Unit 4 – Sentencing and Punishment Part 2

1. Standard 14: Students can describe the purposes and process of sentencing and corrections. Standard 16: Students can identify the structure of the prison system and process of parole. Standard 17: Students can propose a solution to reduce recidivism in the criminal justice system. Unit 4 – Sentencing and Punishment Part 2

2. LT 14.6 Intro to Community Corrections I can infer the justification for community based correctional programs.

3. Justifications for Community Corrections • Reintegration: • Prepare the offender to return to the community • some studies show higher recidivism rates after exposure to prison culture • Diversion: • divert lesser offenders to alternative punishments • Low Cost: • probation officer can oversee more offenders at lower cost than housing prisoners

4. LT14.7 Probation I can determine the most important problems in the community corrections system.

5. Probation • Definition: convict is allowed to remain in the community under supervision for a designated period and is subject to conditions set by the court • Most common form of punishment in the U.S.

6. Types of Probation • Suspended Sentence: • convict is not under supervision, but sentence can be imposed if further incident occurs • Split Sentence (Shock Probation): • Convict spends <90 in jail/prison or bootcamp, then probation • Intermittent Incarceration: offender does not serve jail/prison time all at once (maybe just on weekends)

7. Eligibility for Probation • Discretion of Judge • Aggravating Factors: • Multiple charges • Probation/parole at time of arrest • Prior convictions • Addiction to narcotics • Injury to victim • Use of weapon • Mitigating Factors: • Type of crime – drug offense or property crime • First time offense

8. Notebook Item 26: Shock Probation • In your opinion, what are the 2 biggest problems with shock probation. Explain your answer. • Turn back to Notebook Item 22 and add any thoughts or ideas about Shock Probation to your list.

9. LT14.8 Probation Conditions I can synthesize information about the conditions of probation to write a probation contract.

10. Conditions of Probation • Usually recommended by Probation Officer • Discretion of Judge • Must rehabilitate the probationer • Must protect the community • Must not violate the Constitution • Probationers agree to give up some rights • Ex: spot checks for drugs/weapons

11. Standard Conditions • Report regularly to probation officer • Notification of change of address • Not leaving jurisdiction without permission • Employment

12. Punitive Conditions • Definition: part of punishment • Fines • Community Service • Restitution – payment to victim • Drug testing • House Arrest

13. Treatment Conditions • Rehabilitation Programs for drug addiction • Alcoholics Anonymous meetings • Anger management classes • Example

14. LT 14.9 Intermediate Sanctions I can synthesize information about intermediate sanctions and other options for sentencing to determine a sentence for a given felony.

15. Intermediate Sanctions • Day Reporting Centers (DRCs) • Offenders spend all or part of the day under supervision • Includes rehabilitation programs • Intensive Supervision Probation (ISP) • More frequent check-ins, electronic surveillance, drug testing

16. Intermediate Sanctions – Home Confinement • Home Confinement • Curfew: in by a certain time • Home Detention: can leave for a job, school, etc • Home Incarceration : can not leave at all • Electronic Monitoring • Phone Call/page • Personal Tracking Unit (aka ankle monitor)

17. Revocation of Probation • Violation of conditions of probation could lead to revocation • Discretion of Probation Officer to seek revocation • Revocation Hearing: • evidence that conditions of probation were violated is presented • Revocation Sentencing: • Judge decides to incarcerate or reinstate probation

18. Standard 16 Standard 16: Students can identify the structure of the prison system and process of parole.

19. LT 16.1 Types of Prisons I can monitor for meaning as I learn and observe the types of prisons.

20. Types of Prison • Most states use 6 levels • Simplified into 3 levels • Maximum Security • Medium Security • Minimum Security • *Supermax Prisons

21. Maximum Security Prisons • Frequent searches • Restricted movements • Metal detectors/body scanners • Radar to scan prison grounds for buried items • 12-16 hrs out of cell • Supermax: for prisoners who commit murder behind bars • Confined to cell 22.5 hrs/day

22. Medium Security Prison • More education and rehab programs • Common areas • Prisoners have more contact with each other

23. Minimum Security Prison • AKA: White Collar Prison • No armed guards • Televisions/Computers • Often allowed off grounds for edu or job • Cells are more like a dorm or completely open

24. LT 16.2 Private Prisons I can question the ethical dilemma surrounding private prisons.

25. How do they work? • Prison company has a contract with gov • The state pays the prison $X per prisoner • Prison company makes a profit

26. Benefits • Reduces overcrowding • Less red tape • Saves tax payer money • Labor cost less • Private companies are more efficient • Cost per inmate is less

27. Arguments Against Private Prisons • Evidence of more behavior issues • Parole=less money: private prisons will be motivated to report bad behavior to keep inmates in longer • Corruption • Is privatization Constitutional?

28. ExampleVideo Notebook Item 27 Private Prisons Should the government be allowed to outsource prisons to private companies? Explain your answer giving at least 2 reasons for or against private prisons. • Notebook Item

29. LT 16.3 Parole and Release I can question an offender who is being considered for discretionary release

30. Discretionary Release • Parole: conditional release of an inmate before their sentence has expired • Remaining sentence served in community under supervision • Average felon serves only half of their sentence

31. Mandatory Release • Definition: Inmate serves their sentence minus good time

32. Parole Board 4 Basic Decisions • Which offenders go on parole • Conditions of parole • When the conditions of parole have been met, discharge the offender • When violation occurs, what actions to take

33. Parole Grant Hearing • Board includes 5-6 members • Review case before hearing • May interview offender and contact key people in case • Grant or deny parole

34. Parole Process • Conditions of Parole • Limited rights • Report to Parole officer • Parole Revocation for violation

35. Sex Offenders

36. Sex Offender Notification Laws • Local laws that require authorities to notify the public when a sex offender has been released into their community. • Active Notification: bulletins, posters, etc • Passive Notification: info is available to public such as a website

37. Conditions of Release • No contact with children • Psychiatric treatment • Permission from parole officer to move • Remain a certain distance from schools/ parks with children • Cannot buy kids’ toys • Cannot participate in activities that involve children • Can not social network • MUST REGISTER WITH AUTHORITIES

38. Controversy with Notification Laws Constitutional Violations? • Innocent until proven guilty’ • Punishing BEFORE they commit the crime • Violation of Privacy • Broadcast past crimes to community

39. Controversy with Notification Laws Juvenile Offenders Sex offender label is permanent Must register as a sex offender forever This could be a very minor offense such as statutory rape

40. Recidivism Tracker