corrections test 2

where is community-based corrections traced back to?

English common law

judicial reprieve

permitted judges to suspend judgment and consider a pardon for an offender or new evidence

recognizance

permitted offenders to remain free if they promised to pay their debts to the state

sureties

individuals who would agree to make themselves responsible for offenders who had been released from custody

what did John Augustus do?

• believed in an early form of probation

• over 18 years, he bailed out and supervised about 2000 probationers

when did Boston formalize probation?

1859

what is reintegrative philosophy?

• aimed at returning offenders to the community as soon as possible

• must rebuild social ties

• required expansion of community-based corrections programs

why was probation popular with the courts?

the cost-effectiveness

when was the community corrections revolution?

1960s

the community corrections act is a….

state-based laws

what do states that participate in the CCA receive?

subsidies for diverting minor offenders from state prisons

true diversion

prosecution is dropped upon successful completion of the program

minimization of system involvement

attempts to minimize offenders contact with the justice process

deferred prosecution

• does not require a guilty plea or admissions of fact

• offender voluntarily serves a period of probation in lieu of court appearances and formal changes

deferred judgment

• The offender admits to all or part of the charges before a plea is entered on the record

• serves a period of informal probation

• sometimes called probation before judgment (PBJ)

treatment alternatives to street crime (TASC)

• screening unit

• intake unit

• tracking unit

what do problem-solving courts focus on?

focus on one type of offender or offense

case-management collaboration

inclusion of judge, probation, defense attorney, prosecutor, and social service agencies

types of problem-solving courts

• drug courts

• domestic violence courts

• DUI courts

• veterans coourts

• teen courts

probation

punishment that permits a convicted offender to remain in the community under the supervision of a probation officer and the subject to conditions set by the court

what is the most common criminal sanction?

probation

conditions of probation often include…

• commit no further crimes

• Meet with a probation officer

• payment of financial restitution

• community service

• drug or alcohol testing

• regular employment

how many adults are on probation in the U.S.?

nearly 4 million

who runs probation departments?

all probation departments are local to an extent

probation and parole?

sometimes they work together, but in some bigger areas they separate

privatization

mainly run by government agencies (may get help from private companies)

• resources may come from private companies

federal probation

U.S. probation are pretrial service of the U.S. district courts

basic functions of probation officers: casework management and other administrative duties

filing court documents and a chronological listing of contact with the probationer

basic functions of probation officers: supervision, investigation, and surveillance

transition from counseling to enforcement

basic functions of probation officers: pre-sentence investigation reports

helps the court decide whether to grant probation

disclosure of PSI reports

defense attorneys can challenge any disputable statements

civil rights

the U.S. Supreme Court has ruled probationers are entitled to fewer constitutional protections

revocation of probation

formal hearing with certain procedural due process rights

what does intensive supervised probation (ISP) do?

• allows probationer to live at home but under relatively strict restrictions

• increased amount of contact with probation officers

• may be used by the court in a variety of different forms

what are the outcomes of intensive supervised probation (ISP)

• participants have more technical violations than traditional probationers because of increased supervision

• criticism that programs sacrifice treatment services fo surveillance and control

intermediate sanctions

forms of community sentencing that include intensive forms of probation plus a variety of add-ons that range from fines to boot camp

why did the intermediate sanctions emerge during the 1980s?

• the belief that prisons were overused for offenders who did not require secure confinement

• prison overcrowding

• wide public support for “just deserts” sentencing structures

intermediate sanctions helped to….

reduce prison overcrowding, which resulted in lower recidivism rates

Intermediate sanctions were…

cost-saving alternatives to incarceration

intermediate sanctions also…

• can fill the gaps left by incarceration and/or probation

• can serve the needs of offenders who would ordinarily be sent to prison but are a low risk of reoffending and pose little danger in society

intermediate sanctions - fines -

a sanction that requires convicted offenders to pay a specific sum of money to the court

how many fines are collected each year in the U.S.?

over $1 billion

fines were ____ to collect from offenders

difficult

intermediate sanctions - fines - day fines

take a percentage of an offender’s daily income rather than a fixed sum of money

why were day fines created?

to equalize the financial impact of sentences

what are some examples of intermediate sanctions

• fines

• forfeiture

• financial restitution

• community service

• house arrest

• electronic monitoring

forfeiture

the government seizing property that was derived from or used in criminal activity

civil forfeiture

to confiscate property used in law violation and remove the illegally gained profits from violators

criminal forfeiture

following conviction, offenders must relinquish assets related to the offense

limits to forfeiture

8th amendment—-cant be excessive

financial resitution

payment of a sum of money to the victim or a public fund for victims of crime based upon the crime and the offender’s ability to pay

what does financial restitution do?

• helps victims regain lost property and income

• limited monetary loss

community service

requires an offender to perform a certain number of work hours at a private nonprofit or government agency

community service details

• the number of hours varies significantly

• common projects include street or park clean-up, service in hospitals, and repair jobs in the community homes

• used in all 50 states

house arrrest

order an offender to remain confined in their residence for the duration or remainder of their sentence

electronic monitoring

use of electronic equipment to verify offenders whereabouts during specified hours

Electronic monitoring systems

• active phone line

• passive phone line

• remote location monitoring

• global positioning systems

active phone line

the transmitter is attached to the offenders ankle, and a receiver inside the offender’s home sends a continuous signal to a central officer

passive phone line

lacks continuous signal of the transmitter to receiver, the offender must respond to randomly generated phone calls within a short frame to verify location

remote location monitoring

monitors offenders periodically or continuously by responding to pages from a probation officer

• uses voice and number verifications

global positioning systems (GPS)

satellite monitoring and remote tracking (SMART) program monitors offenders fitted with a GPS receiver and ankle transmitter device

approximately ___ % of offenders on community supervision in the U.S. are monitored using GPS or radio frequency (RF) tracking

20

EM is liked for its…

low cost and high security

specialized courts

• variety has widened the scope of intermediate sentencing

• partnerships between courts and community stakeholders

• provides greater accountability for offenders and creates better community outcomes

• “collaborative justice” movement

what are the specialized courts?

• drug courts

• homeless courts

• community courts

why were drug courts designed?

for nonviolent offenders with substance abuse problems who require integrated sanctions and services

how many drug courts are in the U.S.?

more than 3,400

drug courts have been found to…

produce comparatively lower rates of recidivism but is contingent on successful completion

why were homeless courts created?

they began in San Diego, CA, in 1989 over frustration of the treatment of homeless defendants

they also require a high degree of collaboration

homeless courts seek to….

improve the lives of an offender

• typically involves some therapeutic treatment

• also has low recidivism rates

what are community courts?

neighborhood-focused courts to address local problems

what do community courts do?

engage community stakeholders to bolster trust in the justice system

where was the first community court?

Manhatten, NY - Midtown Community Court

what is the goal of community courts?

to develop meaningful sanctions that improve the lives of victims, community, and defendants

day reporting laws

A facility where an offender, usually on probation, must report every day to participate in counseling, social skill training, and other rehabilitative activities

residential community corrections centers

provide a last chance before an offender is sent or prison or those who have violated parole stipulations

how many state and federal community-based facilities are there?

more than 1,800

boot camps

a military-style program or facility or often used as

• an alternative to prison to deal with prison crowding and public demands for severe treatment

• diversion program for youth

what were critics concerned about with boot camps

dehumanization and aggressive treatment of residents

restorative justice

• community conferencing and circle sentencing

• family group conferences

• reparations and restitution

• restitution programs

• victim-offender conferencing

which is the preferred restorative justice program for juvenile offenders?

family conferences

when was restorative justice adopted by the criminal justice system?

in the 1980s

origins of the jail in medieval england

initially held suspects for trial but gradually served the dual purposes of detention and punishment

who many prisoners could colonial jails hold?

up to 30

what was often nearby the medieval jails?

stocks, pillories, and whipping posts

early 19th century jails

jails housed children, enslaved individuals, and individuals with debt, mental illness, and physical illness

• as the century progressed, children and people with mental illness were institutionalized elsewhere

jails began to house both pretrial accused and post-trial convicted

3 types of local correctional facilities

• Jails are typically run by the county sheriff and authorized to hold individuals pending trial and individuals convicted of misdemeanors for periods longer than 48 hours

• Lockups are temporary holding facilities typically located in municipal police stations to hold people for short periods

• Workhouses or houses of correction operated by cities or counties that hold convicted inmates sentenced to short terms

characteristics of jails

• They are diverse regarding the size of the operation, problems they face, and programming

  • Vary by state and jurisdiction

  • Most are small/some are huge

• Challenges vary from one jail to another

  • Some may face overcrowding, staff corruption, sexual victimization of inmates, and inadequate staffing

Cook County Jail

• largest jail in the U.S.

• houses approximately 7,500 inmates daily

jail functions

• Hold individual’s pretrial

• Hold convicted individuals for sentences less than a year

• Hold convicted individuals awaiting sentencing

• Hold individuals on retainer warrants or accused of parole/probation violations

• Temporary holding for juvenile offenders

• House witnesses in protective custody or being held prior to trial 

• Holding individuals for contempt in court

• Keeping incarcerated individuals about to be released from prison sentences

who runs the jails?

• Sheriff's department runs the jails in over 3,000 counties

  • The sheriff is an elected official and politically accountable

  • Jails are political institutions

• Alternatives to local sheriff control of jails

  • State-run jails

  • Cooperative (regional) arrangements

  • Some efforts to turn jails over to private management

initial booking and classification

• Jails have central areas for booking is the process of admitting an individual who has been arrested or sentenced to jail, including:

  • Identification

  • Fingerprinting

  • Property inventory

• May be released on bond or ROR, otherwise classified and sent to housing unit

why have the number of juveniles in jail declined by over 21% from 2019-2020?

largely due to the Juvenile Justice and Delinquency Prevention Act and the Juvenile Justice Reform Act

what has created healthcare challenges in the last decade in jails?

the increase in the elderly popoulation

genders of the jail population

• Males are incarcerated at a rate more than 7 times that of females

• More than 69,000 women are currently incarcerated in jails

• Jail statistics are based on assigned biological sex and do not consider the rates of nonbinary or transgender individuals

there are more ____ individuals incarcerated in jail at 47% than ____ (37%) or ____ population (15%)

white, black, hispanic

based on representation in the population, black individuals are times more likely than Hispanic and ___ times more likely than white individuals to be in jail

3, 5

socio-economically disadvantages individuals are

• The least likely to make bail

• Most likely to commit petty offenses

• Most likely to have mental health issues

• Most likely to be considered flight risks 

• Often unable to afford restitution

first generation jails: linear/intermittent surveillance

Focus on staff providing linear/intermittent surveillance of incarcerated individuals, which they do by patrolling the corridors and observing incarcerated individuals in cells

second generation jails: indirect/remote surveillance

Staff use remote supervision as they remain in secure control booths surrounded by inmate pods or living areas