Chapter 4 Diversion Probation Critics about diversion You waive off your rights Rationales For Diversion Avoid stigma Less expensive than formally processing individual Public perceptions Gives clients a better chances at life Types of Diversion Unconditional Terminates criminal proceeding at any points before adjudication with no threat of later prosecution Conditional Dismisses charges if the defendant satisfactorily completes programs ordered by the justice system what the prosecutor tells you to do Probation The conditional release of a convicted offender into the community under the supervision of a probation officer It is conditional because it can be revoked if certain conditions are not met Types of conditions Monetary penalty drug testing employment requirements and mandatory treatment 2 3 of most probations need to take some sort of treatment program Reasons for Probation Keeps offenders in their communities Avoids the institutionalization and stigma of imprisonment Fair treatment for offenders whose crimes do not merit incarceration 4 Costs compared to 60 in jail Goals of Probation Protect the community Carry out court imposed sanctions Support crime victims Coordinate and promote use of community resources Identify probationers supervision and service needs History of Probation Judge Peter Ovenbrdge Thatcher laid the foundation for probation in Boston in 1830 with the first recorded use of R O R in the U S In 1878 The Massachusetts legislature passed the first statue authorizing probation On March 4 1925 President Calvin Coolidge signed nation probation act Characteristics of Adults on Probation 1 75 adults are on probation 4 2 million adults 76 male 24 female Southern state the longest probation 55 white 29 black 13 Hispanic 1 other 51 felony 47 misdemeanor 26 for drug violation Does Probation Work Evidence Based Corrections recidivism 2 3 of all complete probation Only a 1 3 of those 2 3 are felons Amount of restitution collected Number of offenders employed Amount of fines and fees collected Hours of community service performed Number of treatment sessions attended Rate of enrollment in school Number of days of employment Number of days drug free Duties Of Probation Officers Case Investigation Presentence Report PSR Provides a social and personal history as well as an evaluation of a defendant as an aid to the court in determining a sentence Two main Purpose Assists the court in reaching a fair sentence Outlines a treatment plan for the offender Judges follow the recommendation over 80 of the time when probation is recommended over 60 of the time when prison is recommended Duties of Probation Officers Supervision role strain Intervention providing offenders access to a wide variety of services Surveillance monitoring the activities of probation Enforcement making probationers accountable for their behavior and making sure they understand the consequences of violating the conditions of probation Probation Revocation Revocation the formal termination of an offender s conditional freedom 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 Revocation Triggers crime Technical Violation a failure to comply with the conditions of probation New Offense Violation the arrest and prosecution for the commission of a new Gagnon vs Scarpellli 1973 Morrissey vs Brewer 1972 A probationer is entitled to Written notice of the charge Disclosure of the evidence The opportunity to be heard present evidence and witnesses Confront cross examine witnesses A written statement of the reasons for revoking probation Counsel Judgment by a detached neutral hearing body