Chapter 10 Community Sentences: Probation,

Intermediate Sanctions, and Restorative Justice

Learning Objectives

Be familiar with concept of community sentencing

Know the history of community sentences

Recognize the different types of probation sentences

Be familiar with the rules of probation

Know about the organization and administration of probation services

Learning objectives

List and discuss the elements of a probation department’s duties

Be familiar with the legal rights of probationers

Debate the effectiveness of probation

Know what is meant by intermediate sanctions

Define restorative justice and discuss its merits

The History of Probation Community Sentencing

Traced to the Middle Ages

Judicial reprieve

Recognizance

Sureties

John Augustus and the Creation of Probation:

Boston (1841) – is credited with originating community sentencing in the U.S.

Augustus supervised more than 2000 convicted offenders

In 1878, Massachusetts legislators authorized the appointment of a paid probation officer

Probation Today

Probation Defined:

Criminal sentence that suspends or delays a correctional term in a prison or jail

Subject to rules and conditions

Be supervised by a probation officer

Most widely used correctional mechanism in the U.S.

Probation Today

o 2,000 adult probation agencies in the U.S.

o 2 million offenders placed on probation annually

o (2009) more than 4 million offenders on probation in the U.S.

Probation Today

Awarding Probation: Subject to a set of rules or conditions mandated by

the court

Violation of these conditions may result in revocation of probation requiring the original sentence to be served

Technical violations are the major cause of revocations

Probation Eligibility: Original purpose was to provide a second chance for

young offenders

Contemporary purpose is to ease jail and prison overcrowding

Who is being sentenced to probation?

Probation Today

Conditions of Probation:

Certain conditions or rules of behavior that the probationer is bound to obey

Sentencing judges have broad discretion

Standard conditions

Specific conditions

Cannot be capricious or cruel

Probation Today

Administration of Probation Services:

Independent, statewide, local, or a combination

Juvenile and adult services can be separated or combined

Probation officers use discretion in monitoring and treating offenders

Social worker style

Law enforcer style

Probation Today

Elements of Probation:

Pre-sentence investigation

Intake

Diagnosis/Risk Classification

Treatment

Supervision

Probation Today

Legal Rights of Probationers:

Civil Rights

Fewer constitutional protections

Some rules on self-incrimination do not apply

Rules on search and seizure are not always the same

Revocation Rights-

Due process rights apply during revocation hearings

Probation Today

How Successful is Probation?

Most commonly used alternative sentence

Less expensive than incarceration

About 40 percent fail on probation – most for technical violations of rules

Recidivism rate is less than those sent to prison

Probation Today

How successful is Felony Probation?

RAND study:

Few distinguishable crime differences between felons sent to prison vs. felons sentenced to community supervision

Most felons sentenced to community supervision failed probation

Study findings still support community corrections for eligible offenders

Recidivism for felony probationers was less likely

Probation Today

Who Fails on Probation and Who Succeeds?

20% of probationers have mental illness or history of instability

Probationers with criminal history, prior probation, and previous incarceration are mostly likely to fail

Probationers who are married with children, educated, stable, and employed are most likely to succeed

Probation Today

The Future of Probation: Shift from diagnosis and treatment to an emphasis

on risk assessment and control

Initiatives:

Day fees

Rewarding effective probation agencies

Hotspot probation

Area needs

Specialized probation

Private probation

Swift and sure punishment

Intermediate Sanctions

Between probation and prison

Less costly

Helps offender maintain family and community ties

Structured to maximize security and maintain public security

Scaled in severity to seriousness of crime

Increased control over probationers

Can be used as halfway-back strategies for those who violate conditions of their community release

Punishment Ladder

Intermediate Sanctions

Fines: Used more often in lesser offenses or when

financial profits were high May discriminate against the poor who cannot

pay Many go uncollected Day fines

Make the fine fit the offender’s income

Intermediate Sanctions

Forfeiture: Used in civil and criminal cases

Civil forfeiture can be done without probable cause or any proof of a crime

Racketeer Influenced and Corrupt Organization Act (RICO)

Zero tolerance

Restitution: Monetary restitution or community service restitution

Benefits the victim, the offender, and the community

Most restitution clients successfully complete and do not recidivate

Intermediate Sanctions

Shock Probation and Split Sentencing: Shock probation

Offenders serve a short prison term before they begin probation

Split sentence 10 % of probationers are now spending a portion of their

sentence behind bars and the remainder in the community

Shock Incarceration Boot Camps

Intermediate Sanctions

Intensive Probation Supervision: Involve small caseloads - (15-40 ) Clients closely monitored Goals:

Decarceration Control Reintegration

Effectiveness varies – failure rates appear to be high, but it works better for some clients than others

More successful for employed probationers than the underemployed or unemployed

More effective if combined with treatment modalities

Intermediate Sanctions

House Arrest:

Offender required to spend extended periods of time at home as an alternative to incarceration

Little standardization throughout U.S.

No definitive date indicating effectiveness

Intermediate Sanctions

Electronic Monitoring:

Electronic transmission devices used to ensure compliance with house arrest

Newer devices utilize GPS technology for tracking purposes

Lower costs, higher security

Overcrowding is reduced

Intermediate Sanctions

Residential Community Corrections:

Usually non-secure buildings

Residents work and/or attend school during the day, return to the center at night

Used as pre-release center

Provide a structured environment for treatment

Intermediate Sanctions

Day Reporting Centers:

Facilities that provide a single location for client reporting for supervision and treatment

Used as a ‘step up’ for higher risk probationers and a ‘step down’ for jail or prison inmates

Evaluations show success in reducing recidivism

Restorative Justice Programs

Restorative Justice:

Restoring the damage caused by crime

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

All crimes bring harm to the community

Coercive punishment is inherently harmful to offenders

Restorative Justice Programs

Concept of Restoration:

Offenders must accept accountability for their actions and responsibility for the harm their actions caused

Justice policy needs to repair the harm caused by crime and involve all parties that have suffered including the victim, the community, and the offender

Restorative Justice Programs

Restoration Programs: Inclusion of all parties involved in a criminal act

Intended result of the process is to repair injuries suffered by the victim, and the community, while ensuring reintegration of the offender

Methods: Negotiation

Mediation

Consensus building

Peacekeeping

Restoration in Practice

Schools

Police programs

Pretrial programs

Court programs

The Challenge of Restorative Justice

Entry may favor whites over minorities

Cultural and social differences may dictate what is “restorative”

Lack of a common definition

Balancing the needs of offenders with victims

Programs focusing on offender may turn off victim

Some believe victim’s rights are threatened by features of restorative justice