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Probation
Conditional release of a convicted offender into the community, under the supervision of a probation officer.(conditional because it can be revoked)
Reasons for probation
Premits offenders to remain in the community and facilitates reintergration
Avoids the instituialization and stigma of imprisonment
Less expensive, more humanitarian and as effective as incarceration
Fair treatment for offenders whose crimes do not merit incarceration
Goals of probation
Protect the community
carry out court imposed sanctions
identify the level of supervision and the services probationers needs
support crime victims
coordinate and promote the use of community resources
National Probation act of 1925
Made probation a national instituion
Recidivism
Repetition of criminal behavior, generally defined as rearrest
Primary putcome measure for probation
Combining control-focused stratgies with treatment strategies reduces recidivism rates of program participants compared with a treatment as usual group
Case investigation
Intervewing the defendant and preparing the presentence report (PSR)
Presentence report
Assists the court in reaching a fair sentenceing decision, includes the offenders current offense, past adult and juevenile criminal record, family history, backgroud, and personal data then outlines a treatment plan for the offender
Opposing PSR
Dissuade a person from giving information, court proceedings may be delayed id defendant challenges the info, may be harmful to the defendant, psr contains private and confidentional court document.
Advocating for PSR
Fundamental fairness and due process demand that convicted persons should have acess to the information in the PS so they can correct inaccurate information.
Supervision
Resource mediation, surveillance, and enforcment
Resources mediation
providing offender acess to a wide variaety of services
Survellance
Monitoring the activites of the probationers
Enforecment
Making probationers accountable for their behavior an making sure they understand the consequences.
Building relations between officers and probationers
Sincerity
high service energy
knowledge of the probationers culture
nonjugdmental attitude
helping probationers with need resources
Technology in supervision
Helps officers track fine and probation payments
be notified when they are behind on payments
track if probationers have satisfied conditions of probation
Kiosk reporting, alcohol detection, facial recognition tests
map technology or geographic information systems
Revocation
Formal termination of an offenders conditional freedom
Revocation hearing
Due process hearing that determins
condition of probation have been violated before probation is revoked
and offender can be removed form the community
Technical violation
Failure to comply with the conditions of probation
Absconding
Fleeing without presmission of the jurisdiction they are required to stay
New offense violation
Offender commits new crime while on probation
Conditions for revocation hearings
Written notice of the charge
Disclosure of the evidence to the probationer
Opportunity to be heard in person and to present evidence as well as witness
Right confront and cross examine witness
right to judgment by a detatched and nuetral hearing body
Written statement of the resons for revoking probation
Right to counsel under special circumstances.
Intermediate sanctions
New punishment options developed to fill the gap between traditional probation and tradtional jail
Benefit of intermediate sanctions
Provides means for offenders ho are not dangerous to repay their victims and communities. Promotes rehabilitaion and reintegration of offenders into the community, and less expensive.
Intensive Supervision probation (ISP)
Control of offenders in the community under strict conditions by means of frequent repoting to a probation officer, allows offenders to live at home under restrictions, and protects the community and deters the offender from breaking the law or violating the conditions of release.
Drug court
Special court that treats, sanctions, and rewards drug offenders with punishment. Less severe incarceration
Types of drug courts
Veterans, DWI, family, federal reentry, juvenile, reentry, tribal leaing to wellness, back on TRAC clinical justice model
Fines
Finacial penalties used as criminals sanctions, is restricted to nimor misdemeanors and ordinace violations.
Day fines: Finacial penalty scaled to defendats ability to pay the seriousness of the crime
Community service
Sentence to serve a specified number of hours working in unpaid positions.
Guidlines for developing community service programs
Enhance public safety
Intergrate the offender into the community
contribute to principles of retorative justice
gain public support for programs and promoting acceptance of offenders
enhance the self esteem of offenders
provide value to government, the communit, and non profit organizations
Provide valuable transferable skills to offenders
balance community service with other responisablites
Restore public confidence in offenders
maintain public conidence in the justice system
Day reporting centers
Nonresidential facility to which an offender reports every day or several days a week for supervision and treatment.
must obey cerfew
preform community service
drug testing
Remote location monitoring
Technologies tht probation and parole officers use to monitor remorly the physical location of an offender, cost less than incarceration.
Goals of remote location Monitoring
Incpacitiates the offender by restricting him or her to a single location
Forces the offender to stay home when not at work/school/community service
Contributes to rehablititaon by allowing the offender to remain with their family and continue employment, education, or vocational training
Residential reenty centers
Meduim security correctional setting that resident offenders are preitted to leave regulary, unaccompanied by staff. Must returnto a locked facility each evening