Community Corrections: Probation, Intermediate Sanctions, and Restorative Justice

1. Chapter 14 Community Corrections: Probation, Intermediate Sanctions, and Restorative Justice

2. What is Probation? • The most common form of Community Based Corrections • A criminal sentence • Mandates placement of an offender in the community • Under the supervision of an agent of the court

3. History of Probation • Roots can be traced to English Common Law • John Augustus is credited with the idea of modern probation • 1878: Massachusetts authorizes a probation officer for Boston • Federal government authorizes probation in 1925

4. Philosophy of Probation • Based on the premise that the average offender is not a danger to society • Use of it eliminates the negative effects of the imprisonment process (socialization into prison life) • Gives offenders a second chance

5. Extent of Probation • Approximately 2,000 adult probation agencies in the U.S. • Just over _ are part of state government • Others are organized at the county or municipal level • Offenders on probation were convicted of: • Felonies (approximately 54%) • Misdemeanors (45%) • Others (1%)

6. How Does Probation Work? • Prison sentence is suspended • Promise of good behavior for a specified period of time (a contract between the offender and court) • Rules or conditions of probation are set • Community supervision • Probation may be revoked

7. Probation Eligibility • Eligibility determined by law; may be limited • Felons, misdemeanants and juvenile delinquents are normally eligible • Recommendation to the court from Probation Department after a presentence investigation report

8. Conditions of Probation • Standard set of conditions apply (e.g., not to move out of the jurisdiction) • Special conditions can be added (e.g., drug treatment or drug testing) • Conditions try to balance the needs of treatment & rehabilitation vs. supervision & enforcement • Can’t set capricious or cruel conditions

9. Functions of a Probation Officer • Supervise or monitor cases assigned by the court • Attempt to rehabilitate through specialized treatment techniques • Investigate lives of convicted offenders to enable the court to make intelligent sentencing decisions (presentence investigation report) • Occasionally collect fines due the court or oversee the collection of delinquent payments, such as child support • Interview complainants and defendants to determine whether criminal action should be taken, whether cases can be decided informally, and whether diversion should be advocated (typically in juvenile probation matters)

10. Presentence Investigation Report • Often mandated by law • Contents vary - social history • Assesses risk

11. Presentence Investigation Report (cont.) • Typical factors: • Age • Employment status • Drug abuse history • Prior felonies • Address changes

12. Is Probation Successful? • Probation cost about $2,000/year; incarceration costs about $20,000/year • Evidence is mixed – about 60% of probationers nationally successfully complete their probationary sentence • Recidivism - what does it mean? • Re-arrest • Reconviction • Technical violations • Serious offenders most likely to recidivate • Probation recidivism is lower than prison recidivism

13. Legal Rights of Probationers • Civil rights of probationers • Probationers don’t have all the 5th Amendment protections that others have • Probationers may lose some 4th Amendments rights regarding searches and seizures • Rights of probationers during the revocation process • Entitled to counsel in revocation-of-probation proceedings • Require a formal revocation hearing • If probation is revoked, may not be required to serve more time in prison that he or she would have if originally incarcerated

14. What’s the Future of Probation? • Flexible • Alleviates prison overcrowding • Cost effective • Allows for the imposition of probation fees

15. Fines as a Criminal Sanction • Used more often in lesser offenses or when financial profits were high • Fines may discriminate against the poor • Many fines go uncollected • Day fines are geared to an offender’s net daily income, as well as number of dependents and the seriousness of the crime in an effort to make sentences more equitable

16. Forfeiture as a Sanction • Can be used in civil & criminal cases • Seizure of goods & instrumentalities related to the commission or outcome of a criminal act • Zero tolerance • Proportionality

17. Restitution • Pay back to victims or community service • Used in 30% of probation cases; the average is $3400; 60% make full payment in 3 years • Qualified success • Widens the net of social control

18. Shock Probation & Split Sentencing • Community release after sampling prison life • Split sentence means jail term is a condition of probation • Shock probation usually involves resentencing after a short prison stay

19. Intensive Probation Goals • Diversion from prison • Maintain control of the individual • Facilitate reintegration into the community

20. Intensive Probation Supervision • Considered as probation plus • Relies on great degree of client contact by probation officer (smaller case loads) • Criteria for use vary throughout U.S. • Many systems use very specific conditions, e.g., mandatory curfew, employment, drug testing, community service, etc. • Effectiveness varies

21. House Arrest • Offender required to spend extended periods of time in one’s own home as an alternative to incarceration • Little standardization throughout U.S. in how house arrest is administered

22. Electronic Monitoring • Often used to ensure compliance with house arrest • Similar recidivism to traditional systems • Costs are lower (capital vs. labor) • Overcrowding is reduced • Issues of privacy and liberty • Compliance technologies vary

23. Residential Community Corrections • Combines reintegration & control goals • Usually involves a nonsecure building • Houses pretrial & adjudicated adults • Residents: • Work and/or • Attend school and • Participate in corrections program

24. Day Reporting Centers • A location that nonresidential clients report to on a daily basis for supervision and treatment • Often used for probation failures • Success rates vary for different kinds of clients

25. Why Use CBC? • Incarceration is more costly • No evidence incarceration rehabilitates • CBC maintains family & community ties • Broader possibilities exist to balance the severity of the crime with punishment

26. Restorative Justice • Resolution of conflict between the offender and victim should be resolved in the community • Goal is to mediate conflict • The Center for Restorative Justice and Peacemaking provides links and information on the ideals of restoration and programs based on it principles.