Introduction to Criminal Justice Chapter 11

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

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

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

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

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

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

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)

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

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)

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)

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

Punitive Sanctions Fine Community service Restitution Home confinement Community correctional facility

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

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

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

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

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

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?

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

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

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

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

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

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

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

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)

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

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

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

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

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)