The Correction of Offenders generally divided into 2 broad categories:1. Institutional Corrections

• Things done to offenders when they are insolated from the community in prisons and jails

2. Community Corrections• Things done to offenders while they remain in the

community• 2 subcategories:

a) Correctional release: parole & probation

b) Intermediate Corrections: between release and incarceration

Community Corrections Outgrowth of emphasis in 19th century on

reformation of offenders Whatever is done to offenders should make them better persons

Probation in the U.S. was invented in 1841 by John Augustus in Boston

In the 20th century full-fledged professional “community corrections” was adopted mixing:

– Philosophical considerations (Rehabilitation)– Pragmatic considerations (managing costs)

Initially limited to juveniles & young offenders Later expanded to all adults

Probation – What is it? What does it involve?

The judicial suspension of a prison/jail sentence on condition that the offender “behave” and be monitored during the term of the sentence.

Specific features or elements:– Risk assessment (& restriction to “good risks”)– Offender remains in community (decarceration)– Formal outcome of judicial discretion– Required to abide by certain conditions & rules– Required to submit to supervision & monitoring– May be revoked if conditions violated

Probation – What is it? (cont.) How is probation different from:

Parole Suspended sentence Diversion

─ Pre-conviction diversion

─ Post-conviction diversion

Probation – Why is it used?• Decarceration removal of convicted

persons from institutions– Conserves resources -- Saves institutional space;

helps to relieve overcrowding & cut costs– Minimizes institutionalization – Reduce effects of

incarceration on inmates (through “prisonization”)

• Reintegration maintain offender’s community connections

– Maintain offenders ties/investments in community– Provide treatment, counseling, supervision– Provide incentive for reformation & change

Probation – How much is it used?• Most common sentence for misdemeanor

offenses (60-80% of all convictions)– Most are non-dangerous property or public order

offenses

• Also used for felonies, including violent offenses (where risks to community seem small & legally permitted)

– Homicides – 5% on probation– Sexual assaults – 18% on probation– Robberies – 14% on probation– Aggravated assaults – 29% on probation

Fig. 11-3, p. 293

Adults on Probation by Felony Conviction Type

Fig. 11-1, p. 291

U.S. Sentencing Trends Over Past 25 Years

Probation – How much is it used?• Roughly twice as many persons are on

probation/parole as are in prison/jail)

• In 2011, 1 in 34 adults in the U.S. was under some form of correctional supervision (7 million persons)

– 1 in 50 adults was under community supervision– 1 in 107 adults were incarcerated

– Those numbers peaked in 2008 & declined very slightly since then

Probation – How it is administered• Probation is assigned at sentencing by the

judge: (probation is determined by the court)– As conditional suspension of prison sentence– As direct sentence of probation (about half)– As part of split sentence (jail + probation)

• What offenses are eligible?– Legal restrictions on probation eligibility– Sentencing guidelines to limit application

• What offenders are eligible?– Decision based on: PSI & on Risk Assessment– Dependent on: (a) dangerousness; (b) risk of

repeat violations; (c) rehabilitation needs (d) system resources

Probation – Its Administration• What conditions may be stipulated:

– Standardized set of restrictions (vary by state)– Specialized by offense type (e.g., sex offenders)– Individualized by offender & situation

• Monitoring of persons on probation?– Probationers have less civil rights & protections

than overage citizens – less expectation of privacy– POs can search probationers residence without

search warrant on “reasonable suspicion”– PO/client relationship is not confidential– Incompatibility inherent in PO’s goals & functions

Administering Probation (cont.)

• What happens when conditions of probation are violated?

– Technical violation vs. criminal violation – Suspension of Prison vs. Direct Probation

• Revocation of probation procedures– Revocation hearing = court proceeding with some

(but not all) due process rights– Right to counsel in any hearings where revocation

is possible outcome– Preliminary “probable cause” inquiry– New sentence cannot be longer than original(?)

Probation – Forms and Formatsa) Straight Probation (56%)

– Sentenced only to & directly to probation

b) Suspended-sentence Probation (24%)– prison sentence suspended while on probation

c) Split sentence (8%)– Sentence to short jail term followed by probation

d) Shock probation– Two sentences decided separately (first jail, then

probation)

e) Residential probation– Probation in structured but open environment

Probation – Current Hot issues

a) Probation fees– Payment to offset costs of administering probation– Fairness to indigent offenders?

b) Caseload Sizes (25 to 200 probationers)– Smaller caseloads allow closer supervision– Smaller caseloads are much more expensive– Not clear that smaller caseloads work better

c) Privatization of Probation Supervision– Offload problems of probation administration from

court to private contractor– Issue of added fees & legal responsibility

Probation – Does it work?• National data show a 60% completion rate for

offenders on probation– 60% Completed term without technical violations

or additional crimes (40% failure rate)– Data on Federal probations show a 70%

completion rate

• However, national studies of recidivism rates generally show about two-thirds are rearrested within 3 years (very similar to outcomes of incarceration)

What about Intermediate Sanctions?

1) Intensive Probation– Probation with more restrictive conditions, smaller

caseloads, and much closer supervision– 2 issues: Net Widening; Ineffectiveness/cost

2) Probation with special conditions

3) Day Reporting Centers

4) Home confinement/electronic monitoring

5) Temporary Release – e.g., furloughs

6) Periodic release/confinement

7) Halfway Houses & Community facilities

Temporary/Periodic Release:

– Effectively the reverse of day reporting

– Main Types of temporary release Work Furloughs Study furloughs Emergency furloughs

– Popular perceptions about criminals on furlough evidence suggests the opposite

Most common problem on furlough = substance abuse (alcohol or drugs)

Absconding rate is low

Community Residential Confinement

– Halfway Houses and residential treatment facilities

Semi-secure residences (with monitoring without armed guards or high security fences)

Located in communities Presence in facility is intermittent (required only

at certain times)

– May be either: “Halfway out” houses (most common) “Halfway in” houses

Intermediate Sanctions: Why are these used?

a) Cost less expensive than prisons or jails

b) Justice/Fairness more reasonable in some cases (some punishment but not more than necessary)

c) Utility more effective in preventing crime or maintaining productive habits(?)

d) Administrative make more effective use of limited prison space & relieve overcrowding

These claims are debated and unconfirmed