Probation and Community Corrections
Probation and Community Corrections
© 2002 Wadsworth Publishing Co.
Chapter 12Introduction to Criminal Justice 2003:
A Microsoft® PowerPoint® Tool
Slides prepared by:Larry Bassi
SUNY Brockport
Chapter 12Introduction to Criminal Justice 2003:
A Microsoft® PowerPoint® Tool
Slides prepared by:Larry Bassi
SUNY Brockport
Task of the Corrections SystemTask of the Corrections System
Corrections includes building or Corrections includes building or rebuilding solid ties between the rebuilding solid ties between the offender and the community, offender and the community, integrating or reintegrating the integrating or reintegrating the offender into the community life - offender into the community life - restoring family ties, obtaining restoring family ties, obtaining employment and an education, employment and an education, securing in the larger sense a securing in the larger sense a place for the offender in the place for the offender in the routine functioning of society. routine functioning of society.
Pretrial DiversionPretrial
Diversion
Pretrial Diversion Programs interrupt the
proceedings and usually include treatment or counseling.
Pretrial Diversion Programs interrupt the
proceedings and usually include treatment or counseling.
Community-basedcorrections is an importantstep in diverting criminalsto alternative modes of punishment in order to ensurethat scarce incarceration resources areconsumed only by the most dangerouscriminals. Less serious offenders are“strained” out (or diverted) fromincarceration.
Community-Based Corrections
Community-Based Corrections
ProbationProbation
Probation canbe defined as“… the legal status of an offender who, after being convicted of a crime, has been directed by the sentencing court to remain in the
community under the supervision of a probation service for a designated period of time and subject to certain conditions imposed by the court or by the law.
ProbationProbation
Philosophy of ProbationPhilosophy of Probation
• Based on the premise that the average offender is not a danger to society
• Use of it eliminates the negative effects of the prisonization process (socialization into prison life)
• Gives offenders a second chance
• Based on the premise that the average offender is not a danger to society
• Use of it eliminates the negative effects of the prisonization process (socialization into prison life)
• Gives offenders a second chance
Felony Sentences Imposed by State Courts
Felony Sentences Imposed by State Courts
Percentage of Felony Convictions Straight
Probation
Split
ProbationPrison Jail
No
Incarceration
OffenseAll Offenses 29 29 29 10 3
Murder 5 11 83 1 0
Sexual Assault
20 29 46 4 1
Aggravated Assault
26 31 32 9 2
Burglary 27 27 36 8 2
Drug Possession
28 37 21 12 2
Drug
Trafficking25 31 30 11 2
Factors Leading to Probation RevocationFactors Leading to
Probation RevocationProbationProbation
DeniedDenied
Multiple ChargesMultiple ChargesOn probation or paroleOn probation or parole at time of arrest at time of arrestTwo or more priorsTwo or more priorsAddicted to narcoticsAddicted to narcoticsSeriously injured the Seriously injured the victim victimUsed a weapon during theUsed a weapon during the crime crime
Categories of
Probation Conditions
Categories of
Probation Conditions
StandardStandard TreatmentTreatment
PunitivePunitive
Conditions of Probation Conditions of Probation
Special Conditions Imposed on ProbationersSpecial Conditions Imposed on Probationers
Federal Probation Supervision LevelsFederal Probation Supervision Levels
Four Types of Probation Officers
Four Types of Probation Officers
Mediator Punitive
Therapeutic
Bureaucratic
FourFourTypesTypes
ofofProbationProbationOfficersOfficers
Probation is becoming progressively more dangerous because...
Probation is becoming progressively more dangerous because...
• DEMOGRAPHICSAs probation is increasingly offered to felons, probation officers find themselves dealing with a higher percentage of violent offenders.
• DEMOGRAPHICSAs probation is increasingly offered to felons, probation officers find themselves dealing with a higher percentage of violent offenders.
• FIREARMSWith more guns on the streets, the likelihood that a probationer is armed has increased significantly
• FIREARMSWith more guns on the streets, the likelihood that a probationer is armed has increased significantly
Revocation ProcessRevocation Process
Preliminary HearingPreliminary HearingPreliminary HearingPreliminary Hearing
Revocation HearingRevocation HearingRevocation HearingRevocation Hearing
Revocation SentencingRevocation SentencingRevocation SentencingRevocation Sentencing
Is Probation Successful?Is Probation Successful?
• Evidence is mixed
• Recidivism - what does it mean?– Rearrest, reconviction, technical violations
• Serious offenders most likely to recidivate
• Probation recidivism is lower than prison recidivism
• Evidence is mixed
• Recidivism - what does it mean?– Rearrest, reconviction, technical violations
• Serious offenders most likely to recidivate
• Probation recidivism is lower than prison recidivism
What’s the Future of Probation?
What’s the Future of Probation?
• Flexible
• Alleviates prison overcrowding
• Cost effective
• Allows for the imposition of probation fees
• Flexible
• Alleviates prison overcrowding
• Cost effective
• Allows for the imposition of probation fees
It will likely continue to be the most popular alternative sentence because it is:It will likely continue to be the most popular alternative sentence because it is:
Literacy Programs, Successful Probation Completion, and Recidivism
Literacy Programs, Successful Probation Completion, and Recidivism
The Punishment Ladder
The Punishment Ladder
Death PenaltyDeath Penalty
PrisonPrison
Boot campsBoot camps
Split sentencesSplit sentences
Residential community centerResidential community center
Electronic monitoringElectronic monitoring
House arrestHouse arrest
Intensive probationIntensive probation
RestitutionRestitution
ProbationProbation
ForfeitureForfeiture
FinesFines
ThePunishmen
tLadder
ThePunishmen
tLadderIntermediate Intermediate
sanctions allow sanctions allow judges to fit judges to fit punishment to the punishment to the crime without crime without resorting to a resorting to a prison sentence. prison sentence. They are punitive They are punitive because they are because they are increasingly increasingly severe.severe.
Supervision FeesSupervision Fees
Fines as a Criminal SanctionFines as a Criminal Sanction
• Used more often in lesser offenses or when financial profits were high
• Fines may discriminate against the poor
• Many fines go uncollected$
$$$
Day Fines are based on the seriousness of the offense and the offenders ability to pay.
Community Service OrdersCommunity Service Orders
Sentences that orderoffenders to workwithout pay at projectsthat benefit either thepublic or public charities.
Sentences that orderoffenders to workwithout pay at projectsthat benefit either thepublic or public charities.
RestitutionRestitution
• Pay back to victims or community service
• Used in 30% probation cases; the average is $3400; 60% make full payment in 3 years
• Qualified success• Widens the net of social control
Forfeiture as a SanctionForfeiture as a Sanction
• Can be used in civil & criminal cases
• Seizure of goods & instrumentalities related to the commission or outcome of a criminal act
• Zero tolerance
• Proportionality
• Can be used in civil & criminal cases
• Seizure of goods & instrumentalities related to the commission or outcome of a criminal act
• Zero tolerance
• Proportionality
Day Reporting CentersDay Reporting Centers
• Tools used to reduce jail and prison overcrowding
• Individual must spend all or part of each day at a reporting center
• Makes more easy to control and supervise individuals
• These can be used as tools of rehabilitation
• Tools used to reduce jail and prison overcrowding
• Individual must spend all or part of each day at a reporting center
• Makes more easy to control and supervise individuals
• These can be used as tools of rehabilitation
Intensive Supervision Probation
Intensive Supervision Probation
Considered as probation plus Rely on great degree of client contact by
probation officer (smaller case loads) 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
Intensive Probation GoalsIntensive Probation Goals
• Diversion from prison
• Maintain control of the individual
• Facilitate reintegration into the community
• Diversion from prison
• Maintain control of the individual
• Facilitate reintegration into the community
Shock IncarcerationShock Incarceration
Judges sentence anindividual to a period of time
in an institution, many ofwhich resemble an army
boot camp. After a periodof incarceration the offender
may apply for probation.Some states limit this option to certain types of offenders.
Judges sentence anindividual to a period of time
in an institution, many ofwhich resemble an army
boot camp. After a periodof incarceration the offender
may apply for probation.Some states limit this option to certain types of offenders.
Home ConfinementHome Confinement
• 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
• 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
• CURFEW
• HOME DETENTION
• HOME INCARCERATION
Levels of Home Confinement
Levels ofHome Confinement
Levels ofHome Confinement
Electronic MonitoringElectronic Monitoring
• Often used to ensure compliance with house arrest• Similar recidivism to traditional systems• Costs are lower (capital v. labor)• Overcrowding is reduced• Issues of privacy and liberty • Compliance technologies vary
• Often used to ensure compliance with house arrest• Similar recidivism to traditional systems• Costs are lower (capital v. labor)• Overcrowding is reduced• Issues of privacy and liberty • Compliance technologies vary
Boot CampsBoot
Camps
Boot Camps(as forms of shock incarceration)
Boot Camps(as forms of shock incarceration)
• Modeled after military basic training• Emphasizes strict discipline, manual labor and physical training• Duration is relatively short• Only available to certain offenders• Failure results in incarceration in a regular prison facility
Eligibility Requirements of Boot Camps in
the United States
Eligibility Requirements of Boot Camps in
the United States
As more and more alternatives toincarceration are used, the criminal
justice system can expand the number of people that can come
under its supervision.
As more and more alternatives toincarceration are used, the criminal
justice system can expand the number of people that can come
under its supervision.
Net WideningNet Widening
Alternative SentencingAlternative Sentencing
Split sentencesShock incarceration
Intermittent incarceration
Split sentencesShock incarceration
Intermittent incarceration