Chapter 10 Community Sentences: Probation, Intermediate Sanctions, and Restorative Justice

Learning Objectives Be familiar with concept of community sentencing Know the history of community sentences Recognize the different types of probation sentences Be familiar with the rules of probation Know about the organization and administration of probation services

Learning objectives List and discuss the elements of a probation department’s duties Be familiar with the legal rights of probationers Debate the effectiveness of probation Know what is meant by intermediate sanctions Define restorative justice and discuss its merits

The History of Probation Community Sentencing Traced to the Middle Ages Judicial reprieve Recognizance Sureties John Augustus and the Creation of Probation: Boston (1841) – is credited with originating community sentencing in the U.S. Augustus supervised more than 2000 convicted offenders In 1878, Massachusetts legislators authorized the appointment of a paid probation officer

Probation Today Probation Defined: Criminal sentence that suspends or delays a correctional term in a prison or jail Subject to rules and conditions Be supervised by a probation officer Most widely used correctional mechanism in the U.S.

Probation Today 2,000 adult probation agencies in the U.S. 2 million offenders placed on probation annually (2009) more than 4 million offenders on probation in the U.S.

Probation Today Awarding Probation: Probation Eligibility: Subject to a set of rules or conditions mandated by the court Violation of these conditions may result in revocation of probation requiring the original sentence to be served Technical violations are the major cause of revocations Probation Eligibility: Original purpose was to provide a second chance for young offenders Contemporary purpose is to ease jail and prison overcrowding

Who is being sentenced to probation? 30% first time felons 15% repeat felons 20% of all violent felons receive probation

Probation Today Conditions of Probation: Certain conditions or rules of behavior that the probationer is bound to obey Sentencing judges have broad discretion Standard conditions Specific conditions Cannot be capricious or cruel

Probation Today Administration of Probation Services: Independent, statewide, local, or a combination Juvenile and adult services can be separated or combined Probation officers use discretion in monitoring and treating offenders Social worker style Law enforcer style

Probation Today Elements of Probation: Pre-sentence investigation Intake Diagnosis/Risk Classification Treatment Supervision

Probation Today Legal Rights of Probationers: Civil Rights Fewer constitutional protections Some rules on self-incrimination do not apply Rules on search and seizure are not always the same Revocation Rights- Due process rights apply during revocation hearings

Probation Today How Successful is Probation? Most commonly used alternative sentence Less expensive than incarceration About 40 percent fail on probation – most for technical violations of rules Recidivism rate is less than those sent to prison

Probation Today How successful is Felony Probation? RAND study: Few distinguishable crime differences between felons sent to prison vs. felons sentenced to community supervision Most felons sentenced to community supervision failed probation Study findings still support community corrections for eligible offenders Recidivism for felony probationers was less likely

Probation Today Who Fails on Probation and Who Succeeds? 20% of probationers have mental illness or history of instability Probationers with criminal history, prior probation, and previous incarceration are mostly likely to fail Probationers who are married with children, educated, stable, and employed are most likely to succeed

Probation Today The Future of Probation: Shift from diagnosis and treatment to an emphasis on risk assessment and control Initiatives: Day fees Rewarding effective probation agencies Hotspot probation Area needs Specialized probation Private probation Swift and sure punishment

Intermediate Sanctions Between probation and prison Less costly Helps offender maintain family and community ties Structured to maximize security and maintain public security Scaled in severity to seriousness of crime Increased control over probationers Can be used as halfway-back strategies for those who violate conditions of their community release

Punishment Ladder

Intermediate Sanctions Fines: Used more often in lesser offenses or when financial profits were high May discriminate against the poor who cannot pay Many go uncollected Day fines Make the fine fit the offender’s income

Intermediate Sanctions Forfeiture: Used in civil and criminal cases Civil forfeiture can be done without probable cause or any proof of a crime Racketeer Influenced and Corrupt Organization Act (RICO) Zero tolerance Restitution: Monetary restitution or community service restitution Benefits the victim, the offender, and the community Most restitution clients successfully complete and do not recidivate

Intermediate Sanctions Shock Probation and Split Sentencing: Shock probation Offenders serve a short prison term before they begin probation Split sentence 10 % of probationers are now spending a portion of their sentence behind bars and the remainder in the community Shock Incarceration Boot Camps

Intermediate Sanctions Intensive Probation Supervision: Involve small caseloads - (15-40 ) Clients closely monitored Goals: Decarceration Control Reintegration Effectiveness varies – failure rates appear to be high, but it works better for some clients than others More successful for employed probationers than the underemployed or unemployed More effective if combined with treatment modalities

Intermediate Sanctions House Arrest: Offender required to spend extended periods of time at home as an alternative to incarceration Little standardization throughout U.S. No definitive date indicating effectiveness

Intermediate Sanctions Electronic Monitoring: Electronic transmission devices used to ensure compliance with house arrest Newer devices utilize GPS technology for tracking purposes Lower costs, higher security Overcrowding is reduced

Intermediate Sanctions Residential Community Corrections: Usually non-secure buildings Residents work and/or attend school during the day, return to the center at night Used as pre-release center Provide a structured environment for treatment

Intermediate Sanctions Day Reporting Centers: Facilities that provide a single location for client reporting for supervision and treatment Used as a ‘step up’ for higher risk probationers and a ‘step down’ for jail or prison inmates Evaluations show success in reducing recidivism

Restorative Justice Programs Restoring the damage caused by crime Creating a system of justice which includes all parties harmed by the criminal act All crimes bring harm to the community Coercive punishment is inherently harmful to offenders

Restorative Justice Programs Concept of Restoration: Offenders must accept accountability for their actions and responsibility for the harm their actions caused Justice policy needs to repair the harm caused by crime and involve all parties that have suffered including the victim, the community, and the offender

Restorative Justice Programs Restoration Programs: Inclusion of all parties involved in a criminal act Intended result of the process is to repair injuries suffered by the victim, and the community, while ensuring reintegration of the offender Methods: Negotiation Mediation Consensus building Peacekeeping

Restoration in Practice Schools Police programs Pretrial programs Court programs

The Challenge of Restorative Justice Entry may favor whites over minorities Cultural and social differences may dictate what is “restorative” Lack of a common definition Balancing the needs of offenders with victims Programs focusing on offender may turn off victim Some believe victim’s rights are threatened by features of restorative justice