1. Chapter Seven Jails: Detention and Short-Term Incarceration
AMERICAN CORRECTIONS
Chapter Seven Jails: Detention and Short-Term Incarceration

2. Learning Objectives
Describe the history of the jail and its current function in the criminal justice system.
Describe who is in jails, and why they are there.
Discuss the kinds of jails in the United States.
List the main issues facing jails today.
Outline the problem of bail and list the main alternatives to bail.

3. Learning Objectives Outline the problems of jail administration.
Describe new developments in jails and jail programs.
Critically assess the future of the jail.

4. Learning Objective 1
Learning objective 1: Describe the history of the jail and its current function in the criminal justice system.

5. Learning Objective 1
Jails in U.S. descend directly from feudal practices in twelfth-century England.
Officer of crown, reeve appointed in each shire.
To collect taxes, keep the peace, and operate the gaol (jail).
English settlers brought these traditions and institutions with them to American colonies.
Jails used to detain accused persons awaiting trial and to shelter misfits.

6. Learning Objective 1 Jails often in Sheriff’s homes.
Reform movement of the 19th century
Overwhelming majority of accused and convicted misdemeanants were held in jail.

7. Learning Objective 2
Learning objective 2: Describe who is in jails, and why they are there.

8. Population Characteristics
Bureau of Census
Nationwide census of jails
Repeated every 5 years
Annual survey supplements nationwide account:
Top 1/3 largest jails
Hold 75% of inmate population
National Jail Census
86% of inmates are men
2/3 under 35 YOA
Over 2/5ths are white
Most little education and low income

9. Population Characteristics
Increasing rate of incarceration for African Americans.

10. Learning Objective 3
Learning objective 3: Discuss the kinds of jails in the United States.

11. Kinds of Jails Of 2,876 jails in U.S.: About 600 municipal run jails
80% have county-level jurisdiction
Most administered by elected sheriff
About 600 municipal run jails
6 states run jails
Estimated 13, 500 police lockups:
A facility authorized to hold people before court appearance for up to 48 hours. Most run by local police agencies.

12. Kinds of Jails
50 largest jurisdictions hold almost 1/3 of nation’s jailed inmates.
Largest – Los Angeles, New York
Hold about 33,300 inmates together (4% of nations total).
L.A. County Men’s Central Jail holds almost 20,000 people.
Most jails much smaller, holding fewer than 50 people.

13. Learning Objective 4
Learning objective 4: List the main issues facing jails today.

14. Main Issues
Suicide:
Hours immediately following arrest are often a time of crisis:
Vulnerability
Hopelessness
Fear of loss of freedom
Sheer terror
Over 1/3 of deaths occurring in jails are suicides
Most happen within first 6-10 hours

15. Main Issues
Jails lack programmatic flexibility to accommodate range of needs of population.
Reducing anxiety:
Conversation with staff
Involvement in some activity
Communication

16. Special Problems of Detainees
Mental Health Problems:
Almost 2/3 of jail prisoners have a history of mental problems.
1/5 have a very recent history of mental disorder.
Most jails lack resources to provide care.

17. Special Problems of Detainees
Substance Dependency:
Half of all people placed in jail were under the influence of alcohol or illegal drug at time of arrest.
Over 2/3 have a history of substance abuse
More than 1/2 have history of failed drug treatment
Most dramatic problem is withdraw

18. Special Problems of Detainees
Medical needs:
Minor scrapes and bruises to major injuries.
Routine health deficiencies of lower class:
Infections
Poor nutrition
Lack of dental care
More than 1/3 of those in jail report physical aliment.
60% of jails make prisoners pay for medical care

19. Special Problems of Detainees
Legal needs:
People locked up suffer a disadvantage preparing for case.
Likely to need public defender.

20. Learning Objective 5
Learning objective 5: Outline the problem of bail and list the main alternatives to bail.

21. Bail
Bail:
An amount of money, specified by a judge, to be posted as a condition for pretrial release to ensure the appearance of the accused in court.
Bondsman:
An independent businessperson who provides bail money for a fee, usually 5-10 percent of the total.

22. Problems of Bail Dissatisfaction with bail stems from several factors:
Many, in some cases over 90% of pretrial detainees cannot afford bail.
Money is a weak incentive for appearance in court in many cases
Human freedom can be had for a price

23. Alternatives to Bail Release on recognizance: Day reporting center:
Pretrial release because the judge believes the defendant’s ties in the community are sufficient to guarantee the defendant’s appearance in court.
Day reporting center:
Facility where offenders such as pretrial releases and probation violators attend daylong intervention and treatment sessions.

24. Alternatives to Bail Pretrial Diversion: Diversion controversy:
An alternative to adjudication in which the defendant agrees to conditions set by the prosecutor in exchange for withdrawal of charges.
Diversion controversy:
Many offender’s crimes are caused by special problems – vagrancy, alcoholism, emotional distress.
Formal criminal labeling often works against rehabilitation.
Diversion is cheaper than criminal justice processing.

25. Learning Objective 6
Learning objective 6: Outline the problems of jail administration.

26. Jail Administration Problems
Legal liability
Jail standards
Personnel matters
Jail crowding
Jail facility

27. Legal Liability 42 U.S.C. 1983 Lack of funds not an excuse
Injurious conduct
Jail budgets have been increased to pay for:
Training programs
Classification procedures
Managerial policies

28. Jail Standards Important for 3 reasons: Indicate proactive criteria
Provide a basis by which administrators can evaluate staff performance
Standards facilitate the planning and evaluation of jail programs by giving program managers a target to consider in their work.

29. Personnel Matters Local corrections workers are among: Understaffing
Most poorly trained
Least educated
Worst paid employees in CJ system
Understaffing
Turnover high

30. Jail Crowding Jails handle wide variety of individuals including:
Drug addicts
Mentally ill
Alcoholics
State correctional facilities does not immediately accept sentenced prisoners.

31. Jail Facility Almost 90% of all jail cells are at least 50 years old
Jails expensive structures, cost:
$100,000 - $200,000 per cell
Idle prisoners

32. Learning Objective 7
Learning objective 7: Describe new developments in jails and jail programs.

33. Jail Developments New generation: Podular unit: Direct supervision:
Facility with a podular architectural design and management policies that emphasizes interaction of inmates and staff and provision of services.
Podular unit:
Self-contained living areas for inmates, composed of individual cells for privacy and open areas for social interaction.
Direct supervision:
Method of correctional supervision in which staff members have direct physical interaction with inmates throughout the day.

34. Jail Developments Therapeutic justice:
A philosophy of reorienting the jail experience from being mostly punitive to being mostly rehabilitative.

35. Learning Objective 8
Learning objective 8: Critically assess the future of the jail.

36. Future of the Jail General trends:
Many jurisdictions have renovated or replaced jail facilities since the early 1970s.
Many jurisdictions are joining together to build and maintain a single jail to serve their collective needs.

37. Chapter Eight
Probation

38. Learning Objectives
Describe the history and development of probation, including how it is organized today.
Describe the two functions of probation.
Discuss the purpose and content of the presentence investigation report.
Describe the major issues involved in the presentence investigation.
Describe the dynamics that occur among the probation officer, the probationer, and the probation bureaucracy.

39. Learning Objectives
Discuss the different kinds of probation conditions and tell why they are important.
Define recidivism and describe its importance to probation.
Define evidence-based practice and discuss its importance.
Describe what is known about the effectiveness of probation supervision.
Discuss the revocation of probation, including “technical” revocation.

40. Learning Objective 1
Learning objective 1: Describe the history and development of probation, including how it is organized today.

41. Probation
John Augustus first to provide bail for defendants under authority of Boston Police Court in 1841
Judicial reprieve:
A practice under English common law whereby a judge could suspend the imposition of execution of a sentence on condition of good behavior on the part of the offender.

42. Probation Recognizance: Augustus also developed:
Formally recorded obligation to perform some act entered by a judge to permit an offender to live in the community, often on posting a sum of money as surety, which is forfeited by nonperformance.
Augustus also developed:
Presentence investigation
Supervision conditions
Social casework
Reports to the court
Revocation of probation

43. Probation Today offenders placed on probation in 1 of 4 ways:
Judges impose a sentence of probation (60%)
Judge impose a sentence of probation that is suspended pending good behavior (22%)
For those already on probation, additional sentence is imposed but its activation is suspended (9%)
Split sentence (9%)

44. Organization of Probation
Centralized or decentralized?
Administered by the judiciary or the executive branch?
Combined with parole services or not?

45. Centralized or Decentralized
Administered by city or county instead of a state
Smaller, more flexible
Better able to respond to unique problems of community
Centralized:
Larger, can train staff to take a variety of roles
Can implement broader programs

46. Administration Judiciary: Executive branch:
Probation more responsive to the desires of the sentencing judge
Morale of probation officers higher who work closely with judges
Executive branch:
Judiciary ill prepared to manage human service operation
Requires full attention of professional public administrators
Better allocation of probation services
Increased interaction between corrections and allied human services
Increased access to the legislature and budgeting process
More appropriate service priorities

47. Combined with Parole Subtle differences hard to sustain
Difference in criminal lifestyle

48. Learning Objective 2
Learning objective 2: Describe the two functions of probation.

49. Two Functions Investigation Supervision
Presentence investigation report:
An investigation and summary report of a convicted offender’s background, which helps the judge decide on an appropriate sentence.
Supervision
3 steps
Probation officer establishes relationship with offender and defines the role of officer and offender.
Officer and offender establish supervision goals to help offender comply with conditions.
Officer decides how to terminate probation.

50. Learning Objective 3
Learning objective 3: Discuss the purpose and content of the presentence investigation report.

51. PSI Purpose: Help judges select an appropriate sentence
Help classification decisions
Facilitates treatment planning and parole decisions
Document for systematic research

52. PSI Contents: Victim impact statement: Verification: Objectivity:
PSI information is cross-checked with some other source for accuracy.
Objectivity:
Avoiding vague conclusions about the case.
Victim impact statement:
Descriptions in PSIs of the costs of the crime for the victim, including emotional and financial losses.

53. Learning Objective 4
Learning objective 4: Describe the major issues involved in the presentence investigation.

54. Major Issues Recommendations
Person without authority is suggesting what the sentence should be
Congruence of PSI and sentences range from 70 to 90 percent

55. Major Issues Disclosure: Williams v. New York (1949) Cleansing:
Judge imposed a death sentence on basis of evidence in PSI despite jury’s disclosure
Cleansing:
Confidential comments from a private citizen that might endanger the citizen
Clinical statements or evaluations that might be damaging to the offender if disclosed.

56. Major Issues Private PSIs Client-specific planning:
Private investigative firms contract with convicted offenders to conduct comprehensive background checks and suggest to judges creative sentencing options as alternatives to incarceration.
Court hires private investigator to provide report
Private reports likely more costly than traditional alternatives

57. Learning Objective 5
Learning objective 5: Describe the dynamics that occur among the probation officer, the probationer, and the probation bureaucracy.

58. Dynamics The Officer: Officer role conflict: Power: Authority:
Enforcing the law
Helping the offender
Power:
The ability to force a person to do something he or she does not want to do.
Authority:
The ability to influence a person’s actions in a desired direction without resorting to force.

59. Dynamics The Offender The Bureaucracy
Response to supervision strongly influences the overall effectiveness of probation.
Offenders may see the officer as occupying a commanding role.
Officers decide on style, supportive or controlling
Probationers commonly resent their status
The Bureaucracy
Imposes both formal and informal constraints

60. Learning Objective 6
Learning objective 6: Discuss the different kinds of probation conditions and tell why they are important.

61. Conditions Standard conditions Punitive conditions
Constraints imposed on all probationers
Punitive conditions
Constraints imposed on some probationers to increase the restrictiveness of painfulness of probation, including fines, community service, and restitution.
Treatment conditions
Constraints imposed on some probationers to force them to deal with a significant problem or need, such as substance abuse.

62. Learning Objective 7
Learning objective 7: Define recidivism and describe its importance to probation.

63. Recidivism Recidivism:
The return of a former correctional client to criminal behavior, as measured by new arrests or other problems with the law.
Important because it reflects the effectiveness of a probation strategy.

64. Learning Objective 8
Learning objective 8: Define evidence-based practice and discuss its importance.

65. Evidence-based Practice
Using correctional methods that have been shown to be effective by well-designed research studies.
Important characteristics:
Focus the program on high-risk probationers (risk principle).
Provide greater levels of supervision to higher-risk clients (supervision principle).
Provide treatment programs designed to meliorate the problems that produce the higher risk level (treatment principle).
Make referrals to treatment programs (referral principle).

66. Learning Objective 9
Learning objective 9: Describe what is known about the effectiveness of probation supervision.

67. Effectiveness
Generally no difference among different probation strategies, but compare probation against itself.
Probation works more than doing nothing.
Probation works better than most people suspect.
New York study:
Prevented new arrests
Probation more effective than jail

68. Learning Objective 10
Learning objective 10: Discuss the revocation of probation, including “technical” revocation.

69. Revocation Probation ends in 1 of 2 ways: Revocation results from:
Person successfully completes the period of probation
Person’s probationary status is revoked because of misbehavior
Revocation results from:
New arrest
Conviction
Rules violation

70. Revocation
Rules violations that result in revocations are referred to as technical violations.
Technical violation:
The probationer’s failure to abide by the rules and conditions of probation (specified by the judge), resulting in revocation of probation.
Technically not illegal behavior:
Changing residence without permission
Failure to attend therapy program
Neglecting to report to probation office

71. Intermediate Sanctions and Community Corrections
Chapter Nine
Intermediate Sanctions and Community Corrections

72. Learning Objectives
Describe the rationale for nonincarceration penalties.
Describe the rationale for intermediate sanctions.
Illustrate the continuum-of-sanctions concept.
Explain some of the problems associated with intermediate sanctions.
List the various types of intermediate sanctions and who administers them.

73. Learning Objectives
Describe what it takes to make intermediate sanctions work.
Assess the role of the new correctional professional.
Explain how community corrections legislation works and describe its effectiveness.
Critically assess the future of probation, intermediate sanctions, and community corrections.

74. Learning Objective 1
Learning objective 1: Describe the rationale for nonincarceration penalties.

75. Nonincarceration Enormous cost of imprisonment Other reasons:
Imprisonment is too restrictive for many offenders
Traditional probation does not work with most offenders
Justice is well served by having options in between

76. Unnecessary Imprisonment
Most sanctions in Western democracies do not involve imprisonment
For every offender in prison, 3 are on probation or parole.
Prison not effective in most cases
Public sentiment

77. Probation Limitations
Probation may not work with serious offenders.
Intermediate sanctions can improve supervision in 2 ways:
Can intensify supervision
Can provide specialized programs better suited to address the offender’s needs

78. Improvements in Justice
Limited sentencing choices
Intermediate sanctions allow a closer tailoring of the punishment to the offender’s situation.

79. Learning Objective 2
Learning objective 2: Describe the rationale for intermediate sanctions.

80. Rationale Continuum of sanctions:
A range of correctional management strategies based on the degree of intrusiveness and control over the offender, along which an offender is moved according to his or her response to correctional programs.

81. Learning Objective 3
Learning objective 3: Illustrate the continuum-of-sanctions concept.

82. Continuum of Sanctions
Advantages:
Increases corrections system’s flexibility
Decreases prison and jail overcrowding by moving selected offenders to less-restrictive options
Allows more-responsive management of individual offenders
If person not reporting, a brief home confinement can be followed by a return to probation
Costs less than other alternatives

83. Learning Objective 4
Learning objective 4: Explain some of the problems associated with intermediate sanctions.

84. Problems Selecting agencies: Selecting offenders:
Correctional agency administrators argue they should administer sanctions:
Critics say these agencies cannot support midrange activities
Selecting offenders:
Stakes:
The potential losses to victims and to the system if offenders fail; stakes include injury from violent crimes and public pressure resulting from negative publicity.

85. Problems Widening the net: Potentially the most damaging
Implementing intermediate sanctions has 3 consequences:
Wider nets
Stronger nets
Different nets

86. Learning Objective 5
Learning objective 5: List the various types of intermediate sanctions and who administers them.

87. Judiciary Pretrial diversion Fines: Forfeiture: Day fine:
A criminal penalty based on the amount of income an offender earns in a day’s work.
Forfeiture:
Government seizure of property and other assets derived from or used in criminal activity.

88. Judiciary Community service and restitution: Community service:
Compensation for injury to society, by the performance of service in the community.
Restitution:
Compensation for financial, physical, or emotional loss caused by an offender, in the form of either payment of money to the victim or to a public fund for crime victims, as stipulated by the court.

89. Probation Departments
Day reporting (treatment) centers:
Probation center:
Residential facility where persistent probation violators are sent for short periods.
Restitution center:
Facility where probationers who fall behind in restitution are sent to make payments on their debt.
Intensive supervision probation (ISP):
Probation granted under conditions of strict reporting to a probation officer with a limited caseload.

90. Probation Departments
Home confinement:
Sentence whereby offenders serve terms of incarceration in their own homes.
Electronic monitoring

91. Correctional Departments
Shock incarceration:
A short period of incarceration followed by a sentence reduction.
Boot camp:
A physically rigorous, disciplined, and demanding regimen emphasizing conditioning, education, and job training. Designed for young offenders.

92. Learning Objective 6
Learning objective 6: Describe what it takes to make intermediate sanctions work.

93. Success
Sanctions to be successful must be carefully planned and implemented
Potential obstacles:
Sentencing philosophies and practices
Offender selection criteria
Surveillance and control methods

94. Sentencing Issues Most important issue
Principle of Interchangeability:
The idea that different forms of intermediate sanctions can be calibrated to make them equivalent as punishments despite their differences in approach.

95. Offender Issues The target group: Problems of bias
Intermediate sanctions have 2 general goals:
Serve as a less-costly alternative to prison
Provide a more-effective alternative to probation
Wrong target group
Applied to non-prison cases
Low risk clients
Problems of bias

96. Surveillance and Control
Tough aspects of intermediate sanctions may not be totally positive.
Widening the net
Costs of stricter measure outweigh the benefits?

97. Learning Objective 7
Learning objective 7: Assess the role of the new correctional professional.

98. New Professional Three major shifts in the working environment:
Nongovernmental organizations have emerged to administer community corrections programs.
Increased emphasis on accountability has reduced individual discretion.
Relationship between the professional and the client has become less important than the principles of criminal justice that underlie the relationship.

99. Learning Objective 8
Learning objective 8: Explain how community corrections legislation works and describe its effectiveness.

100. Legislation Reducing reliance on prison:
Local justice systems have little incentive to keep their own offenders in local corrections.
Funded by state tax revenues
Centralized, state-administered punishments seem to be more expensive than local corrections.

101. Legislation Evaluation of community corrections legislation:
Three aims:
To reduce the rate and number of people sentenced to state correctional facilities
To reduce tax revenues spent on corrections by transferring both the costs and the funding to less- expensive local correctional facilities
To reduce prison populations

102. Learning Objective 9
Learning objective 9: Critically assess the future of probation, intermediate sanctions, and community corrections.

103. Future Three recurrent problems:
Some way must be found to overcome the seemingly immutable tendency of the CJ system to resist placing in less-restrictive options and to keep increasing the level of corrections.
Community support must increase
Purposes of sanctions must be clarified