Probation Supervision and Information Gathering Presentence Reports.

Probation Supervision and Probation Supervision and Information GatheringInformation Gathering

Presentence Reports

SentencingSentencing

Sentencing plays a key role in determining CBC duties and resource allocation.

Resources, like any business:– Time– Money– Manpower

SentencingSentencing

Probation and Parole Officers are often key players in the sentencing process.– Presentence Report, Recommendation

Sentencing Guideline Preparation– Probation Violation Reports, Recommendations– Parole Violation Reports, Recommendation

SentencingSentencing

In sentencing, the judge needs to know who and what you are dealing with.– First time offender, or career criminal?– History of substance abuse?– History of domestic or other violence?– Leader in crime? – Criminal audacity?– Extent of damage or loss to victim(s)?

The Presentence ReportThe Presentence Report

Purpose:

Presentence ReportPresentence Report

What sources provide offender information?

How is the information obtained?

PSR Investigation AreasPSR Investigation Areas

Family Schools Military Leisure Activities Health

– SA History

Religious Background Employment Financial Status Criminal History Present Offense

InvestigationInvestigation

Family:

InvestigationInvestigation

Schools

InvestigationInvestigation

Military

InvestigationInvestigation

Leisure Activities

InvestigationInvestigation

Religious Background

InvestigationInvestigation

Health

InvestigationInvestigation

Employment

InvestigationInvestigation

Financial Status

InvestigationInvestigation

Criminal History

InvestigationInvestigation

Present Offense

InvestigationInvestigation

Community Resources To Aid Supervision

InvestigationInvestigation

Summary and Recommendation

InvestigationInvestigation

Who uses presentence report information?

Who Uses PSRs?Who Uses PSRs?

Judges Prosecutors Defense Attorneys Probation Officer TX Programs

Prisons and Jails Parole Board Parole Officer TX Programs Police

InvestigationInvestigation

Why do we do these investigations?

• Primarily: Public Safety

• Also: Facilitate Fairness and Justice

SentencingSentencing

Do PO recommendations have any influence in criminal sentencing?

Judges Sentencing Judges Sentencing ConsiderationsConsiderations

Current Offense Confinement Status Prior Criminal Record Number of Arrests Longest Residence

Longest Employment Months Employed Occupation Military History Income

Judges Sentencing Judges Sentencing ConsiderationsConsiderations

What three factors do judges most heavily consider in sentencing?

Sentencing Reforms Sentencing Reforms

Sentencing GuidelinesTruth In SentencingPeer CourtsDrug CourtsMental Health CourtsMore

Systems TheorySystems Theory

External Influences Affect The CJ system. Technology

Politics Fiscal Restraints

Legal Changes Public Sentiment

Probation SupervisionProbation Supervision

Probation SupervisionProbation Supervision

Probation supervision serves both control and reform objectives.

Probation SupervisionProbation Supervision

Recall: Basic Supervision Elements• Assessment

• PSR, Classification Report, TX Records• Casework Counseling

• Focal, Results Oriented• Referral

• SA, SO, MH, Employment, Other• Follow-Up/Surveillance

• PC, HC, EC, CC, Police, Community, Acquaintances

Probation SupervisionProbation Supervision

Major elements of successful criminal casework:

• Supervision Planning• Documentation

Probation SupervisionProbation Supervision

Why do we use supervision plans?

Probation SupervisionProbation Supervision

Supervision Plans:– State where a case should be going

Substance Abuse TXMaintain Full-Time EmploymentPay $30.00 Restitution MonthlyEtc.

Probation SupervisionProbation Supervision

Casework and Supervision Planning– Apply to Adult and Juvenile Cases– Apply to Probation and Parole

Supervision PlansSupervision Plans

Supervision Plans Should Be:– Directed at Offender Risks and Needs– Behaviorally Stated (Offender’s Behavior)– Measurable (Time)– Focused On Outcomes (New Behavior)

Apply Skills Learned In Anger Management Class Rather Than Attend Anger Management Class

Planning For SuccessPlanning For Success

Involve offenders in supervision planning.

Follow-UpFollow-Up

Meaningful change in behavior is more likely to occur when focus is on outcomes (new behavior) not merely processes.

Follow-Up ExampleFollow-Up Example

How is follow-up best accomplished concerning applying skills learned in Anger Management Class?

• Have the offender describe how he is putting anger management class techniques into practice in his life.

Probation Supervision Probation Supervision DocumentationDocumentation

Documentation takes various forms

Probation Supervision Probation Supervision DocumentationDocumentation

Three Purposes of Documentation

Probation Supervision Probation Supervision DocumentationDocumentation

Case Management Purposes

Probation Supervision Probation Supervision DocumentationDocumentation

Court and Parole Board Expectations

Probation Supervision Probation Supervision DocumentationDocumentation

Liability Protection

DocumentationDocumentation

What should be recorded?

Significant Action ExamplesSignificant Action Examples

Decisions Services Rendered Assessments

Progress Periodic Evaluations Follow-Up Procedure

Probation SupervisionProbation Supervision

What do you do when supervision is not working?– Arrest? Warn? Reprimand?

How can you compel compliance?

Probation SupervisionProbation Supervision

What is in society’s best interest?

Probation SupervisionProbation Supervision

Recall: Intermediate Sanctions: The continuum of

sanctions/punishments between prison and probation that can be applied as alternatives to incarceration.

IS are graduated punishments.

Some Intermediate SanctionsSome Intermediate Sanctions

Fines Restitution Community Service Residence Restrictions House Arrest HEM

TX Orders Intensive Supervision Boot Camp Diversion Centers Detention Centers Day Reporting Centers More

Intermediate Sanction Intermediate Sanction PurposesPurposes

• Deterrence• Retribution• Incapacitation• Rehabilitation

• Reintegration• Offender

Accountability• Cost Effectiveness

PunishmentPunishment

Punishment, to be effective, must be regarded as undesirable to the recipient.

Effective PunishmentEffective Punishment

• Why impose punishment that is less punitive to offenders and more costly to society?

SummarySummary

Probation will continue to be the most widely used correctional disposition