Probation and Community Corrections

Mr. Concannon Smith

Justification for Community Corrections

Reintegration

Studies show higher recidivism rates for offenders who are subjected to prison culture

Reintegration has a strong theoretical basis in rehabilitative theories of punishment An offender is generally considered to be “rehabilitated” when he

or she no longer represents a threat to other members of the community

Decided through dangerousness hearings The offender is then believed to be fit to live in the community

Reintegration = process through which corrections officials provide offender with incentives to follow the rules of society

Diversion Less serious offenders are diverted from incarceration

Community-based corrections divert criminals to alternative modes of punishment

Idea: scarce incarceration resources are consumed by only the most dangerous criminals

Only the most serious offenders are sent to prison (theoretically)

“Low Cost” Alternative

Even political opponents have embraced such programs to keep nonviolent offenders out of prison because of cost

Money talks!—the high cost of incarceration has placed a great deal of pressure on correctional budgets to pursue less expensive measures

Example: $35,000 per year avg. (national figure) and $46,000 for state inmate in MA compared to $1,250 for a probationer.

What is ProbationMr. Concannon Smith

Probation: Doing time in the

Community Probation is a criminal sanction in which a convict is

allowed to remain in the community (under strict restraints) Probation is the most common form of punishment in

the United States It is administered differently in various jurisdictions The theory behind probation is that certain offenders

having been found guilty of a crime, can be more economically and humanely treated by placing them under controls while still allowing them to live in the community

Sentencing Choices & Probation

Probation is basically an “arrangement” between sentencing authorities and the offender Traditional probation

the offender agrees to comply with certain terms of a specified amount of time in return for serving the sentence in the community

Primary benefit besides not going to prison, the length of the

probationary period is usually considerably shorter than the length of a prison term

Alternative Sentencing Arrangements

Split sentences (shock probation) – the offender is sentenced to a specific amount of time in prison or jail to be followed by a period of probation

Shock incarceration – an offender is sentenced to prison or jail with the understanding that after a period of time, he or she may petition the court to be released on probation

Intermittent incarceration – the offender spends a specified amount of time each week, usually during the weekend, in prison or jail.

Suspended Sentence- convicted and sentenced but not required to serve unless they “reoffend.”

Eligibility and ConditionsMr. Concannon Smith

Eligibility for Probation

1 Not every offender is eligible for probation

2 Offenders are most likely to be denied probation if they:a Were convicted on multiple chargesb Were on probation or parole at the time of arrestc Have two or more prior convictionsd Are addicted to narcoticse Seriously injured the victim of the crimef Used a weapon during the commission of the

crime

Conditions of Probation Judge can set conditions of probation

Conditions represent a “contract” between the judge and the offender but the probation may be revoked

Probation officers usually recommend conditions of probation, but judges also have the power to set any terms they believe to be necessary

Judges operate under guiding principles for their discretion in setting conditions of probation Conditions must be related to the dual purposes of probation

Rehabilitation of the probationer Protection of the community

Conditions must not violate the United States Constitution

Three Types of Conditions

In general, conditions placed on a probationer fall into three categories

1. Standard conditions: imposed on all probationers (includes reporting regularly to probation officer, maintaining employment, etc.)

2. Punitive conditions: reflect the seriousness of the offense (fines, community service, drug testing, home confinement)

3. Treatment conditions: imposed to reverse patterns of self destructive behavior (drug/alcohol treatment)

Failure to comply with conditions may result in revocation of probation!

The Probation Officer

Mr. Concannon Smith

The Probation Officer Probation officer has two basic roles

1. Investigative—conducting the presentence investigation

2. Supervisory—begins as soon as the offender has been sentenced to probation

The goals of supervision

1. Supervisory policies vary and are often a reflection of whether the authority to administer probations services is decentralized or centralized

2. The probation officer establishes a relationship with the offender Relationship is based on the mutual goals of both parties Focus is on the successful completion of the

probationary period

The Use of Authority1. The ideal probation officer-offender relationship is based on

trust In reality trust does not exist Truthful relationship is marred, as one self-reported

wrongdoing can be used to revoke probation

2. In the absence of trust, most officers rely on their authority to guide an offender successfully through the sentence An officer’s authority is based not only on her or his power

to revoke probation, but also on a number of lesser sanctions

To be successful, a probation officer must establish this authority early in the relationship

The Caseload Dilemma Excessive caseloads are a threat to balancing

successful probation approaches

A caseload is the number of clients that a probation officer supervises at any one time

Heavy caseloads make it nearly impossible to rigorously enforce probation conditions on clients which in turn undermines supervision

Revocation of ProbationMr. Concannon Smith

Probation Ends in Two Ways1 Probationer successfully fulfills the conditions of

the sentence

2 Probationer misbehaves and probation is revoked Decision to revoke after a technical violation is

often a judgment call by the probation officer Can be focus of controversy

Revocation Trends1 In the past technical violations almost always

led to revocation Ex: failing to report change of address, or

testing positive for drug use (marijuana)

2 Today, probation officers will take that step only if they believe the technical violation in question represented a serious danger to themselves or the community (think HOPE) 63% complete their terms without revocation

The Revocation Process SCOTUS has established a three-stage procedure by which

the “limited” due process rights of probationers must be protected in potential revocation situations

1. The preliminary hearing Appearance before a judge, facts presented, and probable

cause for revocation determined

2. The revocation hearing Probation agency presents evidence of violation probationer can attempt to refute the evidence, have the

right to know the charges against them, they can testify on their own behalf and have witnesses in their favor

3. Revocation sentencing Judge decides on incarceration or stricter probation

Differences from Criminal Hearing

Intermediate Sanctions

Mr. Concannon Smith

Intermediate Sanctions a number of additional sentencing options for those

wrongdoers who require stricter supervision than reg. probation, but for whom imprisonment would be counterproductive.

Judicial Discretion

Besides imprisonment and probation, a judge has five options1 Fines2 Community service3 Restitution4 Forfeiture5 Pretrial diversion programs

Forfeiture 1 In 1970, Congress passed the Racketeer Influence and

Corrupt Organization (RICO) Act to prevent the use of legitimate business enterprises

as shields for organized crime (can apply to individuals)

2 Forfeiture refers to a process by which the government seizes property gained from or used in criminal activity

Example: if a person is convicted for smuggling cocaine into the U.S. from South America, a judge can order the seizure of not just the drugs but the speedboat used to deliver the drugs.

Pretrial Diversion Programs

1 Programs represent an “interruption” of the criminal proceedings reserved for young or first-time offenders who have been

arrested on charges of illegal drug use, child or spousal abuse, or sexual misconduct

2 Usually include extensive counseling, often in a treatment center

3 If the offender successfully follows the conditions of the program, the criminal charges are dropped

Drug Courts1 Fastest growing form of pretrial diversion in the country

2 Offender is given the opportunity to participate in the drug court program or to continue on with the standard court process

3 Those in drug court are supervised by a judge while they complete a mixture of treatment and sanctions designed to cure their drug addiction

4 When offenders successfully complete the program, drug court rewards them by dropping all of the criminal charges against them

Intermediate Sanctions ContinuedMr. Concannon Smith

Day Reporting Centers Mainly used to reduce jail and prison overcrowding

Offenders are allowed to remain in the community

Offenders must spend all or part of each day at a reporting enter

To a certain extent, represents an extreme form of supervision

Serve as instruments of rehabilitation Centers often feature treatment programs for drug and

alcohol abusers May also provide counseling for a number of

psychological problems

Intensive Supervision

Offers a more restrictive alternative to regular probation with higher levels of face–to–face contact between offenders and officers, drug testing, and electronic surveillance

Has two primary functions

1. To divert offenders from overcrowded prisons or jails

2. To place these offenders under higher levels of control

Shock Incarceration “Scared straight” programs were used by some

jurisdictions with the express purpose of deterring further criminal activity by juveniles and first-time offenders

Critics contended that they have no discernible effects on recidivism rates

Boot Camps programs are another form of shock incarceration that are designed to instill self-respect and self-discipline in the offender In fashion since the late 80s but falling out of fashion

recently

https://www.ncjrs.gov/pdffiles/mse.pdf

1. Before you read this report answer the following: Do you agree with shock incarceration? Be thorough!

2. Read the report and then answer the following: Did your opinions change based on what you read? Why

or why not? Use evidence from the report to support your opinions.

3. Which state in this report is the most selective (eligibility)? (p. 8-12)

4. Does this work to lower recidivism rates? (p. 25-30) Explain the results in this section

5. How specifically do these programs help prevent prison crowding? How is this different than Day Reporting Centers?

Home Confinement Mr. Concannon Smith

Home Confinement

Various forms of home confinement have existed for centuries

Home confinement has served as a method of political control used by totalitarian regimes to isolate and silence dissidents

Home confinement was impractical until recently with the advent of electronic monitoring to “guard” the prisoner

Levels of Home Monitoring1. Curfew

—requires offenders to be in their homes at specific hours each day, usually at night

2. Home detention —requires that offenders remain home at all times, with

exceptions made for education, employment, counseling, or other specified activities such as the purchase of food or, in some instances, attendance at religious ceremonies

3. Home incarceration —requires the offender to remain home at all times, save

for medical emergencies

Benefits of Home Confinement

1. Protects the community

2. Saves public $$$ (do we see a theme emerging?)

3. Saves space in correctional facilities by keeping convicts out of institutional incarceration

4. Meets public expectations of punishment for criminals

5. Recognizes that offenders, despite their crimes, play important roles in the community and allows them to continue in these roles

Types of Electronic MonitoringMr. Concannon Smith

“Programmed Contact” The offender is contacted periodically by

telephone or beeper to verify his or her whereabouts

Verification is obtained via a computer that uses voice or visual identification techniques or by requiring the offender to enter a code in an electronic box when called

Continuously Signaling Device

Worn around the convict’s wrist, ankle, (or neck according to the book but not verified by me)

A transmitter in the device sends out a continuous signal to a “receiver-dialer” device located in the offender’s dwelling

If the receiver device does not detect a signal from the transmitter, it informs a central computer and the police are notified

The creators of the first tracking devices say Spiderman comic books inspired their creation.

Secure Continuous Remote Alcohol Monitor

The Community Corrections Paradox?

Mr. Concannon Smith

“The Quicksand Effect” Despite their many benefits, the ability to divert

a large number of nonviolent offenders from prisons to less restrictive conditions means that the more effectively they are controlled, the more likely they are to incur a technical violation that can place them at risk for failing the terms of their supervision

Barbara Sims refers to this as the “quicksand” effect of increased surveillance Pulls them more deeply into the system

Next Unit Sneak Peek

Corruption Leads to Modernization

Mr. Concannon Smith

History of American Policing In the early days police services had little to do with

crime control Instead they were

directed toward controlling certain groups of people (slaves and Native Americans)

delivering goods regulating activities maintaining health and sanitation controlling gambling and vice managing livestock and other animals

These police services were performed mostly by volunteers

Early Am. Police Experience Policing in the United States and in England

evolved along similar lines

Law enforcement following the American Revolution mirrored the English system Constables and night watchmen were taken from

ranks of ordinary citizens In some states this was mandatory and fines were

set for nonconformists Governor hired a sheriff in each county to

oversee formal aspects of law enforcement

Earliest Departments 1. Boston in 1801 through formalizing of a night watch

Night watchmen were paid $.50/night for their duties For the following 3 decades no city went further than to

establish the watch system

2. In 1833, Philadelphia employed both day and night watchmen through “reactive patrol units.”

3. Five years later, Boston formed the first organized police department six full-time officers modeled after the London Metropolitan Police

4. In 1844, New York City set the foundation for the modern police department…combined day and night watches a single police chief

The Spoils System1 Corruption was rampant during the political era of

policing from 1840 to 1930

2 Police salaries were relatively lowa Many officers saw their positions as opportunities to

make extra income through illegal activitiesb Bribery was common (paid to look the other way) or

do “favors” for criminals.c Referred to as the patronage system or the “spoils

system” because the political victors gained the spoils

Modernization of Policing President Hoover appointed the National

Commission on Law Observance and Enforcement to assess the American criminal justice system in 1929

The Wickersham Commission, named after the chairman, focused on two areas of policing that were in need of reform 1. Police brutality 2. “The corrupting influence of politics”

The commission reported that reform was in need of 1. higher personnel standards 2. centralized police administration 3. increased use of technology

Rise of Fingerprinting

What are fingerprints?

Friction ridge skin pattern Found on fingers, palms, toes, soles of feet. Composed of ridges (hills) and furrows (valleys) Black = Ridges

White = Valleys

Fingerprints

What are fingerprints?

Develop in early embryonic development. Pattern based on genetics, detail somewhat random Identical twins do not have identical fingerprints

Fingerprints

How are fingerprints analyzed?

Categorized by pattern and minutiae

Fingerprints

How are fingerprints analyzed?

Patterns

Arch Loop Whorl

Fingerprints

How are fingerprints analyzed?

Minutiae

Dot

Bifurcation

Island

Ridge Ending

Fingerprints

Computer software compares the location of these minutiae.

Fingerprints

Modern Fingerprint Analysis

Computer system stores patterns and minutiae of prints

AFIS: automated fingerprint identification system

Fingerprints