Chapter 12 Community Sentences: Probation, Intermediate Sanctions and Restorative Justice.

Chapter 12Community Sentences: Probation,

Intermediate Sanctions and Restorative Justice

Probation

A criminal sentence mandating that an offender be placed and

maintained in the community

Subject to certain rules and conditions

Probation (cont.)

The History of Probation

Traced back to English common law

Judicial reprieve – allows judges to suspend punishment so that

convicted offenders could seek a pardon, gather new evidence,

or demonstrate they had reformed

Recognizance – enabled convicted offender to remain free if they

entered into a debt obligation with the state

John Augustus – the “father of probation”

1878 – Massachusetts passed a law for paid probation officer

Probation (cont.)

Philosophy of Probation

The average offender is not actually dangerous

Institutionalization prohibits successful adjustments to behavior

Even dangerous offenders can be rehabilitated in the community

given the proper balance of supervision, treatment and control

Probation (cont.)

Approximately 2,000 probation agencies nationwide

Half of the probation agencies are at the county or municipal

government level

Almost 30 states combine probation and parole supervision into a

single agency

Almost 4 million people are currently on probation

Number has grown almost 2% each year since 1994

Probation (cont.)

Probationers are subject to a set of probation rules or conditions

mandated by the court

Violation of these conditions may result in revocation of probation

requiring the original sentence to be served

Probation (cont.)

In approximately half the cases there is a direct sentence to

probation without the threat of prison

Subsequent violations will result in harsh punishment

In 30% of the cases judges use a suspended sentence as part of

probation

Probation (cont.)

Conditions of Probation

Standard conditions apply to all offenders in a jurisdiction

Special conditions are required on a case-by-case basis –

substance abuse treatment

Conditions must serve to either protect society or rehabilitate

offender

Cannot be capricious or cruel

Probation (cont.)

Administration of Probation Services

Statewide probation services

Local probation services

Combination

Juvenile and adult services can be separated or combined

Probation (cont.)

Duties of Probation Officers:

Pre-sentence Investigation

Intake

Diagnosis

Treatment Supervision

Risk Classification

Probation (cont.)

Legal Rights of Probationers

Entitled to fewer constitutional protections

Some rules on self-incrimination before a probation officer do not

apply

Rules on search and seizure are not always the same

Due process rights apply during revocation hearings

Probation (cont.)

How Successful is Probation?

Most commonly used alternative sentence

Less expensive than incarceration

30 to 40 percent fail on probation – most for technical violations

of rules

Recidivism rate is less than those sent to prison

Probation (cont.)

How Successful is Probation?

People with stable home environment and employment are most

likely to succeed

Those with a prior criminal history, prior probation, and previous

incarcerations are most likely to fail

Males convicted on sexual offenses appear to do well on

probation

Probation (cont.)

Future of Probation

Imposition of fees on probationers to defray costs

Hotspot probation initiatives – community supervision teams

Organizing caseloads around geographic area rather than

offender type

Intermediate Sanctions

Add additional sanctions to traditional probation sentences

May include monetary fines, intensive supervision, house arrest,

electronic monitoring, restitution, shock probation, etc

Allows judges to fit punishment to the crime without resorting to a

prison sentence

Intermediate Sanctions (cont.)

Believed to be cost effective alternatives to incarceration

Can serve the needs of a number of offender groups to reduce

overcrowding in jails/prisons

Can be used as halfway back strategies for those who violate

conditions of probation or parole

Intermediate Sanctions (cont.)

Fines

Monetary punishment

Used more often in lesser offenses or when financial profits were

high

Fines may discriminate against the poor

Many fines go uncollected

Day fines

Intermediate Sanctions (cont.)

Forfeiture

Can be used in civil & criminal cases

Seizure of goods & instrumentalities related to the commission or

outcome of a criminal act

Racketeer Influenced and Corrupt Organization (RICO)

Zero tolerance

Intermediate Sanctions (cont.)

Restitution

Pay back to victims or society

monetary restitution or community service restitution

Benefits the victim, the offender, and the community

Most restitution clients successfully complete their orders and do

not recidivate

Intermediate Sanctions (cont.)

Shock Probation: sentence in which offenders serve a short prison

term before they begin probation to impress on them the pains of

imprisonment

Split Sentence: Practice that requires convicted criminals to spend a

portion of their sentence behind bars and the remainder in the

community

Disagreement over whether these two sanctions are helpful or

harmful

Intermediate Sanctions (cont.)

Intensive Probation Supervision – Goals

Diversion from prison/decarceration

Maintain control of the individual

Facilitate reintegration into the community

Intermediate Sanctions (cont.)

Intensive Probation Supervision

Rely on great degree of client contact by probation officer

(smaller case loads)

Criteria for use vary throughout U.S.

Many systems use very specific conditions, e.g. mandatory

curfew, employment, drug testing, community service, etc.

Effectiveness varies – failure rates appear to be high

Intermediate Sanctions (cont.)

House Arrest

Offender required to spend extended periods of time in one’s own

home as an alternative to incarceration

Little standardization throughout U.S. in how house arrest is

administered

Intermediate Sanctions (cont.)

Electronic Monitoring

Often used to ensure compliance with house arrest

Similar recidivism to traditional systems

Costs are lower Overcrowding is reduced

Issues of privacy and liberty

Compliance technologies vary

Intermediate Sanctions (cont.)

Residential Community Corrections

Usually non-secure buildings

Residents work and/or attend school during the day and return to

the center at night

Used to provide structured environment for treatment

Many are used as day reporting centers for nonresidential clients

Restorative Justice

Policy based on restoring the damage caused by crime and creating

a system of justice which includes all parties harmed by the criminal

act

Victim

Offender

Community

Society

Restorative Justice (cont.)

All crimes bring harm to the community

The traditional justice system does not Involve the community in the

justice process

Our focus on punishment, stigma, and disgrace of the offender

prohibits us from repairing the harm caused by crime

Restorative Justice (cont.)

Restoration Programs

Sentencing circles

School programs to avoid expulsion

Police programs to deal with the crime when it is first

encountered

Courts to divert offenders from the formal criminal justice process

Restorative Justice (cont.)

Challenges

Entry into programs may favor whites over minorities

Cultural and social differences may dictate what is “restorative”

Lack of a common definition of “restorative”

Balancing the needs of offenders with those of the victims