Corrections in America An Introduction Eleventh Edition

1. Corrections in AmericaAn IntroductionEleventh Edition Allen, Latessa, Ponder and Simonsen Chapter 7: Probation

2. Overview • Probation • Most commonly used correctional sentence • Most maligned and under-appreciated • Struggles to gain respect/support from the media, public, and legislators

3. Probation • Probation is a sentence that does not include confinement and imposes conditions • The court retains authority to: • Supervise • Modify conditions • Cancel and re-sentence

4. Probation, Suspended Sentence, and Sanctuary • Probation is derived from the suspended sentence • Also from the right of sanctuary in the Bible (Mosaic Law) • Right of Sanctuary was replaced by “benefit of clergy”

5. Suspended Sentence • Suspended sentence differs from probation (does not require supervision) • Can be revoked • Supervised probation has replaced most “suspended sentences”

6. The History of Probation • Informally began in the nineteenth century • John Augustus bailed out almost 2,000 men, women, and children • John Augustus is credited with being the parent of probation • Augustus’s efforts encouraged Massachusetts to enact the first probation statute in 1878

7. The Spread of Probation • By 1927 every state had some sort of juvenile probation • Not until 1956 did all states have some sort of adult probation

8. Probation • Probation is intended to reclaim offenders before they are committed to criminal careers

9. Probation Missionand Purpose • Uses existing community resources to assist offenders in dealing with their problems • Saves money • Avoids prisonization • Keeps offender’s families off welfare • Provides restitution

10. Mission: cont. • Allows selective incapacitation . . . permitting the use of prison beds for violent and aggressive offenders

11. Frequency with Which Probation Was Imposed at Sentencing by Crime of Conviction Crime of convictionReceiving probation Homicide 4% Rape 16% Robbery 12% Aggravated assault 28% Burglary 25% Larceny 36% Drug trafficking 29%

12. Organization and Role of the Probation Agency • Wide variety of systems: county, state • Role is viewed as a dichotomy • Societal protection • Counseling and rehabilitation • Supervising Officers are left to their own devices . . . at best, a balancing act

13. The Decision to Grant Probation • The Presentence Investigation Report evaluates the offender’s background • May recommend probation • Plan of supervision

14. The Sentencing Hearing • Presentence Report plays a central role • Revealing any prior convictions? • Inflicted bodily harm? • Used a weapon? • Unknown to the victim? • Indicators of mental illness?

15. Hearing cont. • Probation is likely when the bulk of the evidence is that the offender: • Is basically pro-social and committed first crime • Good education - work histories • Married with dependants

16. Hearing cont. • Has underlining need to address drug or alcohol abuse • Has a low risk score

17. Risk Assessments • Level of Service Inventory-Revised (LSI-R) • Includes: • Criminal history • Financial history • Companions • Accommodations • Alcohol/drug issues • Education and employment • Leisure and recreational activities • Family/Marital • Emotional problems • Attitudes

18. The Level of Services-Revised and Recidivism Percent Recidivated LSI Score

19. Recidivism • Recidivism can be significantly diminished if offenders are on probation or in detention with . . . • treatment and services specific to their risk and need factors • and complete the program Treatment

20. Treatment • Post-treatment reduction of criminal activities is most pronounced among older rather than younger offenders • Involving juvenile’s family in the treatment process tends to increase the chances of success (with drug abuse) • Probationers as a group tend to have alcohol and drug abuse problems of large dimensions Treatment

21. Conditions of Probation • Courts may impose conditions such as: • Reporting to supervising officer • Obeying laws • Submitting to searches • Not being in possession of firearms or drugs • Avoiding excessive use of alcohol • Not associating with known criminals • Staying in sentencing jurisdiction • Reporting any change of job, residence

22. Conditions of Probation • Courts may impose special conditions such as: • Supervision fees • Fines • Court Costs • Employment • Mandatory drug testing • Restitution to victim • Drug or alcohol abuse treatment • Community service

23. Conditions of Probation • Courts may impose Intermediate Sanctions: • House arrest • Day attendance centers • Electronic monitoring • Intensive supervision • Half-way house residency • Boot camp programs • Split sentences

24. Conditions: cont. • Violation of such conditions may result in Tourniquet Sentencing • An increase in conditions that match the severity of the breach of conditions

25. Probation Can Be Strengthened • By using a variety of alternative sanctions • Avoids criminal re-offending • Protects the community • Assists clients to address their basic needs

26. Probation Revocation • A hearing may be held to determine if probation should be revoked • Must follow Gagnon vs. Scarpelli • Probation is a privilege, not a right…thus offender has an interest in remaining on probation

27. Revocation: cont. • Due Process with all of its elements • Right of written notice • Right to attend hearing, present evidence • Right to challenge those testifying • Right to confront and cross-examine witnesses • Right to legal counsel, etc.

28. Revocation: cont. • The Revocation Hearing can lead to: • Supervision reduced/increased • Warned and admonished • Additional conditions

29. Revocation: cont. • Court can revoke probation andre-sentence • Court can consider mental competence and order a mental health examination • Bench warrant can be issued when offender cannot be found

30. Felony Probation • Probation traditionally used for misdemeanors and low-level,non-violent crime • Prison overcrowding has forced prison administrators to look at other categories of offenders for relief

31. The Broken Windows Approach • This model is based upon: • Public safety first • Working in the community • Developing partners in the community • Rationally allocating scarce resources • Enforcing conditions and penalizing violations

32. The Broken Windows Approach: cont. • Emphasizing performance based initiatives • Encourage strong and steady leadership

33. Broken Windows: cont. • Broken Windows is not without critics: • Model filled with rhetoric, unrealistic, and based on a flawed approach • Ignores significant body of research that the most effective way to achieve public safety is through well-designed and implemented treatment

34. Probation and Its Role in Corrections • With a crisis in overcrowding . . . will probation play a larger role in the future? • Three strategies to reduce overcrowding • Front end – alternative sentences • Bricks and mortar • Back end – “early out” or “extended limits”