Community Sentences

1. Chapter 12 Community Sentences

2. The Concept of Probation • A criminal sentence that suspends or delays a correctional term in a prison or jail • Rests on the assumption that the typical offender is not dangerous, but has the potential to reform • The stigma of a prison sentence would have far more devastating effects than a community sentence • Offenders who are able to avoid criminal labels have a significantly less likelihood of recidivism

3. Contemporary Probation Services • About 4 million people are currently on probation (approximately 1 in 61 adults) • Without probation, the correctional system would rapidly become even more overcrowded, expensive, and unmanageable

4. Conditions of Probation • Once on probation, the offender is subject to certain rules and conditions • If the rules are violated, or if the probationer commits a new criminal offense, then probation may be revoked • Revocation means that the community sentence is terminated and the original sentence of incarceration is enforced • Conditions can be standard or specific to an individual probationer (such as attending AA meetings) as long as they are not capricious or cruel

5. Probation Conditions in the Internet Age • Probation orders now account for Internet use • One area of concern deals with sex offenders • Probation authorities have worked with social networking sites to identify and remove registered sex offenders who may be using the service

6. Awarding Probation • Both states and the federal government grant probation sentences • Probation is not restricted to petty or first-time criminals • Judges grant probation at their discretion • Some states have attempted to shape judicial discretion by creating guidelines for granting probation • The typical probation sentence in urban courts is about 38 months for violent offenses, 32 months for property offenses, and 32 months for drug crimes

7. Administration of Probation Services • There are approximately 2,000 adult probation agencies • More than half are associated with a state-level agency • About 30 states combine probation and parole supervision • Regardless of the administrative setup, probation department staff usually engages in supervising or monitoring cases, creating treatment plans, conducting sentencing investigations, and conducting intake hearings • Some probation officers view themselves as social workers while others are considered law enforcers • Younger officers tend to be more control and safety oriented, where older officers embrace the rehabilitation ideal

8. Duties of Probation Officers • Five tasks: investigation, intake, diagnosis, treatment supervision, and risk classification

9. Investigation • Serves as the basis for sentencing and controls whether the convicted defendant will be granted community release or sentenced to secure confinement • Provides a foundation for shaping a treatment program and supervision efforts • A recommendation is made to the presiding judge that reflects the department’s sentencing posture on the case • Some critical factors that contribute to the recommendation of community treatment are the probationer’s demeanor, cooperation and outlook toward treatment, and willingness to abide by legal and probationary rules • Under normal circumstances, the department’s recommendation is accepted by the judge when they hand down the actual sentence

10. Intake • The process in which a probation officer works with all parties involved to design a resolution • If successful, the intake process settles a case at the initial appearance before formal criminal proceedings are started • If unsuccessful, the case is taken to court

11. Diagnosis • Probation officers analyze the probationer’s character, attitudes, and behavior in order to select the appropriate treatment modes • Probationers are more likely than the general population to report any unmet need for mental health services • An effective diagnosis integrates all that has been learned about the individual

12. Treatment Supervision • Consists of a program of therapy designed to help the offender deal with the problems that resulted in antisocial behavior • Most probation treatment efforts rely on community resources

13. Risk Classification • Categorizing probationers and then assigning them to a level and type of supervision based on their particular needs and the risks they pose to the community • Risk assessment is the single most important decision being made by the probation officers today • Evaluations of risk assessment instruments show that when they are used properly, they can be highly valid and effective

14. Civil Rights of Probationers • The court has ruled that probationers have a unique status and therefore are entitled to fewer constitutional protections than other citizens • Minnesota v Murphy – the probation officer-client relationship is not confidential • Griffin vWisconsin – a probationer’s home may be searched without a warrant on the grounds that probation departments have in mind the welfare of the probationer and must respond quickly to evidence of misconduct • United States vKnights – a probationer’s home can be searched without a warrant if the search is based on reasonable suspicion that the individual committed another crime while on probation or that a condition of probation was that the individual would submit to searches

15. Revocation Rights of Probationers • Probation can be revoked if the rules are violated or a new crime is committed • The U S Supreme Court provided safeguards to apply at proceedings to revoke probation • Mempa v Rhay– a probationer is constitutionally entitled to counsel in a revocation of probation proceeding where the imposition of sentence has been suspended • Morrissey vBrewer - requires an informal inquiry to determine whether there is probable cause to believe the arrested parolee has violated the conditions of parole, as well as a formal revocation hearing with minimum due process requirements • Gagnon vScarpelli- during a probation revocation hearing the defendant must be given counsel if it is required for an effective defense. A judge may deny counsel if probation will be continued despite the violation • Beardon v Georgia – a judge cannot revoke a defendant’s probation for failure to pay a fine and make restitution, unless the probation is somehow responsible for the failure or the alternative forms of punishment are inadequate to meet the state’s interest in punishment and deterrence • United States v Granderson – revocation of probation cannot produce a longer prison sentence than originally possible

16. How Successful is Probation? • Data indicates that about 65 percent of probationers successfully complete their probationary sentence and about 30 percent are either re-arrested, violate probation rules, or abscond • Most revocations occur for technical violations during the first three months of the probation sentence

17. What Causes Success and Failure? • Stability helps people to succeed on probation • People who are married with children, have lived in the area for two or more years, and are adequately employed are the most likely to be successful on probation • People with long histories of substance abuse do not fare well • People convicted of sex offenses seem to do well on probation • Young males who are unemployed or who have a very low income, a prior criminal record, and a history of instability are most likely to be rearrested

18. Future of Probation • More financial resources must be provided to implement quality programming for appropriate probation target groups • The credibility of probation with the public and judiciary must improve • New initiatives include: • Making probationers pay to offset the cost of community corrections • Enhanced community engagement so probationers feel an attachment to the communities in which they reside • Organizing probation caseloads around area needs rather than client needs

19. Privatization of Probation • Used in at least ten states • Can help alleviate the burden of providing effective probation services • Private probation services typically include probation supervision, bond supervision, electronic monitoring (house arrest), alcohol monitoring, urinalysis testing, Breathalyzer testing, and reports to the court • Using private probation services for low-risk offenders can allow probation departments that are government run to commit more resources to high-risk offenders • There is some concern about the oversight of private probation services

20. House Arrest/Elecronic Monitoring • Requires a convicted offender to spend extended periods of time in his or her own home as an alternative to incarceration • Random calls and visits are one way to check compliance • Electronic monitoring is usually used in combination with house arrest to ensure the offender is complying with the sentence • Electronic monitoring can be active or passive • Due to the low cost and assumed effectiveness, electronic monitoring is being used with a wide variety of offenders, even those who have committed serious felony sex offenses • Evaluations of the ability of EM programs to reduce recidivism have yielded mixed results • EM is most effective when combined with treatment such as social interventions and counseling

21. Residential Community Corrections • A convicted offender is housed in a non-secure facility from which they go to work, attend school, or participate in treatment programs • Traditionally, residential community corrections were to reintegrate prison inmates into the community • Now it can be a direct-sentencing option