Download What is Probation?

Chapter 14
Community Corrections:
Probation, Intermediate Sanctions,
and Restorative Justice
What is Probation?

The most common form of Community Based Corrections

A criminal sentence

Mandates placement of an offender in the community

Under the supervision of an agent of the court
History of Probation

Roots can be traced to English Common Law

John Augustus is credited with the idea of modern probation

1878: Massachusetts authorizes a probation officer for Boston

Federal government authorizes probation in 1925
Philosophy of Probation

Based on the premise that the average offender is not a danger to
society

Use of it eliminates the negative effects of the imprisonment process
(socialization into prison life)

Gives offenders a second chance
Extent of Probation


Approximately 2,000 adult probation agencies in the U.S.

Just over _ are part of state government

Others are organized at the county or municipal level
Offenders on probation were convicted of:

Felonies (approximately 54%)

Misdemeanors (45%)

Others (1%)
How Does Probation Work?

Prison sentence is suspended

Promise of good behavior for a specified period of time (a contract
between the offender and court)

Rules or conditions of probation are set

Community supervision

Probation may be revoked
Probation Eligibility

Eligibility determined by law; may be limited

Felons, misdemeanants and juvenile delinquents are normally
eligible

Recommendation to the court from Probation Department after a
presentence investigation report
Conditions of Probation

Standard set of conditions apply (e.g., not to move out of the
jurisdiction)

Special conditions can be added (e.g., drug treatment or drug
testing)

Conditions try to balance the needs of treatment & rehabilitation vs.
supervision & enforcement

Can’t set capricious or cruel conditions
Functions of a Probation Officer

Supervise or monitor cases assigned by the court

Attempt to rehabilitate through specialized treatment techniques

Investigate lives of convicted offenders to enable the court to make
intelligent sentencing decisions (presentence investigation report)

Occasionally collect fines due the court or oversee the collection of
delinquent payments, such as child support

Interview complainants and defendants to determine whether
criminal action should be taken, whether cases can be decided
informally, and whether diversion should be advocated (typically in
juvenile probation matters)
Presentence Investigation Report

Often mandated by law

Contents vary - social history

Assesses risk
Presentence Investigation Report (cont.)

Typical factors:

Age

Employment status

Drug abuse history

Prior felonies

Address changes
Is Probation Successful?

Probation cost about $2,000/year; incarceration costs about
$20,000/year

Evidence is mixed – about 60% of probationers nationally successfully
complete their probationary sentence

Recidivism - what does it mean?

Re-arrest

Reconviction

Technical violations

Serious offenders most likely to recidivate

Probation recidivism is lower than prison recidivism
Legal Rights of Probationers

Civil rights of probationers

Probationers don’t have all the 5th Amendment protections that
others have

Probationers may lose some 4th Amendments rights regarding
searches and seizures

Rights of probationers during the revocation process

Entitled to counsel in revocation-of-probation proceedings

Require a formal revocation hearing

If probation is revoked, may not be required to serve more time in
prison that he or she would have if originally incarcerated
What’s the Future of Probation?

Flexible

Alleviates prison overcrowding

Cost effective

Allows for the imposition of probation fees
Fines as a Criminal Sanction

Used more often in lesser offenses or when financial profits were
high

Fines may discriminate against the poor

Many fines go uncollected

Day fines are geared to an offender’s net daily income, as well as
number of dependents and the seriousness of the crime in an effort
to make sentences more equitable
Forfeiture as a Sanction

Can be used in civil & criminal cases

Seizure of goods & instrumentalities related to the commission or
outcome of a criminal act

Zero tolerance

Proportionality
Restitution

Pay back to victims or community service

Used in 30% of probation cases; the average is $3400; 60% make
full payment in 3 years

Qualified success

Widens the net of social control
Shock Probation & Split Sentencing

Community release after sampling prison life

Split sentence means jail term is a condition of probation

Shock probation usually involves resentencing after a short prison
stay
Intensive Probation Goals

Diversion from prison

Maintain control of the individual

Facilitate reintegration into the community
Intensive Probation Supervision

Considered as probation plus

Relies on great degree of client contact by probation officer (smaller
case loads)

Criteria for use vary throughout U.S.

Many systems use very specific conditions, e.g., mandatory curfew,
employment, drug testing, community service, etc.

Effectiveness varies
House Arrest

Offender required to spend extended periods of time in one’s own
home as an alternative to incarceration

Little standardization throughout U.S. in how house arrest is
administered
Electronic Monitoring

Often used to ensure compliance with house arrest

Similar recidivism to traditional systems

Costs are lower (capital vs. labor)

Overcrowding is reduced

Issues of privacy and liberty

Compliance technologies vary
Residential Community Corrections

Combines reintegration & control goals

Usually involves a nonsecure building

Houses pretrial & adjudicated adults

Residents:

Work and/or

Attend school and

Participate in corrections program
Day Reporting Centers

A location that nonresidential clients report to on a daily basis for
supervision and treatment

Often used for probation failures

Success rates vary for different kinds of clients
Why Use CBC?

Incarceration is more costly

No evidence incarceration rehabilitates

CBC maintains family & community ties

Broader possibilities exist to balance the severity of the crime with
punishment
Restorative Justice

Resolution of conflict between the offender and victim should be
resolved in the community

Goal is to mediate conflict

The Center for Restorative Justice and Peacemaking provides links
and information on the ideals of restoration and programs based on it
principles.