1. Chapter 9 Nonresidential Intermediate Sanctions

2. Intensive Supervision Probation is an enhanced form of probation, and includes: Closer surveillance More conditions More exposure to treatment ISP attempts to: Use prison diversion to relieve prison overcrowding and the costs of incarceration Increase public safety Impose punishment that is less severe than imprisonment but more severe than regular probation

3. ISP was originally designed for high-risk, high-need offenders who were eligible for prison, but today most programs are considered “probation or parole enhancements” ISP caseloads are generally smaller than regular caseloads, providing increased surveillance and control, although not lower recidivism

4. ISP programs are very popular due to the surveillance orientation and the public’s preference that community penalties be demanding Critics of ISP point to “net-widening” and the lack of a restorative justice philosophy, making victim needs secondary to the offender

5. Evaluation of ISP programs considered: Reduction of prison beds Treatment participation Cost-benefits analysis The conclusion following evaluation was: Without treatment intervention, ISP does not provide cost savings or decrease the number of prison beds Technical violation rates are high and result in an increase in the number of jail and prison commitments

6. House Arrest confines pretrial detainees or convicted offenders to their homes when they are not at work, attending treatment or visiting their probation officer House arrest is often a condition of ISP or combined with electronic monitoring The concept goes back to Galileo in the 1500s and has been popular in the U.S. since the 1980s

7. House arrest is criticized because: It does not seem to be a punishment It may be overly intrusive for pretrial detainees Offenders can still commit crimes from their homes Domestic violence incidents may occur Offenders on house arrest are twice as likely as regular parolees to be revoked for a technical violation

8. Electronic Monitoring is used in ISP, specialized caseloads day reporting centers, house arrest and pretrial defendants and is a technological means of assuring certain conditions are me EM was developed in the 1960s during the deinstitutionalization movement of the mentally ill

9. Problems with early EM programs included: The requirement of a land line telephone and the financial ability to afford a monthly fee The land line phone was only able to track an offender within a certain number of feet No guarantee that the correct person was being monitored Technical and electrical problems caused problems

10. Remote Location Monitoring systems utilize a special pager to periodically or continuously monitor the offender throughout the day and/or night Some remote location systems provide monitoring by officers with portable handheld receivers

11. Global Positioning Systems use military satellites to pinpoint locations anywhere in the world using data coordinates GPS systems allow the probation officer to program specific exclusion and inclusion zones Drawbacks to GPS include loss of signal, short battery lives and cost

12. Of the approximate 150,000 offenders nationwide on electronic monitoring, only about 1200 were on GPS The cost effectiveness of EM has mixed reviews Critics of EM cite net widening and ethical concerns that private companies are profiting

13. Offenders monitored by EM expressed: Preference for EM over jail Limitations on doing things spontaneously Loss of control over their freedom Shame from the sanction Family problems from constantly being at home Over half of New Yorkers surveyed approved use of EM after an offender had served time, but less than 1/3 approved EM in lieu of incarceration

14. Evaluations found that EM makes a difference in how offenders act while under supervision The impact on long term recidivism rates for offenders on EM remains unclear Completion rates for EM participants were uniformly higher during the EM period and for the entire term of supervision

15. Day Reporting Centers are used for pretrial releasees, convicted offenders on probation or parole, or as an increased sanction for violators DRCs combine all resources and educational programs into a “one stop shop” DRCs began in England and Wales in the 1970s and appeared in the U.S. in 1985

16. The purposes of DRCs are to: Save space in jail and prison Provide a close level of community supervision Provide offenders with access to services and treatment programs DRCs measure effectiveness using completion rates, rearrest rates and predictions of program failure

17. Economic and Restorative Justice Reparations

18. Community justice is a philosophy of using the community to control and reduce crime and to rebuild community relationships through community policing, community courts and restorative justice Restorative justice is a sentencing philosophy that emphasizes the offender taking responsibility to repair the harm done to the victim and the surrounding community

19. RJ is community-based and combines mainstream American criminal justice with indigenous justice practiced by Native Americans RJ focuses on the victim, the offender and the community, rather than just punishing the offender RJ uses reintegrative shaming rather than disintegrative stigmatization

20. Victim-offender mediation Reparation boards Family group conferencing Circle sentencing All forms of RJ take place post conviction in the sentencing phase

21. Measures of RJ include: Satisfaction with the outcome/process Payment of restitution Cost savings Recidivism rate

22. Problems with RJ are: The involvement of community members who may place blame on the victim Some victim’s groups find RJ still focused on offenders Some criticize RJ for its emphasis on reintegrative shaming, rather than retribution and stigmatization

23. CH. 11 Prisoner Reentry

24. 95% of all prisoners will one day be released from prison, most on either mandatory supervision or discretionary parole release Reentry means the process of preparing for release from prison and the release into the community itself while remaining under supervision

25. About 600,000 prisoners are released from state and federal prisons every year Unconditional releases, receiving no supervision because they have served their full sentence, account for 20% Parole is the conditional release of an offender, under continued custody, to serve the remainder of the sentence under supervision

26. Mandatory release (postrelease supervision) is granted automatically at the expiration of time served plus good time credit and is established by law Discretionary release is determined by members of a parole board who decide that a prisoner has earned the privilege of release while remaining under supervision in the community

27. Parole is derived from the French parole d’honneur, meaning “word of honor” Parole originated almost simultaneously in Europe with: Manuel Montesinos, a Spaniard, in 1835 Georg Michael Obermaier, a German, in 1842 Alexander Maconochie, an Englishman, in 1837

28. A 1597 English law provided for the transportation of English prisoners to America The king granted reprieves and stays of execution-pardons-to convicted felons who could be put to work in the colonies Upon arrival in the colonies, the services of the prisoner were sold to the highest bidder, resulting in indentured servitude

29. The Revolutionary War ended the transportation of criminals to America and resulted in same practice to Australia in 1788 In 1811, the ticket of leave was adopted to shorten the sentence The Marks System was proposed by Alexander Maconochie in 1837 The Norfolk Island penal colony was transformed by Maconochie using the Marks System as superintendent in 1840

30. The Irish System was modeled after Norfolk Island by Sir Walter Crofton in 1854, based on: Strict imprisonment Indeterminate sentence Ticket-of-leave Prisoners released under the Irish System were supervised by police in rural areas and an inspector in Dublin

31. Parole was first tried in the U.S. at the New York Elmira Reformatory in 1876 Four concepts justified parole in the U.S.: Reduction in the length of incarceration as a reward for good conduct Supervision of the parolee Imposition of the indeterminate sentence Reduction in the rising cost of incarceration

32. From Discretionary Parole to Mandatory Release In 1977, about 88% of prisoners were released by a parole board By 2003, the percentage was reduced to only 24%-39% of released prisoners, while mandatory release numbers increased As of 2001, 15 states had abolished parole and another 5 abolished discretionary release

33. PAROLE TODAY! After abolishing parole boards, some states have reintroduced discretionary release to control for institutional crowding In 2005, 765,300 (347 of 100,000 population) were on parole 53% were on mandatory release 40.5% were on some form of discretionary release Less than half successfully complete their term

34. Parole is tasked primarily with protecting the public from released offenders, and accomplish this goal by: Enforcing restrictions and controls on parolees in the community Providing services that help parolees integrate into a non-criminal lifestyle Increasing the public’s level of confidence in the system

35. Parole boards have functioned in some states as the “back door” of America’s prisons Medical parole, or compassionate release, is the conditional release of prisoners with a terminal illness The optimal solution regarding the indeterminacy of sentencing and the proper role of parole is not yet at hand and will continue in the public policy debate.

36. Great work tonight class, see you all next week!