4
Probation Chapter & Intermediate Sanctions
Introduction
Community
the 1960s
Corrections were developed in
Criminal sanctions that involve community supervision or offenders, use correctional and program resources available in the community, and require offenders to abide by specified conditions
There
gained prominence as an adaptation of the rehabilitation model. Lately, as our system has become more retributive with the goals of public safety and punishment increasing, the goals of rehabilitation and reintegration have declined.
Modern Probation Operations
Probation
a
suspended prison sentence on the condition that offender follows certain rules and does not commit further crimes
Probation
is administered at federal, state, and local levels by more than 2,000 separate agencies
Supervision
Duel
roles of probation officers:
Maintain
surveillance, enforce conditions of probation Help offenders succeed by determining program or treatment needs
Casework
style
assisting offenders
emphasizes
Surveillance
emphasizes
style
monitoring and enforcing
compliance
Supervision
Regular
for for
caseloads caseloads
standard probationers high-risk offenders
Intensive-supervision Special
caseloads
probationers
with a specific problem(s) (e.g., mental illness, sex offenders, substance abusers)
Conditions of Probation
Standard
conditions must be followed by every probationer; examples include
Report
to probation officer Not leave the jurisdiction without permission Maintain employment Avoid association with other criminals Shall not commit any crimes
Special
conditions tailored to meet needs of offender; examples include:
Attend
substance abuse counseling Submit to random drug testing Participate in vocational training Avoid a particular person or group Mental health counseling
Revocation of Probation
Probation
failing
may be revoked for either:
to meet conditions that are not against the law a new crime
Technical Violations New-Crime Violations
committing
If
there is a finding of a violation, the court has three options:
Reprimand and restore to supervision Add conditions and restore probation Revoke and order incarceration under original sentence
Issues Regarding Probation
Effectiveness
Results have been mixed, with rearrest rates from 12% to 65%) Probation without adequate surveillance and treatment is not effective Less expensive than other sanctions
A
Changing Style of Supervision
Due to public dissatisfaction, there has been a shift from casework style to surveillance style "Broken Windows" probation
Probation
Classification System
Community Classification Systems
Intermediate Sanctions
Midrange
dispositions that fall between probation and imprisonment Driven by a dissatisfaction with regular probation, prison overcrowding, and tightening budgets.
Types of Intermediate Sanctions
Economic
Fines
Offender
Sanctions
restitution, victim compensation, community service, and cost of supervision
Asset
Forfeiture
RICO
Intensive
Intent
Supervision Probation (ISP)
is to identify offenders who need more supervision than regular probation, but don't need prison
Types of Intermediate Sanctions
House
Arrest
Monitoring
Electronic
Community
Halfway
Residential Centers
Houses
Split-Sentences Shock
Boot
Incarceration
Camp
Shock
Probation
Effectiveness of Intermediate Sanctions
Goals
of intermediate sanctions
be used to divert offenders from
Widening
Should
prison
Net
the overlapping of criminal sanctions and added supervision for community-placed offenders, rather than diversion from prison
Should
reduce cost of corrections Should reduce level of recidivism