Probation Economic Sanctions

1. Probation & Economic Sanctions Chapter 6

2. Learning Objectives Probation�s role as most common form of community-based sanctions Intensive probation supervision (IPS) for offenders that present public safety issues in the community. Non-incarcerating sanctions Community Service Restitution Fines

3. Community Corrections:Housing At home Participate in non-residential programs Residential treatment facility In offenders� neighborhood

4. Community Correction: Program Benefits Reinforces ties to local community Family Church Work Connect with community support networks Wider variety of rehabilitation & treatment programs (compared to jail or prison)

5. Types of Community Programs 1) Sexual Offender Treatment 2) Substance Abuse Treatment 3) Education GED Vocational 4) Mental Health Treatment Diagnostic Individual, family, & group counseling Prescriptions for medication

6. Components of Probation Pre-sentence Investigation Caseworker (Individual & group counseling) Broker of Services (Court ordered, includes restitution) Surveillance

7. Objectives of Probation Minimize behaviors associated with offending Maximize pro-social behaviors Under supervision

8. Probation as: Pretrial diversion Imposed supervision before a guilty plea Defendant assists in case preparation Court assures defendant appearance

9. Probation as: Deferred adjudication (a.k.a. Suspended imposition of sentence (SIS) Plea bargain (guilty) agreement Formal judgment is withheld or "deferred� Pending the outcome of the probation Successfully completes probation Charges dismissed--No conviction Violates probation Judge can impose any sentence allowed for the crime

10. Probation as: Suspended execution of sentence (SES) Convicted offender placed on probation Incarceration time preset in case of revocation Judge limited to executing only that sentence

11. Probation Violations & Revocations Judge may revoke defendant for any violation. If probation was ordered pursuant to Suspended Imposition of Sentence (SIS) judge may impose sentence within full range of punishment for crime convicted. If probation was ordered pursuant to Suspended Execution of Sentence (SES), judge is limited to imposing sentence that was originally suspended.

12. How is Probation Violated? Failure to Pay � When the defendant fails to pay required fines or restitution to the victim Failure to Comply � Defendant�s probation may include rehabilitation or community service.� When the defendant fails to complete these required programs. Failure to Appear � Many probation requirements include a scheduled court appearance for a progress report.�

13. How is Probation Violated? (continued) Violation of Rules � Probation may include rules that prohibit the defendant from visiting certain persons or locations.� Failure to Report � Probation may require the defendant to report to a probation officer at scheduled times.� 

14. How is Probation Violated?(continued) Possession of Illegal Substances � When the defendant possesses illegal weapons or drugs Committing Crimes � Staying out of trouble is mandatory during probation.� When the defendant commits crimes during the probationary period. Being Arrested � Regardless of whether criminal charges are present, when the defendant is arrested during the probationary period

15. Evaluating Probation Cost Effective Appropriate Punishment Surveillance + Treatment Reduces Recidivism Men more likely than women to be rearrested for new crime

16. What is Community Service? Unpaid work by an offender for a civic or nonprofit organization such as: Public libraries Soup kitchens Recycling centers Literacy programs Conservation programs Senior citizen centers

17. Victim Restitution Court-ordered cash payment Made by an offender To the victim To offset losses incurred from the criminal event

18. Benefits of Restitution Compensates victim for losses Focuses the offender's attention wrongfulness of the crime Aids rehabilitation of the offender Provides a sense of vindication to the victim

19. Victim Compensation General fund by which state governments Disperse money to qualifying victims of violent crimes For payment of bills and lost wages.

20. Fines Fixed financial penalty imposed by the judge Amount defined by severity of the offense Punitive and deterrent purposes Do not necessarily undermine the offender's ties to family and community Flexible to reflect both the seriousness of the offense and the offender's resources

21. Fines Can be combined with other sanctions Relatively inexpensive to administer Can be tailored to the offender's assets and income Considered inappropriate sole punishments for violent, property, and drug offenses. Primarily used for traffic and less serious high-volume crimes such as misdemeanors & ordinance violations.

22. Structured Fines (Day Fines) What Are Structured Fines and How Do They Work? Structured fines are based on a simple concept: Punishment by a fine should be proportionate to the seriousness of the offense Should have similar economic impact on persons with differing financial resources Who are convicted of the same offense Initially developed in Europe

23. Structured Fines Set up through a two-step process that determines: 1)Severity of the punishment 2)Assessment of a specific dollar amount. First, use a scale that ranks offenses according to their gravity The number of structured fine units for the crime is determined

24. Structured Fines Second, the dollar amount of the fine is figured by multiplying the number of fine units by a portion of a defendant�s net daily income (hence the term �day fine�) Adjusted to account for dependents and special circumstances. http://www.google.com/search?hl=en&rlz=1G1GGLQ_ENUS274&q=offense+structured+fine+scale&btnG=Search

25. Tariff (fixed rate) Fines Tariff fines (fixed rate fines) widely used in American criminal courts. Tariff systems: Fine set at a single fixed amount, or within a narrow range, for each specific offense. Fixed amount imposed on all defendants convicted of a particular crime No regard for offenders� financial circumstances

26. Problems with Tariff Fines Fines set at low levels: Have little punitive or deterrent effect on affluent offenders. Fines set at higher levels: Collecting from poor defendants is difficult or impossible These defendants are eventually given jail sentences.

27. Advantages of Structured Fines Offender Accountability Deterrence Fairness

28. Offender Accountability Structured fines are punitive Severity of the punishment has similar economic impact on individual offender Based on the gravity of the offense The offender is, quite literally, made to pay his or her debt to society.

29. Deterrence & Fairness Deterrence Provide an economic disincentive for criminal behavior. Enable courts to impose meaningful monetary consequences for conviction Fairness Equity of the concept Tariff fines are inherently unfair Too low to be meaningful to affluent Exceed the ability of some defendants to pay

30. Other Types Of Intermediate Sanctions Day Reporting Centers A community correctional center to which an offender reports each day to file a daily schedule with a supervision officer, showing how each hour will be spent First developed in Great Britain in 1972. Hampden County (Springfield, Massachusetts) Sheriff's Department opened first DRC in U.S. in 1986.

31. Other Types Of Intermediate Sanctions Remote-location monitoring - Technologies, GPS and EM In 1997, Florida was first state to use GPS to monitor sex offenders

32. Other Types Of Intermediate Sanctions Boot Camps - Short institutional term of confinement that includes a physical regimen designed to develop: Self-discipline Respect for authority Responsibility A sense of accomplishment.

33. Boot Camps First adult programs opened in Oklahoma and Georgia Target young first-time offenders who have been convicted of nonviolent crimes. Use of correctional boot camps is on the decline.

34. Effectiveness of Community Service For Reducing recidivism Treatment and rehabilitation are more likely to be successful than are: Surveillance and enforcement Selection and assignment of appropriate offenders to appropriate sanctions is the key (Findings supported by several studies)

35. Effectiveness of Probation�Negative Factors History of: Juvenile offenses Substance abuse Lower educational level Unemployment No support systems

36. Effectiveness of Probation�Positive Factors Those invested in conventional norms are more likely to succeed. Marriage Employment Education

37. Average Annual Cost Of Correctional Options