Tourniquet when an offender ignores the conditions of

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Tourniquet – when an offender ignores the conditions of the probation, increased supervision and/or sentencing – typically used for drug and alcohol offenders, or irregular job attendance e. Intensive Supervised Probation - frequently found with tourniquet sentencing, emphasized closely monitoring of convicted offenders and numerous conditions and sanctions e.i. First imposed in Georgia in 1974 e.ii. Weekly contact with probation officer e.iii. Random drug testing e.iv. Participation in employment program e.v. Financial sanctions f. Probation Revocation – when an offender repeatedly violates probation, or is arrested for a new crime f.i. Once probation has been revoked generally the offender faces a stricter sentence, such as jail 12. Gagnon v Scarpelli – the Supreme Court ruled that probation cannot be revoked without observing the elements of due process at the probation hearing a. The offender had a right to attend a probation hearing and have a lawyer present to present evidence on his behalf
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13. Risk and Needs Assessments – to help judges predict whether an offender can safely be given probation rather than imprisonment a. Judges us to determine the likelihood of future criminal activity b. Most high risk needs offenders end up in prison c. due to overcrowding felony charges are also being given probation based on Risk and Needs Assessments 14. Intermediate Sanctions – used to fill the sentencing gap between prison and probation… (there was a question about what do the critics say about sanctions, …. A. not cost effective, B. doesn’t reduce the change of future offenses… I said be, but it was a guess) a. Day fines and boot camps b. Used to give the criminal justice system more sentencing options, so punishment can be tailored to the nature of the crime and the criminal 15. Restitution – court ordered condition that requires the offender to make financial payment to the victim (or fund) in order to repair the financial, emotional or physical damage done a. Community Sanctions – which are sentences to the offender are often supervised by a probation officer, and are issued in place of probation or as a condition of probation b. Financial Sanction – known as “day fines” are a percentage of the offenders daily earnings b.i. More common in Europe and South America, gaining popularity in the US 16. Drug Court Programs – due to the increase in drug related offenses who are crowding jails, drug court programs are alternatives a. Diverting drug abusing offenders to treatment centers instead of jail b. Judges monitor their progress through status hearings 17. Electronic Monitoring – made the option of home detention more feasible, ensuring that the offender is in his household during the designated hours of confinement a.
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