Chapter 4 Probation Goals and ideologies Setting and enforcing conditions Revoking liberty Legal...
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Transcript of Chapter 4 Probation Goals and ideologies Setting and enforcing conditions Revoking liberty Legal...
Probation
• Goals and ideologies
• Setting and enforcing conditions
• Revoking liberty
• Legal basis and imposing the sentence
• Agency organization
• Officer duties and caseload management
Probation
1) A sentence to community supervision
2) An organization that supervises persons with such sentences
3) The process by which offenders are supervised while free in the community
Goals of Probation
• Cut costs and prison/jail crowding
• Encourage links to law-abiding community– Family– Employment
• Avoid criminogenic influences of prison
• Allow use of community programs
• Structure and monitor offender’s life
Ideologies of Probation
1. Humane response to minor and accidental offenders
• Gives people a “second chance”• Maximizes effectiveness of rehabilitation
Versus
2. Facilitate restitution and cut system costs• Punish with control, financial penalties• Assure control when plea bargains are needed
Probationers
• More often white or female than jail, prison inmates, or parolees
• Misdemeanor offenders make up more about half of all probationers, have very high success rates (75%)
CRIMES:• 31% Public order 29% Property • 21% Drugs 17% Violent
Plea Bargains and Probation
• Can lead to inappropriate selection
• Used when: 1. State’s case is weak – acquittal feared
• Lower standard of proof for revocation
2. Victim wants to avoid trial
3. Restitution is main goal
Imposing the Sentence
• Directly imposed by the court as a sentence
• Deferred adjudication, or suspension of a judgment of guilt– Allows defendant to avoid conviction
• Suspended imposition– Defendant is found guilty and put on probation
without being formally sentenced
Split Sentence
• Also known as shock probation
• Brief period of imprisonment followed by probation supervision
• 11% of adult probation sentences
• Often utilize bootcamps
Terms of Probation
• Contract between court and offender• Standard conditions:
– applied to all persons sentenced in a court– report to parole officer– live in court’s jurisdiction– report changes in residence, employment
• Obey all laws, avoid other offenders• Pay fees, fines restitution
Special Conditions forSpecific Offenders
• Submit to urinalysis
• Surrender driver’s license
• Obey curfew
• Avoid victim
Violations of Probation
• New crimes• Technical violations • Breaches of conditions• Most technical violations minor• Absconding – leaving the jurisdiction or
moving within it without notifying the court• Property and drug offenders most likely to
violate terms of probation
Limited Due Processin Revocation
• Morrissey v. Brewer (1972) (parole) • Gagnon v Scarpelli 1973 (probation)• Hearings by an impartial hearing body or judge
– a (re)sentencing hearing is also desirable
• Written notice of hearing and charges • Written description of offense and evidence • Right to confront accusers cannot be denied
without cause• Reasons for revoking liberty specified in writing
Revocation of Probation
• Civil standard of proof– Preponderance of evidence
• Two hearings, usually in sentencing court1. Preliminary hearing assures sufficient
grounds for further prosecution2. Determination of guilt and sentencing
• Stricter terms of probation, jail or prison time may be imposed
Elements of theProbation Process
• Investigations– Pre-sentence investigations – advise
sentencing decision– Allegations/suspicions of misconduct
• Selection of appropriate clients– Public safety, likelihood of success
• Supervision of clients • Treatment coordination
– Understand reasons for crime and establish proper sequence of interventions
Supervision Methods
• Office Visits– Collect fees, do paperwork, confront client
• Field Visits: home, job or therapist’s office– Collateral contacts: persons with knowledge
of, contact with, client
• Obtain insights into lifestyle
The Probation Agency
Two basic models1) State control – executive branch
– Officers must accommodate local judges and agency supervisors
– Most common in U.S.
2) Judicial control at local level– Great variations in resources, officer training,
salaries, and so on
The Probation Officer
• Bachelor’s degree usually required
• Knowledge of law, government, offender behavior
• Civil service exam and interview
• Background check and urinalysis
• Academy training in job role
• In-service training and periodic evaluation
Case Planning
• Created and regularly updated foreach client
• Goals of monitoring activities– Supervision rationale
• Responsibilities of the offender– Assures accountability
• Role of other agencies in handling the case– Treatment coordination
Caseloads
• Average is 90, range is 30 to 400 per officer• Number of clients varies with level of
supervision• Risk Assessment used to set level
– Periodic re-evaluation to assure appropriateness
• “Special needs offenders” get more intensive supervision– Sex offenders, mentally ill, dangerous