imprisonment

Probation (cont.) Approximately 2,000 probation agencies nationwide Half of the probation agencies are at the county or municipal government level Almost 30 states combine probation and parole supervision into a single agency About 4 million people are currently on probation Number has grown almost 2 percent each year since 1994

Probation (cont.) Probationers are subject to a set of probation rules or conditions mandated by the court Keep a job, contact probation officer, have a place of residence, do not go certain places (e.g., bars; no guns) Violation of these conditions may result in revocation of probation requiring the original sentence to be served Technical violations (terms of probation) rather than new crimes committed by probationer are the major cause of revocations

Probation (cont.) In approximately half the cases there is a direct sentence to probation without the threat of prison Subsequent violations will result in harsh punishment In 30 percent of the cases judges use a suspended sentence as part of probation

Probation (cont.) Conditions of probation Standard conditions apply to all offenders in a jurisdiction Special conditions are required on a case-by-case basis – substance abuse treatment Conditions must serve to either protect society or rehabilitate offender Cannot be capricious or cruel

Probation (cont.) Administration of probation services Statewide probation services Local probation services Combination Juvenile and adult services can be separated or combined

Probation (cont.) Duties of probation officers: Pre-sentence Investigation Reports Intake Diagnosis Treatment supervision Risk classification Maintain contact with probationer

Probation (cont.) Legal rights of probationers Entitled to fewer constitutional protections Some rules on self-incrimination before a probation officer do not apply Rules on search and seizure are not always the same – probation officer can enter home at any time without warrant Due process rights apply during revocation hearings

Probation (cont.) How successful is probation? Most commonly used alternative sentence Less expensive than incarceration 30 to 40 percent fail on probation – most for technical violations of rules Recidivism rate is less than those sent to prison Probation officers have heavy case loads Treatment and helping probationers is largely a myth

Probation (cont.) How successful is probation? People with stable home environment and employment are most likely to succeed Those with a prior criminal history, prior probation, and previous incarcerations are most likely to fail Males convicted on sexual offenses appear to do well on probation

Probation (cont.) Future of probation Imposition of fees on probationers to defray costs Hotspot probation initiatives – community supervision teams Organizing caseloads around geographic area rather than offender type

Intermediate Sanctions Add additional sanctions to traditional probation sentences May include monetary fines, intensive supervision, house arrest, electronic monitoring, restitution, boot camps, shock probation, etc Allows judges to fit punishment to the crime without resorting to a prison sentence

Intermediate Sanctions (cont.) Believed to be cost effective alternatives to incarceration Can serve the needs of a number of offender groups to reduce overcrowding in jails/prisons Can be used as halfway back strategies for those who violate conditions of probation or parole

Intermediate Sanctions (cont.) Fines Monetary punishment Used more often in lesser offenses or when financial profits were high Fines may discriminate against the poor Many fines go uncollected Day fines – make the fine fit the offender’s income; equalize the pain of fines The money from fines goes to the state, not the victims

Intermediate Sanctions (cont.) Forfeiture Can be used in civil and criminal cases Civil forfeiture can be done without probable cause or any proof by government of a crime Seizure of goods and instrumentalities related to the commission or outcome of a criminal act Racketeer Influenced and Corrupt Organization (RICO) Zero tolerance

Intermediate Sanctions (cont.) Restitution Pay back to victims or society monetary restitution or community service restitution Benefits the victim, the offender (symbolically), and the community Most restitution clients successfully complete their orders and do not recidivate The money, goods or services from restitution goes to the victim or community, not the state

Intermediate Sanctions (cont.) Shock probation: sentence in which offenders serve a short prison term before they begin probation to impress on them the pains of imprisonment Split sentence: Practice that requires convicted criminals to spend a portion of their sentence behind bars and the remainder in the community Disagreement over whether these two sanctions are helpful or harmful

Boots Camps Mainly for juvenile and non-serious adult offenders Frequently offered as alternative to prison by the judge Confinements tend to be short Mainly focus on discipline and physical activities Try to teach life skills Effectiveness varies – most boot campers return to their prior lives

Intermediate Sanctions (cont.) Intensive probation supervision – goals Diversion from prison/decarceration Maintain control of the individual Facilitate reintegration into the community

Intermediate Sanctions (cont.) Intensive probation supervision Rely on great degree of client contact by probation officer Reduce case loads for probation officers and increase their ability to supervise probationers Criteria for use vary throughout U.S. Many systems use very specific conditions (e.g. mandatory curfew, employment, drug testing, community service, etc.) Effectiveness varies – failure rates appear to be high

Intermediate Sanctions (cont.) House arrest Offender required to spend extended periods of time in one’s own home as an alternative to incarceration Little standardization throughout U.S. in how house arrest is administered

Intermediate Sanctions (cont.) Electronic monitoring Often used to ensure compliance with house arrest Similar recidivism to traditional systems Costs are lower Overcrowding is reduced Issues of privacy and liberty Compliance technologies vary

Intermediate Sanctions (cont.) Residential community corrections Usually non-secure buildings Residents work and/or attend school during the day and return to the center at night Used to provide structured environment for treatment Many are used as day reporting centers for nonresidential clients

Drug Courts Developed in the 1990s Instead of sentencing drug offenders to prison, develop a program of treatment for the drug offender. Offender is offered the option to take the treatment instead of prison. Drug courts combine the carrot and the stick . Treatment groups can involve different agencies and private groups. Sentence is served when treatment is completed. Drug courts seem to be more effective in preventing further drug use than prison or other sentences.

Programs and Problems

Restorative Justice Policy based on restoring the damage caused by crime and creating a system of justice which includes all parties harmed by the criminal act Victim Offender Community Criminal justice practitioners Society Stress mediation and reconciliation

Restorative Justice (cont.) All crimes bring harm to the community, disrupt social relations, create conflict, and disharmony The traditional justice system does not Involve the community in the justice process Our focus on punishment, stigma, and disgrace of the offender prohibits us from repairing the harm caused by crime

Restorative Justice (cont.) Restoration Programs Sentencing circles School programs to avoid expulsion Police programs to deal with the crime when it is first encountered Courts to divert offenders from the formal criminal justice process Vermont Sentencing Boards Family Groups Conferences Navajo Peacemaker Court

Restorative Justice (cont.) Challenges Entry into programs may favor whites over minorities Cultural and social differences may dictate what is “restorative” Lack of a common definition of “restorative” Balancing the needs of offenders with those of the victims Strikes many people as being overly optimistic about the nature of offenders Can it be used for more serious crimes Difficult to maintain involvement of community in programs