Corrections Chapter 4 Notes 1 Diversion The halting or suspension before conviction of formal criminal proceedings against a person often conditioned on some form of counter performance by the defendant a Examples i Drug Courts ii Mental Health Courts iii Domestic Violence Courts iv Work Courts v Veteran Courts b Objectives 3 c Rationales for Diversion i Avoid stigma ii Less expensive iii Public perceptions iv Gives clients a better chance at life d Types of Diversion i Prevent future criminal activity ii Save prosecution and judicial resources iii An opportunity for restoration to communities and victims of crime i Conditional Dismisses charges if the defendant satisfactorily completes programs ordered by the justice system ii Unconditional Terminates criminal proceedings at any point before adjudication with no threat of later prosecution The conditional release of a convicted offender into the community under the 2 Probation supervision of a probation officer a b Types of conditions It is conditional because it can be revoked if certain conditions are not met i Monetary penalties drug testing employment requirement and mandatory treatment c Reasons for probation i Keeps offenders in their communities ii Avoids the institutionalization and stigma of imprisonment iii Costs iv Fair treatment for offenders whose crimes do not merit incarceration d Goals i Protect the community ii Carry out court imposed sanctions iii iv Support crime victims v Coordinate and promote use of community resources Identify probationers supervision and service needs e History of Probation i ii Judge Peter Oxenbridge Thatcher laid the foundation for probation in Boston in 1830 with the first recorded use of R O R in the US In 1878 the Massachusetts legislature passed the first statute authority probation iii On March 4 1925 President Calvin Coolidge signed the National Probation Act f Characteristics of Adults on Probation i 4 2 million adults 1 47 adults over 18 is on probation ii 76 male and 24 female iii 55 white 29 black 13 Hispanic 1 other iv 51 felony and 47 misdemeanor v 26 for drug law violations vi Southern states have highest rate vii Average length is 37 months g Does probation work i Evidence based corrections recidivism ii APPA Data should measure other outcomes besides recidivism 1 Amount of restitution collected 2 Number of offenders employed 3 Amounts of fines and fees collected 4 Hours of community service performed 5 Number of treatment sessions attended 6 Rate of enrollment in school 7 Number of days of employment 8 Number of days drug free iii 2 3 successfully complete probation 3 Probation Officers a Duties of probation officers i Case investigation Presentence Report PSR 1 Provides a social and personal history as well as an evaluation of a defendant as an aid to the court in determining a sentence ii Two main purposes 1 Assist the court in reaching a fair sentence 2 Outlines a treatment plan for the offender iii They need to come up with a plan and recommend a sentence many options iv will be presented Judges follow the recommendation over 80 of the time when probation is recommended and over 60 of the time when prison is recommended v Supervision 1 2 Surveillance monitoring the activities of probationers Intervention providing offenders access to a wide variety of services 3 Enforcement making probationers accountable for their behavior and making sure they understand the consequences of violating the conditions of probations 4 Their 2 roles are supervising and social workers The social work part would be helping them get a job and pushing for them to succeed but the supervising is making sure they are adhering to their requirements otherwise they will get booted off of probation 4 Legal environment of Probation a Probation revocation i Revocation the formal termination of an offender s conditional freedom ii Revocation hearing a due process hearing that must be held to determine whether the conditions of probation have been violated before probation can be revoked and the offender removed from the community b Revocation Triggers i Technical violation a failure to comply with the conditions of probation ii New offense violation the arrest and prosecution for the commission of a new crime c Gagnon v Scarpelli 1973 and Morrissey v Brewer 1972 i A probationer is entitled to 1 Written notice of the charge 2 Disclosure of the evidence 3 The opportunity to be heard and to present evidence and witnesses 4 Confront and cross examine witnesses 5 6 A written statement of the reasons for revoking probation 7 Counsel Judgment by a detached and neutral hearing body Plano Police Department Start at 56 000 and top out after 3 years at 77 000 275 000 people 15 miles north of Dallas City pays for a masters education June of this year is next entrance exam and they are currently hiring mikewh plano gov 972 941 2436