1. Chapter 12 Community Corrections

2. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-2 Chapter Objectives After completing this chapter, you should be able to do the following:  Define community corrections and identify the goals and responsibilities of community corrections agencies and their staffs.  Define probation and summarize the research findings on recidivism rates.  Distinguish parole from probation.  Explain the functions of a parole board.

3. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-3 Chapter Objectives  Describe how intermediate sanctions differ from traditional community corrections programs.  Explain two major concerns about intensive-supervision probation and parole (ISP).  Explain what day reporting centers and structured fines are.  Explain what home confinement and electronic monitoring are.

4. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-4 Chapter Objectives  Identify the goal of halfway houses and compare them with other community corrections programs.  Summarize the purposes and outcomes of temporary-release programs.

5. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-5 Community Corrections: Definition and Scope  Community corrections is the subfield of corrections in which offenders are supervised and provided services outside jail or prison.

6. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-6 Community Corrections: Definition and Scope  Community corrections includes the following:  Diversion  Restitution  Probation  Parole  Halfway houses  Provisions for temporary release from prison

7. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-7 Community Corrections: Definition and Scope  Community corrections is a generic term.  Community-run programs are controlled by local governments.  Community-placed programs handle offenders in local agencies connected to state or federal authorities.  Community-based programs have a connection to central authority and a strong link to the surrounding community.

8. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-8 Goals and Staff Roles  Community corrections has traditionally emphasized rehabilitation as its goal.  The staff of community correctional programs have two potentially competing roles that reflect different goals:  Seeing that offenders comply with the orders of community sentences  Helping offenders identify and address their problems and needs

9. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-9 Goals and Staff Roles  In helping offenders identify and address their problems, staff do three things:  Provide services, such as counseling  Refer offenders to community agencies for help  Advocate for greater availability of services

10. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-10 Goals and Staff Roles  The dual roles of supervision and rehabilitation provide a potential conflict that some say puts undue stress on staff.  Recently, a shift away from rehabilitation has been happening, potentially decreasing staff role conflict.

11. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-11 Importance of Community Corrections  Other components of the criminal justice system depend on community corrections, because without it the courts and institutional corrections would be overwhelmed.  Note: At the end of 2011, approximately 5 million adults were on probation or parole, compared to about 2 million in jail or prison.  At the end of 2011, 1 in 50 adults in the U.S. were under community supervision.

12. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-12

13. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-13 Probation  Probation is the most frequently imposed criminal sentence in the United States.  Probation can be thought of as a type of posttrial diversion from incarceration.  Probation: a sentence in which the offender, rather than being incarcerated, is retained in the community under the supervision of a probation agency and required to abide by certain rules and conditions to avoid incarceration

14. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-14

15. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-15 Diversion  Diversion: organized, systematic efforts to remove individuals from further processing in criminal justice by placing them in alternative programs  Diversion may be pretrial or posttrial.

16. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-16 Probation  There are five types of probation:  Straight probation, with no form of incarceration  Suspended-sentence probation, in which the offender can escape imprisonment by performing well on probation  Split sentence—jail time plus probation  Shock probation—two sentences: first prison, then probation  Residential probation—e.g. halfway house

17. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-17 Probation  A probation agency has three fundamental objectives:  Assist the court in matters pertaining to sentencing  Promote community protection by supervising and monitoring the activities of persons on probation  Promote the betterment of offenders by ensuring that they receive appropriate rehabilitation services

18. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-18 Historical Context  Probation developed out of practices used under English common law:  Benefit of clergy: Accused individuals were allowed to appeal to the court for leniency in sentencing by reading from the Bible.  Judicial reprieve: A convicted offender could ask the judge to suspend the sentence on the condition that the offender display good future behavior.

19. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-19 Historical Context  The “father” of probation was John Augustus, a Boston shoemaker.  In the 1840s, Augustus stood bail for select offenders and promised to monitor their activities and report to the judge.  His actions led to the first formal probation law in 1878 in Massachusetts.

20. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-20 Administration  Probation is administered in different ways in different jurisdictions.  The federal government administers its own probation system under the Administrative Office of the Courts.  Some states administer probation at the state level, others at the local level.

21. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-21 Process and Procedures  A probation sentence can be viewed as a process with three basic stages: 1. Placement of an offender on probation by a judge 2. Supervision and service delivery for the probationer by probation officers 3. Termination of the probation

22. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-22 Placement on Probation  In deciding whether an offender should be sentenced to probation, a judge considers the following:  Statute recommendations  Structured sentencing guidelines  Recommendations from the prosecuting and defense attorneys  The offender’s freedom or detention in jail before and during trial  Presentence investigation report  Characteristics of the offender and offense

23. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-23 The Presentence Investigation  The main task of the presentence investigation (PSI) is to estimate the risk the offender presents to the community and to determine the offender’s treatment needs.

24. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-24 Presentence Investigation (PSI)  Presentence investigation: an investigation conducted by a probation agency or other designated authority at the request of a court into the past behavior, family circumstances, and personality of an adult who has been convicted of a crime, to assist the court in determining the most appropriate sentence

25. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-25 The Presentence Investigation  The PSI report serves a variety of functions:  It is useful in formulating supervision and treatment plans for probationers.  It serves as a baseline for progress reports on probationers.  It helps prison officials make decisions about an inmate.  It assists judges in making sentencing decisions.

26. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-26 The Presentence Investigation  A controversial practice involves PSIs conducted by private individuals and agencies.  Advocates say the process saves time and money.  Opponents say it can discriminate against the poor.

27. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-27 The Probation Order  It is common for adults placed on probation for misdemeanor offenses to receive one- to two-year terms.  Those convicted of felonies and sentenced to probation generally receive longer terms (for example, 5 years).

28. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-28 The Probation Order  There are two types of probation conditions:  Standard (general) conditions apply to all persons on probation.  Special conditions are imposed at the discretion of the judge and probation officials. They are designed to address the offender’s particular situation.  Probation conditions: rules that specify what an offender is and is not to do during the course of a probation sentence

29. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-29 The Probation Order  In recent years it has become increasingly common for jurisdictions to include restitution orders as part of probation.

30. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-30 Supervision and Service Delivery  Once offenders have been placed on probation, the probation agency must shift attention to supervision and service delivery.  Probationers are assigned to probation officers, based on their needs and risks.

31. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-31 Termination of Probation  The probation agency makes recommendations to the court about how probation is to be terminated.  Probationers who have generally fulfilled the conditions of their sentences are recommended for successful discharges.  Probationers who have violated the conditions of probation may be recommended for revocation.

32. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-32 Revocation  Revocation: the repeal of a probation sentence or parole, and substitution of a more restrictive sentence, because of violation of probation or parole conditions.

33. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-33 Termination of Probation  Revocation can be recommended for two general categories of violations:  Commission of new offenses  Technical violations: failure to abide by the technical rules or conditions of probation or parole (for example, not reporting regularly to the probation officer), as distinct from commission of a new criminal act  Often probation agents will give warnings or tighten probation conditions for minor crimes or technical violations.

34. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-34 Termination of Probation  The U.S. Supreme Court has held that probation revocation is a two-step process: 1. An informal, preliminary inquiry to establish probable cause that a violation has occurred 2. If probable cause is established, a formal court hearing to determine if the violation warrants revocation

35. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-35 Termination of Probation  At both stages, offenders have the right to the following:  Notice of the hearing and charges  Be present at the hearing  Present evidence and witnesses  A detached and neutral hearing body  The offender does not have an absolute right to counsel at revocation proceedings.

36. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-36 Issues in Probation  Probation is an evolving, changing field with many controversial issues, including the following:  Probation fees  Legal issues: confidentiality and privacy  Caseload and recidivism

37. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-37 Probation Fees  Currently, an emerging trend is to have probationers pay fees to help offset the cost of their supervision and treatment.  Advocates point to the high costs of probation, and say the majority of probationers can afford the fees.  Opponents charge the fees are unfair to the indigent, and the costs of collecting the fees can exceed the amount collected.

38. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-38 Legal Issues: Confidentiality and Privacy  Counseling is often an aspect of probation.  The U.S. Supreme Court has held that a counselor to whom a probationer has been referred can reveal information about a probationer’s illegal activities to the probation officer.

39. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-39 Legal Issues: Confidentiality and Privacy  Another issue is the conditions under which a probation officer may search a probationer’s home for evidence.  The U.S. Supreme Court has held that a search warrant based on probable cause is not required for a search of a probationer’s home.

40. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-40 Caseload and Recidivism  It is not unusual for probation officers in larger urban jurisdictions to have as many as 200 offenders in their caseloads.  Large caseloads have been criticized for contributing to recidivism.

41. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-41 Caseload and Recidivism  Large caseloads promote recidivism because of the inability of probation officers to provide sufficient supervision and services.  Smaller caseloads inflate recidivism numbers because of greater scrutiny of probationers’ activities.

42. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-42 Caseload and Recidivism  For several reasons, it is difficult to determine how effective probation is in controlling recidivism.  Deciding how to define recidivism  Accurately determining whether it is the probation experience or some additional factor that is responsible for the recidivism

43. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-43 Caseload and Recidivism  Research suggests that probation is less effective than many people would like in curtailing re-arrests of felony offenders.  Recidivism figures associated with probation do not seem substantially higher or lower than those associated with incarceration.

44. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-44 Parole  There are two basic differences between probation and parole:  Parole is not a court-imposed sentence.  Parole is used with persons leaving prison.

45. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-45 Parole  Parole: a method of prison release whereby inmates are released at the discretion of a board or other authority before having completed their entire sentences  Parole can also refer to the community supervision received upon release.

46. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-46 Parole  Parole can be divided into two components:  Parole release is the mechanism for releasing persons from prison.  Parole supervision is a community-based continuation of the prison sentence.

47. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-47 Parole  Probation and parole supervision have similar features:  Both involve specific rules and conditions that offenders must follow to avoid revocation.  Both entail providing offenders with supervision and services.

48. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-48 Parole  There are also important differences between probation and parole:  Parole rules and conditions are commonly stricter.  Officers tend to be less tolerant of violations committed by parolees.  Parolees often face greater adjustment problems.

49. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-49 Parole  There are two general types of parole:  Straight parole: Offenders are released directly into the community under supervision.  Residential parole: Offenders serve part of the parole term in a community residential facility or halfway house.

50. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-50 Parole  There are four fundamental objectives of parole:  Provide community safety  Promote offender betterment and reintegration into society  Relieve and contain prison crowding  Control the behavior of prison inmates

51. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-51

52. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-52 Historical Context  As with probation, parole emerged from earlier practices:  Tickets of leave were used in the mid-1800s in Australia and Ireland.  Inmates exhibiting good performance in prison could be granted tickets of leave, conditional on continued good behavior.

53. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-53 Administration  It is helpful to divide parole administration into two areas:  The parole board is responsible for release decisions.  The field service agency is responsible for supervision in the community.  As with probation, there are many differences between states in the way parole is administered, its organization, and it level of autonomy.

54. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-54 Process and Procedures  Besides helping establish the jurisdiction’s parole policies, the parole board is generally responsible for managing parole release processes and making decisions to terminate parole supervision.

55. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-55 The Parole Board: Release and Termination  There are two types of parole release:  Discretionary parole: A parole board has authority to release prisoners conditionally based on statutory or administrative determination of eligibility.  Mandatory parole: A parole board releases an inmate from prison conditionally after the inmate has served a specified portion of the original sentence minus any good time earned.  Currently, 13 states use discretionary parole; 16 states use mandatory parole; and 21 states use a combination.

56. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-56 The Parole Board: Release and Termination  Prior to a parole-grant hearing:  The prisoner becomes eligible for parole.  The prisoner prepares a parole plan describing where he/she plans to live and work after release.  Prison staff prepare a pre-parole report describing the inmate, his/her adjustment to prison, and his/her progress toward rehabilitation.

57. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-57 The Parole Board: Release and Termination  Increasingly, parole authorities are using parole guidelines.  Parole guidelines: structured instruments used to estimate the probability of parole recidivism and to direct the release decisions of parole boards

58. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-58 The Parole Board: Release and Termination  Parole authorities consider a variety of factors in determining whether to grant parole, particularly the following (in order of importance):  Crime severity  Crime type  Offender criminal history  Number of victims  Age of victims

59. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-59 The Parole Board: Release and Termination  The U.S. Supreme Court has held that because parole is an act of grace, a prisoner does not have the same right to due process.

60. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-60 The Parole Board: Release and Termination  Parole revocation is also the responsibility of the parole board and can occur in response to new crimes or technical violations.  As with probation, parole officers enjoy considerable discretion when deciding whether to recommend revocation for violations.

61. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-61 The Parole Board: Release and Termination  As with probation, parole revocation involves a two-stage hearing process.  Although parole authorities consider various factors, the two most important factors are:  The seriousness of the violation  The recommendation of the supervising parole officer

62. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-62 Field Services: Supervision and Service Delivery  Traditionally, most parole supervision or field service agencies were administered by parole boards.  Since the 1960s, many field service agencies have been moved under the administration of the department of corrections.

63. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-63 Field Services: Supervision and Service Delivery  Parole and probation service delivery and supervision are virtually the same.  There is one significant difference:  Parole commonly uses specialization: Offenders who pose a similar threat to public safety or who share similar treatment needs (sex offenders or substance-abusing offenders) are grouped together and assigned to the same officers.

64. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-64 Parole Issues  Since the 1970s, discretionary parole release has been among the most controversial issues in criminal justice.  Proponents argue that early release provisions are essential for controlling prisoners’ behavior and for containing institutional crowding.

65. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-65 Parole Issues  Several criticisms have been directed at parole release:  Parole undermines both retribution and deterrence.  Parole does not sufficiently guarantee public safety.  Parole is unfair because offenders who should be serving similar sentences serve vastly different prison terms (because of disparities in granting parole).

66. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-66 Parole Issues  Linking the degree of participation in prison treatment programs to the possibility of early parole amounts to subtly coercing inmates into programs that are often of questionable effectiveness.  Many jurisdictions have curtailed discretionary parole release.  Many jurisdictions have moved to determinate sentencing and increased reliance on mandatory release.  Nineteen states and the federal government have abolished early release by discretion of a parole board for all offenders.

67. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-67 Legal Issues  There are two general categories of legal issues that relate to parole:  Parolees’ civil rights.  The liabilities of parole officers.

68. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-68 Legal Issues  Individuals forfeit a number of civil rights when they are convicted of a felony.  Supporters of this practice argue that it is necessary to preserve public safety and maintain high moral standards in society.  Opponents argue that it is unfair to continue to punish people who have “paid their debts,” and that denial of civil liberties contributes to poor adjustment on parole.

69. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-69 Legal Issues  If a parolee’s actions cause harm to a victim, parole board officials and field service agents can be held liable under certain circumstances.  Three elements must be proven: 1. The existence of a legal duty owed the public 2. Evidence of a breach of the required standard of duty 3. An injury or damage to a person or group proximately caused by the breach of duty

70. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-70 Legal Issues  Tort liability applies to injuries, or damages, caused by the negligent or improper performance of ministerial functions (functions required by law that do not involve discretion), rather than discretionary functions.

71. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-71 Strained Parole Resources  Parole supervision agencies across the nation are currently attempting to manage record numbers of parolees.  An increasingly large proportion of the parolee population consists of persons who were released because of overcrowding, and not because they were judged to be good candidates for parole.

72. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-72 Strained Parole Resources  The long-term implications of this predicament are often unappreciated.  This further strains parole resources and produces further recidivism.  This exacerbates prison crowding and the tendency to rely on parole release to relive crowding.  The public and political response to high parolee recidivism is to demand a get-tough stance that culminates in large numbers of parolees in prison.  Parolee recidivism is quite high.

73. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-73 Parolee Adjustment and Recidivism  A key to successful community adjustment is reintegration.  An important part of reintegration is finding a satisfactory job and obtaining adequate subsistence funds through legal means.

74. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-74 Parolee Adjustment and Recidivism  The stigma of a prison record can result in grim employment prospects.  Yet research suggests that obtaining gainful employment improves adjustment to community life.  Sustained unemployment causes emotional distress.  Distress reduces the motivation to search for a job.

75. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-75 Intermediate Sanctions  Increases in prison, parole, and probation populations have forced community corrections to accommodate growing numbers of offenders.  The field has also seen a decline in support for rehabilitation and a growth in the trend toward intermediate sanctions.  Intermediate sanctions: sanctions that lie between traditional probation and traditional imprisonment or, alternatively, between imprisonment and traditional parole

76. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-76

77. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-77 Intensive-Supervision Probation and Parole (ISP)  One intermediate sanction is intensive-supervision probation and parole (ISP).  Intensive-supervision probation and parole: an alternative to incarceration that provides stricter conditions, closer supervision, and more treatment services than traditional probation and parole

78. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-78 Intensive-Supervision Probation and Parole (ISP)  Offenders are chosen for ISP programs:  On the basis of their risk-and-needs-assessment scores  Perhaps after violating regular probation or parole  If they are nonviolent felons

79. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-79 Intensive-Supervision Probation and Parole (ISP)  In theory, ISP programs have the following features:  Specially trained intensive-supervision officers with small caseloads  Inescapable supervision, such as multiple weekly contacts between officers and clients and frequent testing for drug use  Mandatory curfews  Mandatory employment or restitution requirements, or both  Mandatory or voluntary participation in treatment  Supervision fees to be paid by clients

80. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-80 Intensive-Supervision Probation and Parole (ISP)  ISP costs less than incarceration but more than probation or parole, so it is generally used sparingly.  Two concerns raised about ISP:  The potential for net widening  The lack of demonstrated reduction of recidivism

81. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-81 Net Widening  Net widening: when the offenders placed in a novel program are not the offenders for whom the program was designed  Those in the program receive more severe sanctions than they would have received had the new program remained unavailable.

82. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-82 Intensive-Supervision Probation and Parole (ISP)  ISP was introduced with much optimism in the early 1980s.  The early optimism has not been sustained.  ISP may raise awareness of technical violations, which can lead to more offenders being incarcerated.

83. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-83 Day Reporting Centers  A relatively new facet of the intermediate-sanction movement is day reporting centers.  Day reporting centers: facilities that are designed for offenders who would otherwise be in prison or jail and that require offenders to report regularly to confer with staff about supervision and treatment matters

84. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-84

85. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-85 Structured Fines, or Day Fines  Another relatively new intermediate sanction is structured fines or day fines.  Structured fines, or day fines: fines that are based on defendants’ ability to pay

86. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-86 Structured Fines, or Day Fines  The basic premise of structured fines is that punishment by a fine should be proportionate to the seriousness of the offense and should have a roughly similar impact on persons with differing financial resources who are convicted of the same offense.

87. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-87 Structured Fines, or Day Fines  Among the presumed advantages of structured-fine or day-fine programs:  Offender accountability  Deterrence  Fairness  Effective and efficient use of limited system resources  Revenue  Credibility for the court

88. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-88 Structured Fines, or Day Fines  Among the problems with structured-fine or day-fine programs:  Collection problems  The effect of other monetary penalties  Other monetary penalties added to a structured fine may exceed the ability of poorer defendants to pay.

89. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-89 Home Confinement and Electronic Monitoring  Home confinement is also known as home incarceration, home detention, and house arrest.  Home confinement is usually considered more punitive than ISP but is often used in conjunction with ISP.

90. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-90 Home Confinement and Electronic Monitoring  Home confinement programs did not gain wide popularity until electronic monitoring equipment became readily available in the 1980s.  Electronic monitoring: an arrangement that allows an offender’s whereabouts to be gauged through the use of computer technology  Supporters say that house arrest and monitoring is a cost effective alternative to incarceration that spares inmates the harmful effects of institutionalization.

91. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-91 Home Confinement and Electronic Monitoring  Criticisms:  The practice encroaches on the civil rights of the offender and other people in the residence. It discriminates against the poor.  The battle to find a tamper-proof monitoring device is costly for taxpayers and offenders.  Monitoring is impersonal and removes the human and helping elements from community corrections.

92. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-92 Halfway Houses  The goal of halfway houses is to provide offenders with a temporary period of highly structured and supportive living so that the offenders will be better prepared to function independently in the community upon discharge.

93. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-93 Procedures  Halfway house programming involves five basic procedures:  Referral by a correctional institution, a court, or a probation or parole agency  Administrative screening to decide whether to accept the offender into the program  Intake and orientation—assessing the new resident’s risks and needs as well as orienting him or her to the rules, expectations, and routines of the program  Program participation, often including progressing through a series of levels, and receiving treatment, counseling, training, etc.  Termination of the stay after satisfactory completion of all the required levels, or upon excessive rule violations

94. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-94 Issues  Several issues surround the use of halfway houses, particularly these:  The relations between a halfway house and the local community  Recidivism among persons who have been discharged from the house

95. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-95 Temporary-Release Programs  Temporary-release programs are designed to permit inmates to establish or maintain community ties, thereby gradually preparing them for reentry into society.  Temporary-release programs: programs that allow jail or prison inmates to leave the facility for short periods to participate in approved community activities

96. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-96 Temporary-Release Programs  Three of the most common temporary-release programs:  Work release: Inmates leave for work each day, although usually for low-paying jobs.  Study release: Inmates leave to participate in high school equivalency classes, vocational training, or college coursework.  Furlough: Inmates are granted leaves of absence from the facility for brief periods to accomplish specific things, such as attend funerals or search for housing or employment just before release.

97. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 12-97 Temporary-Release Programs  The vast majority of inmates neither flee nor commit serious crimes while on leave from the facility.  Furloughs and halfway houses dramatically reduce the risk to public safety after an inmate’s release.