Chapter 5 Intermediate Sanctions 1

 Intermediate sanctions emerged in the 1980s due to three factors: The belief that prisons were being overused Prison crowding Wide support for “just deserts” sentencing structures

Intermediate Sanctions  Benefits of intermediate sanctions include: They are cost effective They reduce overcrowding in prisons and jails They meet the needs of certain offenders They can be used effectively with probation and parole violators

Continuum of Intermediate Sanctions  Judges are allowed to select from a continuum of sentencing options  They are able to escalate punishments to fit the crime  Typically administered by probation departments 4

Fines  Traced to early common law practice of compensation  More commonly used in Europe  Little research showing fines reduce recidivism  Day fines designed to equalize financial impact on offenders 5

Forfeiture  Traced to Middle Ages where used as a mandatory result of most felony convictions  Civil forfeiture used to confiscate property used in violation of law and remove illegally gained profits Legal action directed against the property; in rem  Criminal forfeiture following conviction and requires offender to relinquish assets related to the crime 6

Financial Restitution  Payment of a sum of money to the victim or public fund for victims of crime, based on the crime and offender’s ability to pay  Methods to keep wealthy from simply writing a check  Compensate victims and teach offenders financial responsibility  Offenders without resources may be confined to “work release” centers where they go out to work during the day and return at night 7

Community Service  Requires an offender to work hours at a private nonprofit or government agency  Commonly assigned public service projects include cleanup work on streets, parks, or in government buildings, volunteer service, and repair jobs in rundown housing  Initially viewed as rehabilitative alternative for those who could not pay  All states now have some form of community service 8

House Arrest  Orders an offender to remain confined in his or her residence for remainder of sentence  Ranges from evening curfew to nonworking hours to continuous confinement  Sometimes administered by probation departments, sometimes by court-appointed surveillance officers  Can be coupled with electronic monitoring, fines, community service, etc. 9

Electronic Monitoring (EM)  Use of electronic equipment to verify offender’s whereabouts during specified hours  Usually applied as its own sanction or in conjunction with other sanctions Condition of sentence or pre-trial  Types of systems Active and passive phone line Remote location monitoring Global Positioning (GPS) 10

Electronic Monitoring Today  Approximately 20% of offenders on community-based supervision are monitored through EM  Relatively low cost and high security  Helps avoid crowded and dangerous prison conditions  Some concerns regarding “net-widening” 11

Drug Courts  Miami, 1989: “We could help them.”  Designed for nonviolent offenders with substance abuse problems who require integrated sanctions and services  Federal support came, national conference, and the term “drug court” entered the lexicon of intermediate sanctions  Found to produce comparatively lower rates of recidivism 12

Day Reporting Centers (DRC)  A facility where an offender, usually on probation, must report every day to participate in counseling, social skills training, and other rehabilitative activities  Involves an increased level of supervision  Research conflicts as to whether DRC’s lead to decreased recidivism 13

Shock Probation and Split Sentencing  shock probation—The offender, his or her attorney, or the sentencing judge can submit a motion to suspend the remainder of a sentence after a felon has served a period of time  split sentence—Offender serves part of his or her sentence in one sanction and the remainder in another 14

Residential Community Centers and Boot Camps  residential community centers (RCC)— Residential centers for offenders who frequently offer a last chance before an offender is sent to prison or they provide a last chance for parole violators  boot camps—A military-style facility used as an alternative to prison in order to deal with prison crowding and public demands for severe treatment 15

Restorative Justice  Focus is on the welfare of victims after crimes  Offenders are to make amends to the victim or society for the harm from their crime  Advocates intensive community supervision  Community Conferencing and Circle Sentencing, Family Group Conferences, Reparation and Restitution, and Victim- Offender Conferencing are examples 16

Future of Intermediate Sanctions  Increased, cost-effective compliance without net-widening. Benefits attributed include: Certainty Celerity Consistency Proportionality Progressiveness 17