Chapter 11 Community Corrections Probation and Intermediate Sanctions Community Corrections Assumptions 1 Many offenders prior records and offenses weren t serious enough to warrant 2 Community supervision is cheaper than incarceration 3 Rates of recidivism a return to criminal behavior for those under supervision are no higher than those who go to prison 4 Ex inmates require both support and supervision as they try to remake their lives in incarceration the community Goal is to find the least restrictive alternative punishing the offender only severely enough to protect and satisfy the public Probation Correction without Incarceration Conditional release of the offender into the community under the supervision of officials o Must abide by specific conditions like curfew and drug tests o Combined w other sanctions like fines restitution and service Number of probationers is at a record high and still rising Public sees it as a slap on the wrist for offenders Origins and Evolutions of Probation o 1841 John Augusts Boston police officer urged the court to give him custody of an offender for a brief period and helped rehabilitate by the time of sentencing counseling o began as an effort to allow 1st timers and minor offenders a second chance o 1940 s probation officers shifted emphasis from moral support to therapeutic no longer needed to enforce a particular morality became more of a clinical social worker helping out offenders psychological and social problems offender was expected to become actively involved in treatment o 1960 s emphasis became of both therapy and providing concrete social services such as assistance w employment finance education etc o 1970 s rehabilitation and reintegration gave way to risk management which seeks to minimize the probability that an offender will commit a new offense punishment should fit offense and correctional officer should neither raise nor lower the level of punishment Organization of Probation o Falls under executive branch of state government but mainly local and county governments work with offenders Locally administered programs help 2 3rds of offenders o Locally elected county judges are in charge but they need to have a good working relationship w probation officer in order for it to be most effective need to trust one another s discretion o Probation officers need direct access to corrections and other human services agencies Probation Services o Several states have combined probation and parole services in order to coordinate resources and services together o Officers play role similar to both police nad social workers Supervise clients in order to keep them out of trouble and enforce rtuls of probation or not Involves discretionary decision on whether to report violations Act like social workers when helping them obtain services like housing employment etc o Officers developed methods of risk classification in order to help them with service needs and the element of risk the pose on community and chances they will commit another crime Revocation and Termination of Probation o Probation ends when person successfully completes probation or commits a technical violation Failure to abide by the rules and conditions of probation Violating curfew failing drug test etc Have discretion on whether to bring violation to judge When violation happens they have two part hearing Preliminary must be held to determine whether probable cause exists Final hearing to see whether revocation is made Assessing Probation officer o Critics see it as a slap on the wrist and absence of punish o In LA 60 probationers are solely tracked by computer no interaction w o Although Recividism rate is lower than for those who were incarcerated wonder whter it comes from direct supervision or actual rehab Intermediate Sanctions In the Community Restrict offenders more than probation and less than incarceration o Wide range of punishments that vary in severity Intermediate Sanctions Administered Primarily By Judiciary o Involve the transer of money or property from gov t to crime victim o Fines sum of money to be paid to the sate by a convicted person as a punishment for an offense Range from traffic violations to felionies 1 bil collected annually Used in conjuction with other forms of punishment Don t make greater use of the punishment because of the difficulty of collecting from poor fear they will get the money by doing illegal acts o Restitution repayment in the form of money or service by an offender to a victim who has suffered a loss from the crime Seeks to repair the harm done Mainly derives from informal agreements b t police and offenders at the station during plea or in sentence recommendation More easily imposed when damage inflicted can be easily measured o Forfeiture gov t seizure of property and other assets derived from or used in property medical bills criminal activity Amount can be quite considerable Can be considered unconstitutional because confiscating property w o a hearing violates rights Intermediate Sanctions Administered in the Community o Home confinement sentence requires offender to remain inside his or her home during specified periods Addtion to other restriction such as curfew and drugs Some are allowed to go to place of employment treatment or education during the day but have curfew Can be imposed at any point in CJ process Relieves government responsibility to provide offender with food clothing etc Electronic monitoring equipment makes it an enforceable punishment Problems Monitoring could violate 4th amendment equipment can have technical problems and offender failure rates prove to be high o Community service requires offender to do a certain amount of unpaid laboring the community Social services cleaning parks helping the poor Must do a certain number of hours Tailor services around person s skills o Day reporting centers a community correctional center where an offender has to report each day to comply w elements of a sentence Designed to make offenders follow employment and treatment stipulations attached to sentence Incorporate multiple correction methods o Intensive Supervision Probation ISP probation granted under conditions of strict reporting to a probation officer with a limited caseload Imposes strict conditions reporting to a probation officer with a limited Speak with officers frequently sometimes more than once a caseload day Two Types Probation Diversion puts under intense surveillance those thought to be too
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