Chapter 4 Community Corrections: Diversion and Probation 1

The Development of Community- Based Corrections  Traced back to English Common Law Judicial reprieve Recognizance Sureties  The community corrections revolution John Augustus Boston formalizes probation

The Development of Community- Based Corrections  The 1960’s sets the social context for rehabilitation  Diversion is recommended to keep both juveniles and adults out of corrections facilities  The reintegrative philosophy of corrections  Community corrections acts State-based acts through which counties who participate receive subsidies for diverting minor offender from state prisons

Diversion  Rationale for diversion Avoids the harsh impact of incarceration Provides a wide-range of alternatives for decision-makers Provides a “more justifying justice” Deals with the economic, social, and personal factors associated with crime 4

Diversion  Diversionary programs  True diversion  Minimization of system penetration Dispute resolution programs Deferred prosecution Treatment Alternatives to Street Crime (TASC)

Probation  Allows the offender to remain in the community under supervision Financial restitution Community service Drug or alcohol testing Regular employment  Probation populations  Granting probation How common is the use of probation? 6

Probation Populations  Today more than 4 million people are on probation  Although crime rates are declining, the number of people on probation continues to grow  7 states account for more than 1/3 of the probation population

Risk Assessment Models in Probation  Risk assessment and increased surveillance models Decline in public confidence and backlash against probation led to risk management and avoidance by agencies, the new penology Moved away from counseling and interventions to controls 8

Administering Probation  Administration of probation  Approximately 2,000 adult probation agencies, some run privately Locally administered probation departments State or executive, administered probation departments Combined probation and parole departments Privatizing probation 9

Duties of the Probation Officer  Basic functions of a probation officer Casework management and other administrative duties – File of court documents and chronological listing of contact with probationer Supervision, investigation, and surveillance – Transition from counseling to enforcement Presentence investigation reports – Helps the court decide whether to grant probation 10

Duties of the Probation Officer  Characteristics of Effective Probation Officers Genuine in offender-client relationships Compassionate and respectful Ability to help others achieve success Keep their personal problems separate Motivated and committed to their jobs

Legal Rights of Probationers  Disclosure of PSI reports So that defense attorneys can challenge any disputable statements Williams v. New York (1949) Gardiner v. Florida (1977) Booth v. Maryland (1987) 12

Legal Rights of Probationers  Civil rights U.S. Supreme Court has ruled probationers are entitled to fewer constitutional protections Minnesota v. Murphy (1984) Griffin v. Washington (1987) United States v. Knights (2001)

Legal Rights of Probationers  Revocation of probation Formal hearing with certain procedural due process Mempa v. Rhay (1967) Morrissey v. Brewer (1973) Gagnon v. Scarpelli (1973) Beardon v. Georgia (1983) United States v. Granderson (1994)

Effectiveness of Probation  Is probation effective? Recidivism low for those on probation for a misdemeanor For felons, up to 65% re-arrested Women more likely to receive probation for drug or property offenses 15

Effectiveness of Probation  To Improve the Effectiveness of Probation More financial resources needed Credibility with public and judiciary Made a priority in research

Various Probation Programs  Contemporary probation programs Deferred sentence Shock probation Bench, or unsupervised probation Split sentence Intensive probation 17

Future of Probation Services  Intensive supervision to be used more  Attention to substance abusers  Screening and classification to guide level  Efficiency and accountability demanded  Offender fees to defray cost of probation 18

Future of Probation Services  Probation performance indicators  Community probation team approach  Automation  Software risk assessment of high-risk probationers