CJ

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Chapter 12Chapter 12

Probation and Probation and Community Community CorrectionsCorrections

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Learning Outcomes

LO1: Explain the justifications for community-based corrections programs.

LO2: Describe the three general categories of conditions placed on a probationer.

LO3: Explain the three stages of probation revocation.

LO4: List the five sentencing options for a judge besides imprisonment and probation.

LO5: List the three levels of home monitoring.

1LO

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Explain the justifications for community-based corrections programs.

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Learning Outcome 1

Reintegration• Preparing offenders to return to the community

unmarred by further criminal behavior.Diversion• Diverting those who qualify away from prison

and jail and toward community-based intermediate sanctions.

The Low-Cost Alternative• The high cost of incarceration is a strong

motivator for some to support community-based corrections.

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Learning Outcome 1Probation• Most common form of punishment

in the U.S. • Theory – some offenders can be

treated more economically and humanely while living in the community.

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Learning Outcome 1

Sentencing choices and probation:• Suspended sentences• Alternative sentencing choices

– Split sentences– Shock incarceration– Intermittent incarceration

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Learning Outcome 1Offenders are most likely denied

probation if they:• Are convicted on multiple charges• Were on probation or parole at the time

of arrest• Have two or more prior convictions• Are addicted to narcotics• Seriously injured the victim of the crime• Used a weapon in the commission of

the crime

2LO

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Describe the three general categories of conditions placed on a

probationer.

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Learning Outcome 2

The principles of probation include:• The rehabilitation of the offender• The protection of the community

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Learning Outcome 2Conditions of probation:• Standard conditions

– Imposed on all probationers

• Punitive conditions– Designed to reflect the seriousness of the

offense and increase punishment

• Treatment conditions– Designed to help the offender with issues that

may contribute to criminal activity

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Learning Outcome 2The supervisory role of the probation

officer:– Conducting the presentence investigation– Supervising offenders as soon as they

have been sentenced

• The ideal relationship between probationer and probation officer is based on trust. In the absence of trust, this relationship is based on authority.

3LO

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Explain the three stages of probation revocation.

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Learning Outcome 3

Revocation of probation:• Probation ends in one of two

ways – the probation completes the

requirements of probation– or the probationer fails to meet the

requirements and probation is revoked.

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Learning Outcome 3Technical Violations:• Probation may be revoked because of a

new offense, or…• Because a probationer committed a

technical violation.• Technical violations do not always result

in revocation. The probation officer must make a “judgment call.”

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Learning Outcome 3

The revocation process:• The preliminary hearing• The revocation hearing• The revocation sentencing

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Learning Outcome 3

Probationer Rights:• Mempa v. Ray (1967)• Morrisey v. Brewer (1972)• Gagnon v. Scarpelli (1973)

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Learning Outcome 3

Does probation work?• The hybrid approach• The caseload dilemma

– The average probation officer has a caseload of 175 clients.

4LO

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List the five sentencing options for a judge

besides imprisonment and probation.

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Learning Outcome 4

Intermediate Sanctions:• Provide a number of additional

sentencing options. • More supervision than probation, but less

harsh than imprisonment.

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Learning Outcome 4

Judicially Administered Intermediate Sanctions:

• Fines• Community Service• Restitution• Forfeiture• Pretrial Diversion Programs

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Learning Outcome 4Day Reporting Centers: community

based corrections center where offenders report daily for purposes of treatment, education, and incapacitation.

Intensive Probation Supervision: a more restrictive alternative to regular probation. Typified by more supervision and smaller caseloads.

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CAREERPREPSubstance Abuse Counselor

Job Description:• Assess the background and needs of patients suffering from substance

abuse and addiction and craft and execute a plan for recovery.• Lead group and one-on-one counseling sessions geared toward

providing the patient with a sense of accountability and a desire to change the direction of her or his life.

What Kind of Training Is Required?• A bachelor’s degree from a counselor program, often found in the

department of education or psychology in undergraduate institutions, as well as two years of counseling in a related field or equivalent life experience.

• For licensing and employment with a government agency, a master’s degree in substance abuse counseling or rehabilitation counseling is often required.

Annual Salary Range?$40,000–$83,000

For additional information, visit: www.princetonreview.com/Careers.aspx?cid=172.

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Learning Outcome 4Shock Incarceration: judges sentence an

individual to a period of time in an institution, many of which resemble an army boot camp.

Home Confinement and Electronic Monitoring: offenders are required to spend extended periods of time confined to their homes, sometimes administered in conjunction with electronic monitoring.

5LO

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List the three levels of home monitoring.

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Learning Outcome 5Levels of Home Monitoring:• Curfew• Home detention• Home incarceration

Types of Electronic Monitoring:• Programmed contact• Continuously signaling

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Learning Outcome 5

Net Widening:• As more and more alternatives to

incarceration are used, the criminal justice system can expand the number of people that can come under its supervision.

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Learning Outcome 5

The Paradox:• The more effectively offenders are

controlled, the more likely they are to be caught violating the terms of their conditional release

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Learning Outcome 5

The Quicksand Effect:• Instead of helping offenders

leave the corrections system, increased surveillance pulls them more deeply into it.