Chapter 10. Community Sentences: Probation, Intermediate Sanctions, and Restorative Justice

probation:

A sentence entailing the conditional release of a convicted offender into the community under the supervision of the court (in the person of a probation officer), subject to certain conditions for a specified time.

judicial reprieve:

The common-law practice that allowed judges to suspend punishment so that convicted offenders could seek a pardon, gather new evidence, or demonstrate that they had reformed their behavior.

recognizance

The medieval practice of allowing convicted offenders to go unpunished if they agreed to refrain from any further criminal behavior.

Sureties

During the Middle Ages, people responsible for the behavior of an offender released before trial.

probation rules

Conditions or restrictions mandated by the court that must be obeyed by a probationer.

revocation

An administrative act performed by a parole authority that removes a person from parole, or a judicial order by a court removing a person from parole or probation, in response to a violation on the part of the parolee or probationer.

suspended sentences

A prison term that is delayed while the defendant undergoes a period of community treatment. If the treatment is successful, the prison sentence is terminated.

presentence investigation

An investigation performed by a probation officer attached to a trial court after the conviction of a defendant.

intake

The process in which a probation officer settles cases at the initial appearance before the onset of formal criminal proceedings; also, the process in which a juvenile referral is received and a decision is made to file a petition in the juvenile court, release the juvenile, or refer the juvenile elsewhere.

Risk Classification

Classifying probationers so that they may receive an appropriate level of treatment and control.

Motivational interviewing

A technique that increases the probationers' awareness of their potential problems by asking them to visualize a better future and learn strategies to reach their goals.

day fees

A program requiring probationers to pay some of the costs of their treatment.

Intermediate sanctions

Punishments that fall between probation and prison ("probation plus"). Community-based sanctions, including house arrest and intensive supervision, serve as alternatives to incarceration.

Fine.

A money payment levied on offenders to compensate society for their misdeeds.

day fines

Fines geared to the average daily income of the convicted offender in an effort to bring equity to the sentencing process.

Forfeiture

The seizure of personal property by the state as a civil or criminal penalty.

Zero tolerance

The practice of seizing all instrumentalities of a crime, including homes, boats, and cars. It is an extreme example of the law of forfeiture.

Restitution

A condition of probation in which the offender repays society or the victim of a crime for the trouble and expense the offender caused.

Monetary restitution:

A sanction requiring that convicted offenders compensate crime victims by reimbursing them for out-of-pocket losses caused by the crime. Losses can include property damage, lost wages, and medical costs.

community service restitution

An alternative sanction that requires an offender to work in the community at such tasks as cleaning public parks or working with disabled children in lieu of an incarceration sentence.

shock probation

A sentence in which offenders serve a short prison term before they begin probation to impress them with the pains of imprisonment.

split sentences

A practice that requires convicted criminals to spend a portion of their sentence behind bars and the remainder in the community.

Intensive probation supervision (IPS)

A type of intermediate sanction involving small probation caseloads and strict monitoring on a daily or weekly basis.

house arrest

A form of intermediate sanction that requires the convicted offender to spend a designated amount of time per week in his or her own home—such as from 6 p.m. Friday until 8 a.m. Monday.

electronic monitoring (EM)

Requiring convicted offenders to wear a monitoring device as part of their community sentence. Typically part of a house arrest order, this enables the probation department to ensure that offenders are complying with court-ordered limitations on their freedom.

Residential Community Corrections (RCC)

A nonsecure facility, located in the community, that houses probationers who need a more secure environment. Typically, residents are free during the day to go to work, school, or treatment, and they return in the evening for counseling sessions and meals.

Day Reporting Centers (DRC)

Nonresidential community-based treatment programs.

Sentencing circle

A type of sentencing in which victims, family members, community members, and the offender participate in an effort to devise fair and reasonable sanctions that are ultimately aimed at reintegrating the offender into the community.