Chapter 4

Community Corrections: Diversion and Probation

1

The Development of Community-Based Corrections Traced back to English Common Law

Judicial reprieve Recognizance Sureties

The community corrections revolution John Augustus Boston formalizes probation 1859

2

The Development of Community-Based Corrections

The 1960’s sets the social context for rehabilitation Diversion is recommended to keep both juveniles

and adults out of corrections facilities The reintegrative philosophy of corrections Community corrections acts

State-based acts through which counties who participate receive subsidies for diverting minor offender from state prisons

Diversion

Rationale for diversion Avoids the harsh impact of incarceration Provides a wide-range of alternatives for

decision-makers Provides a “more justifying justice” Deals with the economic, social, and personal

factors associated with crime

4

Diversion

Diversionary programs True diversion Minimization of system penetration

Dispute resolution programs Deferred prosecution Treatment Alternatives to Street Crime (TASC)

Probation Allows the offender to remain in the

community under supervision• Financial restitution• Community service• Drug or alcohol testing• Regular employment

Probation populations Granting probation

• How common is the use of probation?6

Probation Populations Today more than 4 million people are on

probation Although crime rates are declining, the

number of people on probation continues to grow

7 states account for more than 1/3 of the probation population

Risk Assessment Models in Probation Risk assessment and increased surveillance

models• Decline in public confidence and backlash against

probation led to risk management and avoidance by agencies, the new penology

• Moved away from counseling and interventions to controls

8

Administering Probation

Administration of probation Approximately 2,000 adult probation

agencies, some run privately Locally administered probation departments State or executive, administered probation

departments Combined probation and parole departments Privatizing probation

9

Duties of the Probation Officer Basic functions of a probation officer

Casework management and other administrative duties– File of court documents and chronological listing of

contact with probationer

Supervision, investigation, and surveillance– Transition from counseling to enforcement

Presentence investigation reports– Helps the court decide whether to grant probation

10

Duties of the Probation Officer

Characteristics of Effective Probation Officers Genuine in offender-client relationships Compassionate and respectful Ability to help others achieve success Keep their personal problems separate Motivated and committed to their jobs

Legal Rights of Probationers

Disclosure of PSI reports So that defense attorneys can challenge any

disputable statements Williams v. New York (1949) Gardiner v. Florida (1977) Booth v. Maryland (1987)

12

Legal Rights of Probationers

Civil rights U.S. Supreme Court has ruled probationers are

entitled to fewer constitutional protections Minnesota v. Murphy (1984) Griffin v. Washington (1987) United States v. Knights (2001)

Legal Rights of Probationers Revocation of probation

Formal hearing with certain procedural due process

Mempa v. Rhay (1967) Morrissey v. Brewer (1973) Gagnon v. Scarpelli (1973) Beardon v. Georgia (1983) United States v. Granderson (1994)

Effectiveness of Probation

Is probation effective? Recidivism low for those on probation for a

misdemeanor For felons, up to 65% re-arrested Women more likely to receive probation for drug

or property offenses

15

Effectiveness of Probation

To Improve the Effectiveness of Probation More financial resources needed Credibility with public and judiciary Made a priority in research

Various Probation Programs Contemporary probation programs

Deferred sentence Shock probation Bench, or unsupervised probation Split sentence Intensive probation

17

Future of Probation Services

Intensive supervision to be used more Attention to substance abusers Screening and classification to guide level Efficiency and accountability demanded Offender fees to defray cost of probation

18

Future of Probation Services

Probation performance indicators Community probation team approach Automation Software risk assessment of high-risk

probationers