Probation and Community Corrections

1. Probation and Community Corrections Mr. Concannon Smith

2. Justification for Community Corrections • Reintegration • Studies show higher recidivism rates for offenders who are subjected to prison culture • Reintegration has a strong theoretical basis in rehabilitative theories of punishment • An offender is generally considered to be “rehabilitated” when he or she no longer represents a threat to other members of the community • Decided through dangerousness hearings • The offender is then believed to be fit to live in the community • Reintegration = process through which corrections officials provide offender with incentives to follow the rules of society

3. Diversion • Less serious offenders are diverted from incarceration • Community-based corrections divert criminals to alternative modes of punishment • Idea: scarce incarceration resources are consumed by only the most dangerous criminals • Only the most serious offenders are sent to prison (theoretically)

5. “Low Cost” Alternative • Even political opponents have embraced such programs to keep nonviolent offenders out of prison because of cost • Money talks!—the high cost of incarceration has placed a great deal of pressure on correctional budgets to pursue less expensive measures • Example: $35,000 per year avg. (national figure) and $46,000 for state inmate in MA • compared to $1,250 for a probationer.

6. What is Probation Mr. Concannon Smith

7. Probation:Doing time in the Community • Probation is a criminal sanction in which a convict is allowed to remain in the community (under strict restraints) • Probation is the most common form of punishment in the United States • It is administered differently in various jurisdictions • The theory behind probation is that certain offenders having been found guilty of a crime, can be more economically and humanely treated by placing them under controls while still allowing them to live in the community

8. Sentencing Choices & Probation • Probation is basically an “arrangement” between sentencing authorities and the offender • Traditional probation • the offender agrees to comply with certain terms of a specified amount of time in return for serving the sentence in the community • Primary benefit • besides not going to prison, the length of the probationary period is usually considerably shorter than the length of a prison term

9. Alternative Sentencing Arrangements • Split sentences (shock probation) – the offender is sentenced to a specific amount of time in prison or jail to be followed by a period of probation • Shock incarceration – an offender is sentenced to prison or jail with the understanding that after a period of time, he or she may petition the court to be released on probation • Intermittent incarceration – the offender spends a specified amount of time each week, usually during the weekend, inprison or jail. • Suspended Sentence- convicted and sentenced but not required to serve unless they “reoffend.”

10. Eligibility and Conditions Mr. Concannon Smith

11. Eligibility for Probation • Not every offender is eligible for probation • Offenders are most likely to be denied probation if they: • Were 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 during the commission of the crime

12. Conditions of Probation • Judge can set conditions of probation • Conditions represent a “contract” between the judge and the offender, in which the offender agrees that if he or she does not follow certain rules, the probation may be revoked • Probation officers usually recommend conditions of probation, but judges also have the power to set any terms they believe to be necessary • Judges operate under guiding principles for their discretion in setting conditions of probation • Conditions must be related to the dual purposes of probation • Rehabilitation of the probationer • Protection of the community • Conditions must not violate the United States Constitution

13. Three Types of Conditions • In general, conditions placed on a probationer fall into three categories • Standard conditions: imposed on all probationers (includes reporting regularly to probation officer, maintaining employment, etc.) • Punitive conditions: reflect the seriousness of the offense (fines, community service, drug testing, home confinement) • Treatment conditions: imposed to reverse patterns of self destructive behavior (drug/alcohol treatment) • Failure to comply with conditions may result in revocation of probation!

17. http://www.youtube.com/watch?v=UFP5qMW803A#t=18

18. The Probation Officer Mr. Concannon Smith

19. The Probation Officer • Probation officer has two basic roles • Investigative—conducting the presentence investigation • Supervisory—begins as soon as the offender has been sentenced to probation • The goals of supervision • Supervisory policies vary and are often a reflection of whether the authority to administer probations services is decentralized or centralized • The probation officer establishes a relationship with the offender • Relationship is based on the mutual goals of both parties • Focus is on the successful completion of the probationary period

20. The Use of Authority • The ideal probation officer-offender relationship is based on trust • In reality trust does not exist • Truthful relationship is marred, as one self-reported wrongdoing can be used to revoke probation • In the absence of trust, most officers rely on their authority to guide an offender successfully through the sentence • An officer’s authority is based not only on her or his power to revoke probation, but also on a number of lesser sanctions • To be successful, a probation officer must establish this authority early in the relationship

21. The Caseload Dilemma • Excessive caseloads are a threat to balancing successful probation approaches • A caseload is the number of clients that a probation officer supervises at any one time • Heavy caseloads make it nearly impossible to rigorously enforce probation conditions on clients which in turn undermines supervision

25. Revocation of Probation Mr. Concannon Smith

26. Probation Ends in Two Ways • Probationer successfully fulfills the conditions of the sentence • Probationer misbehaves and probation is revoked • Decision to revoke after a technical violation is often a judgment call by the probation officer • Can be focus of controversy and is

27. Revocation Trends • In the past technical violations almost always led to revocation • Ex: failing to report change of address, or testing positive for drug use (marijuana) • Today, most probation officers will take that step only if they believe the technical violation in question represented a serious danger to themselves or the community • Today 63 percent complete their terms without revocation

28. The Revocation Process • SCOTUS has established a three-stage procedure by which the “limited” due process rights of probationers must be protected in potential revocation situations • The preliminary hearing • Appearance before a judge, facts presented, and probable cause for revocation determined • The revocation hearing • Probation agency presents evidence of violation • probationer can attempt to refute the evidence, have the right to know the charges against them, they can testify on their own behalf and have witnesses in their favor • Revocation sentencing • Judge decides on incarceration or stricter probation

29. Homework Find a probation revocation in the news • summarize the case details • weigh in on whether or not you think the right call was made and why • (should be approximately one TYPED page)

33. Intermediate Sanctions Mr. Concannon Smith

34. Intermediate Sanctions • a number of additional sentencing options for those wrongdoers who require stricter supervision than reg. probation, but for whom imprisonment would be counterproductive.

35. Judicial Discretion • Besides imprisonment and probation, a judge has five options • Fines • Community service • Restitution • Forfeiture • Pretrial diversion programs

36. Forfeiture • In 1970, Congress passed the Racketeer Influence and Corrupt Organization (RICO) Act • to prevent the use of legitimate business enterprises as shields for organized crime (can apply to individuals) • Forfeiture refers to a process by which the government seizes property gained from or used in criminal activity • Example: if a person is convicted for smuggling cocaine into the U.S. from South America, a judge can order the seizure of not just the drugs but the speedboat used to deliver the drugs.

37. Pretrial Diversion Programs • Programs represent an “interruption” of the criminal proceedings • reserved for young or first-time offenders who have been arrested on charges of illegal drug use, child or spousal abuse, or sexual misconduct • Usually include extensive counseling, often in a treatment center • If the offender successfully follows the conditions of the program, the criminal charges are dropped

38. Drug Courts • Fastest growing form of pretrial diversion in the country • Offender is given the opportunity to participate in the drug court program or to continue on with the standard court process • Those in drug court are supervised by a judge while they complete a mixture of treatment and sanctions designed to cure their drug addiction • When offenders successfully complete the program, drug court rewards them by dropping all of the criminal charges against them

39. Intermediate Sanctions Continued Mr. Concannon Smith

40. Day Reporting Centers • Mainly tools to reduce jail and prison overcrowding • Offenders are allowed to remain in the community • Offenders must spend all or part of each day at a reporting enter • To a certain extent, represents an extreme form of supervision • Serve as instruments of rehabilitation • Centers often feature treatment programs for drug and alcohol abusers • May also provide counseling for a number of psychological problems

41. Intensive Supervision • Offers a more restrictive alternative to regular probation with higher levels of face-to–face contact between offenders and officers, drug testing, and electronic surveillance • Has two primary functions • To divert offenders from overcrowded prisons or jails • To place these offenders under higher levels of control

42. Shock Incarceration • “Scared straight” programs were used by some jurisdictions with the express purpose of deterring further criminal activity by juveniles and first-time offenders • Critics contended that they have no discernible effects on recidivism rates • Boot camps are another form of shock incarceration that are designed to instill self-respect and self-discipline in the offender

45. https://www.ncjrs.gov/pdffiles/mse.pdf • Before you read this report answer the following: Do you agree with shock incarceration? Be thorough! • Read the report and then answer the following: • Did your opinions change based on what you read? Why or why not? • Use evidence from the report to support your opinions.

46. Corruption Leads to Modernization Mr. Concannon Smith

47. History of American Policing • In the early days police services had little to do with crime control • Instead they were • directed toward controlling certain groups of people (slaves and Native Americans) • delivering goods • regulating activities • maintaining health and sanitation • controlling gambling and vice • managing livestock and other animals • These police services were performed mostly by volunteers

48. Early Am. Police Experience • Policing in the United States and in England evolved along similar lines • Law enforcement following the American Revolution mirrored the English system • Constables and night watchmen were taken from ranks of ordinary citizens • In some states this was mandatory and fines were set for nonconformists • Governor hired a sheriff in each county to oversee formal aspects of law enforcement

49. Earliest Departments • Boston in 1801 through formalizing of a night watch • Night watchmen were paid $.50/night for their duties • For the following 3 decades no city went further than to establish the watch system • In 1833, Philadelphia employed both day and night watchmen through “reactive patrol units.” • Five years later, Boston formed the first organized police department • six full-time officers • modeled after the London Metropolitan Police • In 1844, New York City set the foundation for the modern police department…combined day and night watches a single police chief