Corrections chapter 5 ppt

Probation Supervision

Chapter 5

The Dual Functions of Probation

Investigation Presentence Investigation (PSI)

Summary of offenders background

Probation supervision policies & practices: Establish relationship, define roles Establish supervision goals Termination

The Dual Functions of Probation

Investigation Work with teachers, officials, psychologists, judge to

provide information to assist the judge in a proper sentence for the offender

Supervision Series of tasks loosely connected to possible

rehabilitation Rewards of this work are inconsistent and intangible

Discussion Question

Do you believe that probation officers have too much power when it comes to their role in investigative authority, especially the presentence investigation report?

The Investigative Function

PSI—most important role in the sentencing process Purpose

Sentencing Rehabilitation Risk management

Plea bargaining

The Investigative Function

PSI Contents

Objectivity Reliable Victim impact statement

The Investigative Function

PSI Recommendations

Controversial Not all have sentencing recommendations Agreement with actual sentence Plea-bargaining

The Investigative Function

PSI Disclosure

In many states defendants do not receive a copy Williams v. New York (1949)

Cleansing Confidential comments from private citizen Clinical statements or evaluations that might be

damaging

The Investigative Function

PSI Private PSIs

Client-specific planning Advocate for the defendant

Controversial Unfair advantage for middle/upper class Liability for accuracy and relevance of information they

provide the court

Discussion Question

Imagine you are a judge who has the responsibility of sentencing an offender who has just pled guilty to a burglary and possession of cocaine. The sentence has to be determined. The defense attorney is asking for probation with a condition of residential drug treatment. The prosecutor is demanding that the offender serve five years in prison. The probation officer who has completed the presentence investigation report is also recommending prison time, but wants 3 years instead of 5. What would you look for specifically in the PSI to make your determination of the sentence? What other factors would you consider in your sentencing decision?

The Supervisory Function

The Officer—enforce the law and help the offender Conflict—power and authority

Motivational interviewing Behavior change

Identify tools for handling resistance

Keep officer from doing all the work

Responsibility of behavior change on the officer

The Supervisory Function

The Offender Response—depends on his/her perception of

the officer’s power

Commonly resent their status

The Supervisory Function

The Bureaucracy

Formal constraints—legal conditions of probation

Standard conditions—imposed on all probationers

Punitive conditions—fines, community service, form of restitution

Treatment conditions—alcohol/substance help

The Effectiveness of Supervision

Recidivism Case Management Systems

Statistical risk assessment Systematic needs assessment Contact supervision standards Case planning Workload accounting

The Effectiveness of Supervision

Evidence-Based Supervision Focus program on high-risk probationers Greater levels of supervision to higher-risk clients Treatment programs designed around higher-risk

clients Make referrals to treatment programs

The Effectiveness of Supervision

Specialized Supervision Programs Sex offenders Drug offenders Mentally ill offenders Techniques for drug surveillance and treatment

Urinalysis Antabuse Methadone

The Effectiveness of Supervision

Performance-Based Supervision

Focus on results in setting priorities and selecting activities

Public safety

Broken windows probation

The Effectiveness of Supervision

Is Probation Effective Regardless? Comparison of probation strategies reveal little

differences What if methods matter little but probation

works? Recent study

Reduction in criminality following probation sentence

Discussion Question

Do you think drug abuse is a medical problem or a criminal justice problem?

How we should deal with the issue of drugs at the:

a) local levelb) state levelc) federal level?

Revocation and Terminationof Probation

Probation Status Ends in One of Two Ways

Successful completion of period of probation

Revocation because of misbehavior Technical violation

Revocation and Terminationof Probation

© Cengage Learning. All rights reserved.

Revocation and Terminationof Probation

Three Stages of Revocation

Preliminary hearing—facts of arrest are reviewed for probable cause

Hearing—facts of allegation heard and decided

Sentencing—incarceration or reinstatement of probation

Probation in the Coming Decade

Dramatic changes Decreased caseloads allowing for pilot

programs

Public safety need is greater based on more convicted felons

Changing demographics in U.S. leads to officers needing cultural literacy

Probation in the Coming Decade

Dramatic changes Monitoring tools for probation officers

increase: Ankle bracelet, GPS Alcohol consumption monitors Mobile automated fingerprinting systems Videoconferencing