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Chapter 12 Probation and Community Corrections. Learning Outcomes. LO1: Explain the justifications for community-based corrections programs. LO2: Describe the three general categories of conditions placed on a probationer. LO3: Explain the three stages of probation revocation.
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Chapter 12 Probation and Community Corrections
Learning Outcomes LO1: Explain the justifications for community-based corrections programs. LO2: Describe the three general categories of conditions placed on a probationer. LO3: Explain the three stages of probation revocation. LO4: List the five sentencing options for a judge besides imprisonment and probation. LO5: List the three levels of home monitoring.
Explain the justifications for community-based corrections programs.
Learning Outcome 1 Reintegration • Preparing offenders to return to the community unmarred by further criminal behavior. Diversion • Diverting those who qualify away from prison and jail and toward community-based intermediate sanctions. The Low-Cost Alternative • The high cost of incarceration is a strong motivator for some to support community-based corrections.
Learning Outcome 1 Probation • Most common form of punishment in the U.S. • Theory – some offenders can be treated more economically and humanely while living in the community.
Learning Outcome 1 Sentencing choices and probation: • Suspended sentences • Alternative sentencing choices • Split sentences • Shock incarceration • Intermittent incarceration
Learning Outcome 1 Offenders are most likely denied probation if they: • Are convicted on multiple charges • Were on probation or parole at the time of arrest • Have two or more prior convictions • Are addicted to narcotics • Seriously injured the victim of the crime • Used a weapon in the commission of the crime
Describe the three general categories of conditions placed on a probationer.
Learning Outcome 2 The principles of probation include: • The rehabilitation of the offender • The protection of the community
Learning Outcome 2 Conditions of probation: • Standard conditions • Imposed on all probationers • Punitive conditions • Designed to reflect the seriousness of the offense and increase punishment • Treatment conditions • Designed to help the offender with issues that may contribute to criminal activity
Learning Outcome 2 The supervisory role of the probation officer: • Conducting the presentence investigation • Supervising offenders as soon as they have been sentenced • The ideal relationship between probationer and probation officer is based on trust. In the absence of trust, this relationship is based on authority.
Learning Outcome 3 Revocation of probation: • Probation ends in one of two ways • the probation completes the requirements of probation • or the probationer fails to meet the requirements and probation is revoked.
Learning Outcome 3 Technical Violations: • Probation may be revoked because of a new offense, or… • Because a probationer committed a technical violation. • Technical violations do not always result in revocation. The probation officer must make a “judgment call.”
The revocation process: The preliminary hearing The revocation hearing The revocation sentencing Learning Outcome 3
Probationer Rights: Mempa v. Ray (1967) Morrisey v. Brewer (1972) Gagnon v. Scarpelli (1973) Learning Outcome 3
Learning Outcome 3 Does probation work? • The hybrid approach • The caseload dilemma • The average probation officer has a caseload of 175 clients.
List the five sentencing options for a judge besides imprisonment and probation.
Learning Outcome 4 Intermediate Sanctions: • Provide a number of additional sentencing options. • More supervision than probation, but less harsh than imprisonment.
Learning Outcome 4 Judicially Administered Intermediate Sanctions: • Fines • Community Service • Restitution • Forfeiture • Pretrial Diversion Programs
Learning Outcome 4 Day Reporting Centers: community based corrections center where offenders report daily for purposes of treatment, education, and incapacitation. Intensive Probation Supervision: a more restrictive alternative to regular probation. Typified by more supervision and smaller caseloads.
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Learning Outcome 4 Shock Incarceration: judges sentence an individual to a period of time in an institution, many of which resemble an army boot camp. Home Confinement and Electronic Monitoring: offenders are required to spend extended periods of time confined to their homes, sometimes administered in conjunction with electronic monitoring.
Learning Outcome 5 Levels of Home Monitoring: • Curfew • Home detention • Home incarceration Types of Electronic Monitoring: • Programmed contact • Continuously signaling
Learning Outcome 5 Net Widening: • As more and more alternatives to incarceration are used, the criminal justice system can expand the number of people that can come under its supervision.
Learning Outcome 5 The Paradox: • The more effectively offenders are controlled, the more likely they are to be caught violating the terms of their conditional release
Learning Outcome 5 The Quicksand Effect: • Instead of helping offenders leave the corrections system, increased surveillance pulls them more deeply into it.