cj © 2011 cengage learning chapter 12 probation and community corrections
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CJ
© 2011 Cengage Learning
Chapter 12Chapter 12
Probation and Probation and Community Community CorrectionsCorrections
© 2011 Cengage Learning
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
© 2011 Cengage Learning
Explain the justifications for community-based corrections programs.
© 2011 Cengage Learning
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.
© 2011 Cengage Learning
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.
© 2011 Cengage Learning
© 2011 Cengage Learning
Learning Outcome 1
Sentencing choices and probation:• Suspended sentences• Alternative sentencing choices
– Split sentences– Shock incarceration– Intermittent incarceration
© 2011 Cengage Learning
© 2011 Cengage Learning
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.
© 2011 Cengage Learning
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
© 2011 Cengage Learning
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.
© 2011 Cengage Learning
Learning Outcome 4
Intermediate Sanctions:• Provide a number of additional
sentencing options. • More supervision than probation, but less
harsh than imprisonment.
© 2011 Cengage Learning
Learning Outcome 4
Judicially Administered Intermediate Sanctions:
• Fines• Community Service• Restitution• Forfeiture• Pretrial Diversion Programs
© 2011 Cengage Learning
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.
© 2011 Cengage Learning
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.
© 2011 Cengage Learning
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.
© 2011 Cengage Learning
Learning Outcome 5Levels of Home Monitoring:• Curfew• Home detention• Home incarceration
Types of Electronic Monitoring:• Programmed contact• Continuously signaling
© 2011 Cengage Learning
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.
© 2011 Cengage Learning
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
© 2011 Cengage Learning
Learning Outcome 5
The Quicksand Effect:• Instead of helping offenders
leave the corrections system, increased surveillance pulls them more deeply into it.
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