CJC 204 Exam 2 Corrections and Classification

Jails vs. Prisons

Jails

• county/local institutions

• Mostly pre trial

• Stay of hours-months

• Constant churn

• Tasked w screening, stabilizing, and classifying

• Programming can be difficult

Prisons

• state/federal institutions

• Mostly convicted

• Year+ stay

• Stable population movement

• Tasked w long term confinement

• Programming has more predictable eligibility and duration

Intake screening

Rapid process used to identify immediate risks requiring action

Jails should identify the most urgent risks before it possess complete information

Initial Classification

Assigning custody, housing, and services based on security risks and needs

Considerations in classification

• current charge and legal status

• Criminal and institutional history

• Violence, escape, gangs history

• Age, gender, physical vulnerability

• Medical and mental health needs

• Codefendants, witnesses, or known enemies

• Program/accessibility needs

Purpose of intake screening and classification

The purpose is to identify characteristics of factors in an individual that we can use to find an environment better suited to them

What dies it mean to say jails are a revolving door

Refers to the constant turnover of ppl held in jail. This arguably creates the central problem of the jail institution cuz they have to manage a whole bunch of stuff like

• mixed legal statuses and offense types

• Acute needs concentrated on admission

• Incomplete info abt new arrivals

• Unpredictable release dates

• Short stays that interrupt treatment and programming

Four Pressures on Jail Management

1. Volume: large numbers of ppl that must be processed

2. Mobility: jail pops move into, out of, and within the institution constantly

3. Vulnerability: acute medical, psychiatric, and safety needs

4. Capacity: limited beds, staff, services, and info

define and explain how they complicate the management of prisons

how do issues like overcrowding/inmates with substance abuse issues/mental health issues/violence prone complicate the management of prisons?

• overcrowding

  • Can lead to floor sleeping, shifts of hot bunking, sanitation issues, and violence

  • Substance abuse/mental health

    • Ppl intoxicated or experiencing withdrawal, shock confinement

These complicate the management of prisons because youre essentially mixing a bunch of people experiencing stress or instability for different reasons (lack of sleep, territorial, withdrawal, shock) which could lead to high tensions and potential violence

Pretrial Detention (jails) - what options does a judge have available to them when making decisions about pretrial detention?

• Pretrial detention: defendant is sent to jail until next court date

• Release on recognizance: release on promise to come back

• Conditional release: released w conditions ex. Electronic monitoring

• Cash bail: release requires payment of a returnable, financial bond to the court aka incentive to come back for trial

Cash Bail

Judge sets a bail amnt

As a defendant you can

• pay full cash amnt

• Use a prosperity bond (House or smth to use as collateral)

• Hire a jail bondsman

Pretrial Fairness Act

• abolished monetary conditions of release

• Defendants assumed eligible for release

• Courts must use least restrictive necessary conditions

• Detention limited to statutorily eligible cases (forcible felony, sex offenses, DV, weapons offenses) otherwise ur released maybe w conditions

Arguments for and against abolishing cash bail

For:

• reduce wealth based detention

• Reduces jail overcrowding

• Preserves presumption of innocence

• Limits disruption to employment/family

• Saves money

Against:

• more ppl fail to appear in court

• Crime increase

• Victims feel less protected

• Public confidence in CJS system reduces

Affects of pretrial fairness act

Failure to appears have actually gone down after the act

Amnt of ppl in jail briefly went down before going back up → could be cuz fewer ppl are being admitted but the time spent there is getting longer

Probation vs. Parole

Probation:

• served in the community

• Subject to adhere to conditions

• Usually replaces incarceration

• Imposed by a court

• Begins at sentencing

Parole

• served in the community

• Subject to adherence to conditions

• Usually follows incarceration

• Allowed by parole board

• Begins after release

How does probation compare to the other main 3 types of sanctions

55% of individuals under correctional supervision in the U.S. are on probation, which is obviously a large chunk, and is followed by prison, and jail and parole have equal amnts

Where did the idea of probation come from and what is its purpose?

John Augustus paid for, supervised, and helped rehabilitate offenders selected based on age, offense, character, and likelihood or rehab

The overall purpose is to

• reduce incarceration/overcrowding

• Reduce cost

• Proportional punishment

• Promote rehab by maintaining community ties

• Maintain public protection and accountability

Dual Roles of Probation Officers

Law Enforcement Role:

• monitor behavior

• Detect violations

• Enforce conditions of sentence

• Protect public safety

Social service role

• Aid reintegration

• Develop skills and motivation

• Address barriers

• Service referrals

Authoritarian Supervision Style

Core approach → strict, inflexible, and rule bound

High enforcement

Low support

• ppl often feel they cant trust or confide in them out of fear of punishment

Permissive Supervision Style

Core approach → passive, lax, and inconsistent

Low enforcement

High support

Authoritative Supervision Style

Core approach → firm but fair

Medium enforcement and medium support

EPICS Model

Tries to bring evidence based practices into standard officer client meetings. It teaches POs

• match inteverntion intensity to risk

• Focus on criminogenic needs

• Build therapeutic alliance w client

• Use cognitive behavioral and social learning strategies

Standard Probation Conditions

Imposed on all ppl sentenced to probation in a given jurisdiction

• report to adult probation

• Pay required reporting fees

• Pay fines, fees, and court costs

• Do not violate the criminal statute of any jurisdiction

• Can possess weapons

• Notify adult probation of address change

• Do not leave the state of IL wo approval

• Comply with reporting and treatment requirements

• Submit to DNA indexing

Special Probation Conditions

Imposed individually, tailored to the offenders unique offense, risk factors, and/or circumstances

• pay restitution

• Obtain or maintain employment

• Attend school

• Submit to random drug testing

• Perform community service

• Attend cognitive behavioral programming

• Complete a behavioral health evaluation

• Complete behavioral health treatments

• Register as an offender on any specified registry lists

• Observe a curfew

Technical Probation Violation

Failing to follow administrative conditions set by the court

Substantive Probation Violation

Committing crimes while on probation

what sorts of issues do probationers face when trying to adhere to their conditions?

There are hidden costs to probation

• sometimes you have to pay restitution/compensatory payments to the victim

• Fines: for deterrence purposes

• Fees for drug testing, EM, treatment etc

what options do probation officers have available to them when they detect a violation of conditions?

1. Deal with the issue formally aka report the violation, await court decision, and modify, continue, or revoke current probation plan/conditions

2. Informally / administrative response

Intermediate Sanctions

Broad set of alt sentences that might be imposed and lie somewhere be probation and prison

Intended to provide

• greater accountability

• More intensive monitoring

• Proportionate sentencing option

• Structure and treatment

• Alt to incarceration

Types of intermediate sanctions

1. intensive supervision probation

2. house arrest and EM

3. boot camps

4. Day reporting centers

5. Residential community corrections

6. Problem solving courts

Intense supervision probation

Probation involving smaller caseloads (less than/equal to 25), more frequent contact, closer monitoring, or additional requirements

• focus on high risk clients

• Frequent random urinalysis

• Strict curfews

• EM more punitive sanctioning

House arrest and EM

Sanction that requires a person to remain home during specific periods

Can be either curfew, home detention, or home incarceration

EM is tech used to track location to monitor where someone can/cant go

Boot Camps

Military discipline, physical conditioning, hard labor, immediate punishment

Improves self esteem and conduct but doesnt do much for recidivism

Project HOPE

Focused on drug offenders, enforced clear rules, random drug testing, swift/certain/proportionate sanctions

Saw success in Hawaii (reductions in pos drug tests, missed appointments, rearrests)

On mainland this wasn’t the same, main difference was that POs in Hawaii were trained and offered treatment as well as supervision while these guys were only offering treatment when necessary and upping intensity of supervision

Rehabilitative Ideal (Penal Welfarism)

• crime = social problem w social causes

• Faith in experts

• Belief that rehab could fix or cure

• Rehab>retribution

• Individualized sentences or treatment

factors associated with the collaps of the rehabilitative ideal

• public distrust in government

  • Vietnam, watergate, Econ recession, rising crime, increase in Econ inequality

• Right though rehab was too soft, left thought it was too discretionary

• Ppl were anxious abt crime in general

through what policy/legal mechanisms did the mass incarceration movement replace the old approach to criminal justice

Culture of control, crime became major political issue and symbol of broader social disorder and ppl didnt rlly believe in rehab anymore

Policies:

• mandatory min

• Truth in sentencing

• 3 strikes and habitual offender rules

• Drug offending crackdowns

• Intensive supervision

Reception and Classification Center

After being sentenced to prison convicted ppl go here to undergo interviews/tests to determine where you go

Classification is based on

• offense

• Criminal history

• Institutional behavior

• Gang involvement/mental health/substance abuse needs

The point here to find a place for an individual that can address all their needs and avoid issues or things clashing

3 main security classifications for prisons in terms of who serves in each, daily life, and access to programs

1. Min security

   1. New release, low risk/non violent, min barriers, dormitory, free movement, work release opps

2. Medium security

   1. Most common, mix of violent/nonviolent, securing fencing, cells w 2-4 inmates, scheduled and controlled, on site programs

3. Max security

   1. Violent/escapees, walls and guard towers, single cell, limited work opps, often restrains or enclosed

Total Institution + 4 main characteristics

Where a large number of like situated individuals are cut off from wider society for a period of time and together lead an enclosed and formally administered round of life

(Mental asylums, prisons, concentration camps, boarding schools, monasteries)

1. Single authority

2. Batch principle: they do everything together in batches

3. Tight scheduling

4. Master goal: activities are designed to fulfill the goals of the institution aka not individual

Mortification of the Self

Where the civilian identity is tripped away and replaced by an institutional one

Pains of Imprisonment

1. Deprivation of liberty

2. Deprivation of goods and services

3. Deprivation of autonomy

4. Deprivation of security

5. Deprivation of relationships

Deprivation Theory

Prison subculture develops as a result of the pains of imprisonment rather than individual characteristics

• deprivation of goods and services → creation of black market

• Deprivation of security and freedom → inmate code, gangs

• Deprivation of autonomy → resist staff when possible

Importation Theory

Inmate subculture is imported into the prison from the outside world, its the ppl not the place

Skarbek's Governance Theory of Prison Gangs

Gangs start as a form of prison governance where official administration fails

Other than crime.violence gangs create predictable rules and penalties, resolve disputes, hold members accountable, make illicit economies possible, manage scarce resources

Principal-Agent Problem

Happen when one party (principal) hires another party (agent) to perform a task on their behalf, the agent has its own interests, goals, and control of info

Corps involved in private prisons act as an agent for the stat. They have their own motives and incentives, mainly profit, which is achieved by lowering pay, reducing quality/availability of services, occupancy quotas, limiting staff training, and lobbying politicians

do private prisons work as intended?

Lowkey no

3 main types of prison labor

1. Institutional jobs

Pretty good pay

1. Correctional industries

2. Private sector partnership

Pretty good pay

why is prediction central to corrections

We want to know

Clinical Prediction

Actuarial Prediction

RNR model

Risk Principle

what is it? why do we classify people this way, what happens if we misclassify

Need Principle

what is it

Static Risk Factors

Dynamic Risk Factors

Responsivity Principle

specific and general

Motivational Interviewing

REDS Principles

Cognitive Behavioral Therapy (CBT)

thoughts → feelings → behavior