1. Introduction to Criminal Justice
Chapter 11

2. The growth of Community Corrections
Not enough space in prisons to incarcerate all those convicted (even felonies)
Costs of incarceration have been astronomical ($25,000/yr./inmate)
More than 4 million adults on probation
One of every five on probation for a violent felony crime

3. Reintegration of the Offender into the Community
Reintegration: Achieved when the offender is no longer a danger to the community
Building ties between the offender and the community
Reintegrating offender into community life
Restoring family ties
Obtaining employment and education
Constantly balancing rights of offender vs. rights of law abiding citizens

4. Diversion From the System
Definition: Directing those offenders who qualify for jail or prison to community based and intermediate sanctions
Saves resources and prison space
Avoids labeling minor offender as “criminal”
Only most serious offenders are incarcerated

5. Question??? Should we be attempting to keep people out of prison?
Or should we just continue to build more prisons and incarcerate more people?

6. Probation– Most Common Form of Punishment in U.S.
More humane and less costly than imprisonment
Offender remains in community under supervision of probation officer
Must abide by rules or “conditions of probation”
If conditions are violated, can be revoked and sentenced to jail or prison

7. Types of Alternative Sanctions
Suspended sentence: Offender is convicted and sentenced, but is not ordered to begin serving the term immediately
No conditions or supervision requirements are placed on offender
He may remain living in community
Judges keeps open option of revoking suspended sentence and ordering offender to prison, if circumstances require due to behavior

8. Types of Alternative Sentences
Split sentence probation: offender is sentenced to specific amount of time in prison or jail followed by probation (nearly 30% of felons)
Shock incarceration: offender sentenced to prison with understanding he may petition court to be released early on probation (not much shock)
Intermittent confinement: spends a certain amount of time each week in jail (usually weekends)

9. Most Likely to be Denied Probation:
If convicted on multiple charges
Were on probation or parole at time of arrest
Have two or more prior convictions
Are addicted to narcotics
Seriously injured the victim
Used a weapon
Most important factor– seriousness of the offense

10. Conditions of Probation
Ordered by the judge, recommended by the probation officer
If not followed, probation may be revoked
Serve dual purposes of probation:
Rehabilitation of offender
Protection of community
Often involve probationer giving up some constitutional rights (home searches)

11. Types of Conditions
Standard conditions: For all probationers, include:
Reporting (personal and in writing)
Not traveling without permission
Remaining employed
Reporting changes of address
Not possess a firearm (felons)

12. Special Conditions Drug or alcohol testing and treatment (most common)
Mental health treatment
Anger management treatment
Attendance in school or training
Not to engage in certain employment
No gang affiliation
No gambling

13. Punitive Sanctions Fine Community service Restitution Home confinement
Community correctional facility

14. Role of Probation Officer
Performs presentence investigation reports (PSIR’s) for the court to assist in sentencing
Supervises offenders in community on probation, parole or supervised release
Officer of the court
Helper, counselor, service broker
Important to establish trusting relationship
Must exercise authority if violations occur

15. Violations of Probation
Technical violation: although not a criminal act, a condition of probation is not complied with
“Judgment call” for probation officer as to whether to request revocation
Often will seek revocation if offender represents threat to the community
Law violation: a new criminal act committed by a person on probation or parole

16. Revocations of Probation
Recent trend since 2004 for a larger number of revocations
Probationer have only “conditional liberty” – depends on their compliance with restrictions

17. Due Process Rights of Probation Violators
Right to counsel during any revocation proceeding (Mempa v Rhay)
Does not have usual rights under Miranda
Right to a 3-stage process in revocation– (Morrissey v. Brewer; Gagnon v. Scarpelli)
Preliminary hearing—Before neutral person to determine if probable cause
Revocation hearing– Probation officer presents evidence of violations; offender may present his own case as well

18. Due Process Rights of Probation Violators
Revocation sentencing (Disposition)– If court finds a violation, must decide whether to impose imprisonment

19. Issues
Should probation officers exercise discretion and “give probationers a break” on some minor violations, or should all violations result in some type of revocation or sanction?
What is the most important role of the probation officer? Helper or law enforcement official?

20. Effectiveness of Probation-- Challenges
Huge caseloads limit effectiveness of officers to provide full services
“Helper role” is first to be abandoned
Average caseload of 175 nationwide
Also difficult to adequately monitor compliance and enforce conditions

21. Effectiveness of Probation
Majority of probationers successfully complete their terms
Fewer persons were re-arrested who were granted probation than of those who were incarcerated (skewed)
Need more long-term studies, 3, 5, 10 years out
Persons on probation commit a larger number of subsequent crimes than controls

22. Intermediate Sanctions
Court has need for more sentencing options between probation and imprisonment
To better address the diversity of crime and criminals
Can match the punishment and treatment of the individual offender with a corrections program
A number of different, innovative programs proliferated in last 15 years

23. Intermediate Sanctions
Forfeiture: Process whereby the government seizes property used for or gained from criminal activity
Judge can order seizure of vehicles used in cocaine distribution
Pretrial diversion: Alternative to trial, offered by judge or prosecutor, whereby defendant participates in a program in exchange for dismissal of charge
Day reporting centers: Offender is allowed to remain in community, but must spend all or most of each day in reporting center

24. Intermediate Sanctions
Shock incarceration: Is no longer used as first intended– Has lost its “punch”
Idea is that offender will be so repulsed by prison, he will avoid future crime as to not re-enter custody (Surprised by release)
Idea came from old “Scared Straight” program in the 1970’s
Little lasting impact on recidivism

25. Intermediate Sanctions
Home confinement: offenders serve their terms of incarceration in their homes
Used by totalitarian regimes for years for political prisoners
Now more practical, as we can accurately monitor compliance electronically
Has assisted in removing some offenders from overcrowded jails

26. Home Confinement Includes:
Home detention– at home except for employment, education, treatment
Home incarceration– locked down in home, except for medical emergencies
Curfew– home during specific hours

27. Home Confinement Serves Several Goals of Intermediate Sanctions:
Protects the community
Save public funds and space in prisons
Meets the public expectations for just punishments
Recognizes the advantages of keeping the offender in the community (family ties, employment, pays taxes)

28. Question???
Is home confinement adequate punishment?
Too comfortable?

29. Electronic Monitoring
Definition: offenders’ whereabouts are kept under surveillance by electronic devices, often used in conjunction with home confinement
Programmed contact: Offender is contacted periodically by telephone or beeper to verify his whereabouts, usually through voice or visual identification

30. Electronic Monitoring
Continuous signaling: a device worn on the ankle or wrist sends out continuous signals to a receiver-dialer located at the offender’s home. If the receiver does not get a signal, it informs a central computer and the probation officer is notified. (most popular format)
Satellite tracking (GPS): a satellite monitors the offenders’ movements and notifies the computer if he violates authorized boundaries

31. Are We “Widening the Net?”
Concern by some that we are imposing intermediate sanctions on people who would previously have only received straight probation
Not really reducing the jail or prison population
Increases rather than decreases the amount of control the state exerts over individuals
Also “strengthens” the net by increasing government’s power to intervene in lives of citizens

32. Drug Courts
Offenders charged with drug possession given option of participating in a court program requiring treatment and testing
If they complete the program, charges are dropped**
Diverts non-violent, drug dependent offenders from the system
Judge remains very active in case from start to finish
Recidivism rates have been lower than non-participants (skewed)