Community Sentences: Probation & Intermediate Sanctions

Chapter 12

Community Sentencing

Community SentencingCommunity sentences are popular

because: Less costly Help the offender maintain family and

community ties Can be structured to maximize security

and maintain public safety Scaled in severity to correspond to the

seriousness of the crime Can feature restoration and reintegration Can act as a “second chance”

Probation

ProbationJohn Augustus:

From Boston 1840’s-1900’s Was a leading reformer of probation in the

United States Credited with originating the modern

probation concept His work inspired Massachusetts legislature

to appoint paid probation officers

Probation Probation

A sentence entailing the conditional release of a convicted offender into the community under the supervision of the court, subject to certain conditions for a specified time

ProbationThe common law practice of judicial

reprieve Allowed judges to suspend punishment so that

convicted offenders could seek a pardon, gather new evidence, or demonstrate that they had reformed their behavior

The practice of recognizance Enabled convicted offenders to remain free if

they agreed to enter into a debt obligation with the state

ProbationCurrently about 4 million people are

on probation More than 2 million people are being

placed on probation annually – a slightly larger number than exit their probation sentence Probation rules are a set of conditions or

restrictions mandated by the court that must be obeyed by a probationer

Probation Revocation

An administrative act performed by a parole authority that removes a person from parole due to a violation on part of the parolee.

Probation may be revoked if a probationer fails to comply with rules and disobeys reasonable requests to meet their treatment obligations

Probation Probation officers usually

have five tasks:a. Investigation

Presentence investigation serves as the basis for sentencing

a. Intake b. Diagnosis

Used to select appropriate treatment modes

a. Treatment supervisionb. Risk classification

Assessment of the risk level probationers pose to the community and themselves

Probation The U.S. Supreme Court has ruled

that probationers have a unique status and they are entitled to fewer constitutional protections than other citizens Minnesota v. Murphy Griffin v. Wisconsin United States v. Knights

Probation Because placing a person on probation

implies that probation will continue unless the probationer commits a major violation, the defendant has been given certain procedural due process rights at this stage of the criminal process Mempa v. Rhay Morrissey v. Brewer Gagnon v. Scarpelli Beardon v. Georgia United States v. Granderson

Probation United States v. Granderson (1994)

Significant case in that it helped clarify what can happen to a probationer whose community sentence is revoked Granderson was eligible for a 6 month prison

sentence but was given 60 months probation instead.

He tested positive for drugs his probation was revoked.

Statute required he serve 1/3 of his sentence so the trial court gave him 20 months in prison

He appealed and Supreme Court found it unfair, ruled he should have been given 1/3 of the 6 months (2 months), not 60 months.

Probation Probation is cost effective

Annual cost of incarceration: Approximately $25,000

Annual cost of probation: Approximately $2,000

National research suggests: 60% of probationers successfully complete

their probationary sentence 40% are arrested, violate probationary rules,

or abscond

ProbationEven the most serious criminals who

receive probation are less likely to recidivate than those who are sent to prison for committing similar crimes 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

Probation Current initiatives that may shape the

future of probation Making probationers pay Hot spot probation Area needs Specialized probation Privatization Swift and sure

punishment

Intermediate Sanctions

Intermediate Sanctions Intermediate sanctions include programs

that are usually administered by probation departments Group of punishments falling between

probation and prison House arrest Intensive supervision

Serve as alternatives to incarceration

Intermediate SanctionsAdvantages of Intermediate Sanctions

Cost benefits Equitable community sentences Increased control Reduced overcrowding Use with different classes

of offenders

Intermediate Sanctions Fine

Money owed by offenders to compensate society for their misdeeds

A day fine (common in European nations) Geared to the average daily income of the

convicted offender in an effort to bring equity to the sentencing process

Many judges continue to incarcerate offenders for noncompliance with financial orders, despite the U.S. Supreme Court ruling Tate v. Short (1971)

Intermediate SanctionsForfeiture

The seizure of personal property by the state as a civil or criminal penalty More than 100 federal statutes use forfeiture

of property as a punishment

Video: Forfeiture

When can the government seize assets?

Why is the government allowed to seize assets in some criminal justice cases?

Can you see this being a useful criminal justice sanction in any circumstances?

Video: Discussion Questions

Intermediate SanctionsRestitution

A condition of probation in which the offender repays society or the victim of the crime for the trouble the offender inflicted May be monetary or in the form of community

service restitution Restitution does not reduce recidivism What about the wealthy…

To avoid wealthy individuals from merely writing a check, judges can order that compensation be paid from income derived from low paying social service or public works jobs.

Intermediate Sanctions Shock probation and split sentences

Alternative sanctions designed to allow judges to grant offenders community release only after they have sampled prison life

A split sentence Requires convicted criminals to spend a portion of

their sentence behind bars and the remainder in the community

Shock probation Puts offenders in prison for a short term before

they begin probation, to impress them with the pains of imprisonment

Intermediate Sanctions Intensive probation supervision

Involves small probation caseloads and strict monitoring on a daily or weekly basis

Goals are typically: Decarceration Control Reintegration

Intermediate SanctionsThe house arrest concept

Requires convicted offenders to spend extended periods of time in their own home as an alternative to an incarceration sentence Electronic monitoring frequently

accompanies house arrest to ensure compliance

Intermediate SanctionsResidential community corrections

facility sentence This is a nonsecure facility that houses

probationers who need a more secure environment

Day reporting centers Nonresidential community based

treatment programs