CJ 2050 exam 2

What is the first thing an offender goes to and sees?

Jail

Most people in jail are?

Legally innocent - not convicted

What are jails used for?

punishment for misdemeanors and holding those you are awaiting trial

How long is the punishment for a misdemeanor?

less than a year

What population has the largest population in jail?

pretrial

Pending revocation def.

committing a serious offense while on probation and parole and waiting for the judge to decide what to do

How do they alleviate overcrowding in prions?

leave them in jail

Jails are also used to?

Hold people who are pending transfer to mental health hospitals and waiting extradition to another state

Small sanctions include:

contempt of court, probation and parole violations

Staffing in jails vs. prisons

• Sheriffs departments operate jails 

• Prisons are run by department of corrections and they are run by the governor 

• Jails are staffed with sheriff's deputies 

• Prisons are staffed with correctional officers trained for prisons 

• Jails are more unsafe than prisons because the staffing and everyone is in the same wing compared to prions were people are separated on certain things

Length of stay in jails vs. prisons

• Jails - misdemeanors and less than a yr 

• Prisons - felonies and more than a yr 

Programming in Jails vs. prisons

• Use to be treatment 

• Asist inmates with education, rehab, GED’s, anger management, substance abuse treatment, etc. 

• Jails don’t normally have access to programming 

What drives pretrial release decisions?

• Risk of re arrest or violence 

• Flight risk - likelihood to come back 

  • Severity - what your being charged with - life or 1 yr 

  • FTA - failure to appear - transportation

How are people released?

• ROR - for misdemeanors; low level offenders; normally in the community 

• Secured bond - put up a deposit that if they don’t show to court they take the money; avg amount: $10k 

• No bail - judge refuses bail; can’t get out 

  • Preventive detention - know your high risk but give you bail anyways like $500k

  • Bail bonds - pay your bond so you get out but you pay back w/ 10-12% interest make sure you show up (don’t get your money back after trial)

What are critical challenges in jails?

• Mental illness and homelessness as populations drivers 

  • 44% of jail population 

• Overcrowding 

• Suicides - leading cause of death in jails 

• Solutions? 

  • Don’t have programming like in prisons 

  • Likely to be victimized by other inmates

Probation explanation

felony sentence; not diversion still sentenced; making sure they don’t reoffend or get back in prison

Probation is what?

Probation is the most common sentence in US courts

Types of probation

• Misdemeanor - make sure they pay fees or community service  

• Juvenile - check their house and school 

• Adult - about 17 can go to your house or work and take you in at any time 

• Federal - ^

Cost of probation

• $31-35k to keep an average inmate in custody 

• For probation $2-3k 

• For parole $3-4k 

Effectiveness of parole

• More effective than being in custody 

• More effective to supervise in community than custody

Oversight of probation

• You better do this or else 

• Probation officers enforce this 

Probation is not ________________

Diversion

Examples of probation conditions

• Payment of supervision fees 

• Can’t leave state w/o permission 

• Be employed or in school 

• Don’t possess or use illegal or banned substances 

• No new arrest or convictions 

• No associating w/ known felons 

• No possessing any dangerous or illegal weapons 

• Agree to searches of home, vehicle, and person

Consent to search anytime, and anywhere

• Agree to searches of their person, property, place of residence, vehicle, or personal effects, or any or all of them, at any time, by the probation or parole officer assigned to him or by any probation or parole officer 

• A probation officer can detain a probationer at any time that they reasonably suspect that the individual has committed or was about to commit a probation violation, or cause harm to others or themselves 

• Reasonable suspicion - less than probable cause 

Violations and sanctions

• Technical violations - most common, mostly less serious, breaking the general conditions, testing positive, not showing up for meeting w/ prob. Officer, etc. 

• Absconding - serious technical violation, to avoid being caught, just moving your apartment 

• New offense violation (new arrest) - most parole is revoked because of a new charge, if it’s a misdemeanor then it's considered tech. Violation, felony is revocation

Sanctions

Administrative (graduated sanctions) - less than revocation, lesser sanctions, next time this happens this happens, have to address the problem, build up

Revocation

• violation hearing will be held in court with sentencing judge 

• Probation and parolees have due process rights 

• Probation: judge decides revocation - lower risk 

• Parole: parole board decides - higher risk b/c come from prison

When sentenced to prison they start looking at what?

your history and start to classify you based on

Classification

• Severity 

• Increase recidivism 

• Charge type 

• Protective custody 

• Previous charges 

• Education 

• Criminal history 

• Medical history 

• Mental health 

• Substance abuse 

• Family and victims history 

• Gender 

• Threat level (apart of gang)

• Behavior history 

Minimum prison security level

• Low risk inmates 

• Can wear own clothing, but routine is regimented 

• Relatively uncommon 15% of federal prisoners

Medium prison security level

• Prison infrastructure (razor wire and guard towers) 

• Dorm style housing b/c cheaper and socialization 

•  Tend to have the highest rate of violence b/c the # of people

Maximum prison security level

• Inmate separation 

• Angola - largest max security prison in the U.S.

Supermax prison security level

• Extreme isolation 

• Cicra 40 in the u.s. 

• Primary objective control

Internal classification def.

classification within the prison

External classification def.

what facility are you going to

Prison programming

• Education 

• Substance abuse 

  • 65% considered “addicted”

  • Just 12% enroll in treatment 

• Health 

  • ½ of population suffer from mental illness 

• Employment 

  • $0-1.40 an hr 

• Recreation 

  • Used as leverage for control

Probation success rate

62% complete successfully

Parole success rate

• Less than ½ 46% complete supervision successfully 

• ½ of all paroles return to prison within 3 yrs 

Challenges in reentry

• Housing - ½ way houses 

• Employment 

• Mental issues 

• Substance

Supervision is based on what?

Risk, Needs, Responsibility

Risk

 likelihood of rearrest or to commit violence

Needs

reas that probationers need help (mental health, drugs, criminal history, etc.)

Responsibility

responsiveness to intervention

Risk based supervision

Low: quarterly 

Moderate: one a month or every other month 

High: twice a month 

If you supervise on the wrong level then what?

The offender may get worse