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probation is..
like being grounded, you have limitations on your lifestyle and have extra work to do to stay out of being incarcerated.
what is community corrections?
when a person is on probation but remains in community. the “correction” in their behavior gets fixed while during probation
what is the opposite of community corrections?
incarceration (putting someone away in jail/prison), doesn’t necessarily correct any behavior most of the time though
in custody? pretrial release:
bail or ROR
what is the order of the hearings in a court process?
1st appearance
rule 8
omnibus (probable cause)
plea hearing
not guilty, guilty, or plea alfred
final hearings are: trial OR sentencing
what are POs?
they can do a bail study at the first hearing, can show up at a sentencing hearing (PSI)
indeterminate
range of time the defendant is sentences to
determinate
a set time w/ early release for good behavior
definite
a set time w/ no early release
what do all the ways of sentencing have in common?
they talk about prison, and felony level crimes
what is the difference between a bail and a bail bond?
bail bond: it’s like a loan w/ interest, people WILL hunt you down down | bail: fixed money you put up yourself and get it back with compliance
what does PA do regard to bail?
a bail study
retribution
(balance w/ crime and punishment)
incapacitation
remove from society
deterrence
motivate a person to do away from crime
Pretrial screening
higher points → less chance of ROR
felony charges higher points
less than 3 months living in MN
use of a weapon
living alone, employed less than part time or not full time student
under 21
failed appearance in court, or have prior felony or gross misdemeanor conviction with full time
Issues with pre-trial detention?
not found guilty yet
puts an unfair advantage on people with money
employment
freedom
family
pick any jail roster — who is in custody?
diversion
a program certain suspected criminals are offered which removes them from court process
no formal charges
must comply w/ conditions or formal charges can be brought and require you to go to court
pretrial supervision
for a pretrial release the court can issue conditions —- to insure those conditions are met a probation agent supervises checks in on, verifies location, performs testing, etc.
conditions that you don’t use alcohol or drugs often require UA’s and testing can cost defendant money
sentencing options
probation - supervision and conditions
jail - incarceration w/ limited release for school or work
combination - sentences can give a person some jail and once
prison - felonies only see sentencing guidelines
PSI
probation agents are in charge of gathering information about the client in order to make a sentencing recommendation to the court
through interviews of client + collateral contacts
conditions of probation
remain law abiding
pay fine and restitution
maintain employment (school)
refrain from alcohol or drugs
curfew — don’t leave state
treatment or classes
meet with probation agent
restorative justice circle — VOM
apology letter to victim/communtity
community work service
give presentations to the youth
finish high school/GED