What is community corrections?
Any sanctions in which offenders serve a portion of or their entire sentence in the community
Seek to repair the harm the offender caused the victim or the community and to reduce the risk of re-offending in the future
What types of programs are found in community corrections?
Probation
Intensive supervision probation
Restitution & fines
Community service
Substance abuse treatment
Day reporting
House arrest & electronic monitoring
Halfway houses
Boot camps
Prisons and jails
Is it used pre-adjudication or post-adjudication?
Can be imposed either pre or post- adjudication of offender's guilt
How many people are currently under some form of correctional supervision?
7 million people
What percentage of the population is under some form of correctional supervision?
about 3% of the total adult population
As of 2010, how many people were under community supervision?
4.2 million offenders were on probation, and over 819,000 on parole
How does that compare to those that are incarcerated?
2.4 million offenders were incarcerated in jails & prisons
What does the book mean by a paradox in the criminal justice system?
Correctional policy shifts between what we can afford, changes in public perception, & what is important to vocal constituents
Know the role of corrections at three major decision points and the main topics discussed in each point.
Bail-Following arrest, defendants may be released on their own recognizance or required to post bail
Pretrial supervision is correctional supervision of a defendant who is not convicted and...
Accounts for defendant's whereabouts
Allows defendant to prepa
Know the goals of community corrections (be able to identify the two that were emphasized in class) and know the theories behind the goals.
Goals-
Punish offenders
Protect the public-
Address victim's needs
Change offender's attitudes & behaviors-
Theories-
Principles of effective correctional intervention-Early risk assessments
Focus on high risk offenders
Use of cognitive-behavioral treatme
What are evidence-based practices
using current best practices or interventions for which there is consistent & solid scientific evidence of success
What is the purpose of evidence-based practices in community corrections
Assessment shows that practices work to meet intended outcomes & are open to periodic measurement, evaluation, & dissemination of practices & interventions
What are the main three ways that recidivism is measured?
Rearrest
Reconviction
Reincarceration
Which is more expensive - incarceration or community corrections
incarceration
What is determinate vs. indeterminate sentencing
Determinate- flat-time sentences for each offender category
Indeterminate-parole boards determined readiness for release
Be able to name examples of each type of sentencing
Determinate-
Mandatory minimums for certain types of offenders
Truth in sentencing requires offenders serve at least 85% of sentence
Three strikes laws for third felony convictions
Sentencing guidelines for judges to follow when sentencing
Indeterminate-P
Which is more prevalent now and why?
Determinate, Support for indeterminate sentencingdeclined as people questioned whether prision rehabilitation worked and whether parole boards could accuratly detmine when offender were readly for release.
Also gave offenders more prision time then they w
What are sentencing guidelines
A matrix for a judge to use based on the offender's prior criminal record & the current conviction
What do they primarily focus on? sentencing guidelines
offender's prior criminal record & the current conviction
What influences laws and policies in the criminal justice system
fiscal crisis
How is program effectiveness generally measured?
rate of recidivism
Who does the book credit with being the founders of probation
John Augustus, Matthew Davenport Hill
Which populations did each of them focus on primarily
Alcoholics and juivenilas
What are the two types of suspended sentence
Suspension of imposition of sentence: when a verdict or plea is reached, but no sentence is pronounced & there is no conviction
Suspension of execution of sentence: the defendant is placed on probation & the conviction remains on the record.
What abolished federal parole and brought all federal prison releases under federal probation
The 1984 Comprehensive Crime Control Act
When was parole abolished in Virginia
1995
What is juvenile probation based on
Parens patriae
What is the Community Corrections Act
statewide agreements through which funds are granted to local governments to develop & deliver community correctional sanctions & services
Who receives the funding Community Corrections Act
local governments
For what purpose Community Corrections Act
Decentralize correctional sanctions & program design to better reflect community values
Provide for citizen participation
What is the general breakdown of number (or percent) of men to women on probation?
76, 24
What is the difference between mandatory release and discretionary release?
Mandatory release: offenders enter the community automatically when their maximum term expires minus credited time off for good behavior.
Mandatory release is decided by legislative statute or good-time laws.
Discretionary release: offenders enter the com
Understand the marks system used by Alexander Maconochie on Norfolk Island and how it relates to modern day corrections.
Implemented in 1840 by Alexander Maconochie, superintendant of the English penal colony on Norfolk Island
Duration of sentence determined by prisoner's industry & good conduct
Prisoners earned daily "marks" based on their conduct & labor
The more "marks
How was the Irish system similar to the marks system? Different?
Modeled after Norfolk Island by Sir Walter Crofton in 1854, based on:
Strict imprisonment
Indeterminate sentence
Ticket-of-leave
Prisoners released under the Irish System were supervised by police in rural areas and an inspector in Dublin.
What was the Medical Model used in the 1930-1960 based on? What did it have to do with parole?
Based on rehabilitation,
Assumed criminal behavior rooted in environmental & psychological aspects of offender's life & could be corrected
Parole & the indeterminate sentence were major parts of this philosophy
Judge sentences offender to an indeterminate
Why was there a switch from discretionary parole to mandatory release?
-change of determinate sentancing,
-correctional system poor abiliby to reduce redidivism, rehabilitae offenders,
-specalation it may be race related,
-poor public view,
-change to just deserts model
What is the model behind mandatory release?
they have to work for it, they need to show that they are ready to be realsed in order to get promission from parole board.
What are the contemporary functions of parole?
is tasked primarily with protecting the public from released offenders.
What must parole officers do to protect the public from parolees?
Enforcing restrictions & controls on parolees in the community
Providing services that help parolees integrate into a noncriminal lifestyle
Increasing the public's level of confidence in the effectiveness & responsiveness of parole services
What is medical parole?
compassionate release, is the conditional release of prisoners with a terminal illness who are not risks to the public's safety
Why is it becoming a more popular form of parole? medical parole
it is not popular?
cuts cost?
What are the pros and cons of it? medical parole
Cost effecent
Letting convicted people free
What is pretrial release?
defendants are released from jail while awaiting the next court appearance, during which time they can live & work in the community
What options to judges have for what to do with someone waiting for trial?
pre trail release
bail
keep
What option should a judge choose?
least restrictive option" available
What are the two main concerns that a judge takes into account when deciding to release someone on pretrial release?
failuar to appear and risk to the community
What other factors do judges take into consideration when deciding whether to release someone on pretrial?
current charges
outstanding warrants & pending charges
active community supervision at time of arrest
criminal history & history of failure to appear
history of violence & substance abuse
stability of residence & employment
community ties
What are the types of bonds?
ROR,
Unsecured bond,
surety bond,
desposit/collaeral,
conditional
Defendants on which type of bond are more likely to report for their court date? Why?
Unsecured Bond, Money is involved with all others (full bail amount)
Why are more defendants being detained pretrial?
Increase in immatration cases (flight risks)
Individual situations have changed
What is pretrial supervision
aka surity bond ,Defendants on supervision are typically required to call in weekly, comply with curfew, submit to drug testing, maintain employment & avoid contact with victims or witnesses
Probation is premised upon the following belifs
-Society has a right to be protected from person who casue members harm
-offenders have rights of protection
-victoms have right of protection
-humans are capible of change
-not all offenders have the same copasicty of willingness
intervinign in a offfend
What is diversion?
he suspension or removal of a case from further court action provided the defendant successfully completes the term of community supervision
What types of offenders are most appropriate for diversion?
juvenile or first-time felons
Certain offenses: theft, possession of controlled substances, DWI, domestic assault, prostitution
Offenders with special needs, such as mental health problems
What is sentencing?
the postconvistion stage in which the defendant is brought before the courts for formal judgment pronounced by a judge
What options does a judge have in sentencing an offender?
determinate sentencing-so say
indeterminate sentencing-has some descrition
What are they often restricted by in sentencing?
determinate sentencing is testricing
What are sentencing guidelines?
Originally set narrow, mandatory ranges of punishment based on the offense & defendant's prior criminal history
Who creates them? sentencing guidelines
Sentencing commissions
What two factors are they generally based on?
criminal history & offense level
What is the Supreme Court case that made federal sentencing guidelines advisory not mandatory?
Us V Booker
What year did this decision occur?
2005
What is the presentence investigation report?
The PSI is prepared by a probation officer to aid judges in the sentencing decision
Who does it? psi
probation officer
When is it done? psi
Completed after guilty plea / verdict but before sentencing
Who does it assist and how? psi
Judge, lets them know all about offenders life
How is the information in it verified? psi
obtains records for things like court documents, plea agreements, invest reports, probation/parole reports, pretirail sentings reports and so forth.
What is included? psi
Describes nature of the offense, offender characteristics, criminal history, loss to the victim & sentencing recommendations
What are the differences between the PSI reports of the 1920as-1980s and PSI reports now?
Offender-Based PSI Reports (1920s-1980s) were:
Offender-based & focused on rehabilitation
utilized in indeterminate sentencing structures
Offense-Based PSI Reports (1980s-Present):
Offense-based & focus on the crime committed
Utilized in determinate sente
What is the victim impact statement?
is a written or oral statement made as part of the judicial legal process, which allows a victim of crime the opportunity to speak during the sentencing of their attacker or at subsequent parole hearings.
What does it include? VIS
Includes physical injuries, & emotional and psychological toll on victim and victim's family
How are constitutional rights affected by supervision conditions?
A.A. meeting attendance as a condition of probation has been ruled unconstitutional on religious grounds by several lower courts
What are risk/needs assessments?
measures the probationer or parolee's degree of dangerousness to the public & their propensity to engage in future criminal activity
Why are they used? risk/needs assessments
safty for public and offender
Who uses them? risk/needs assessments
probation/poroll officres, prision jailes
What are static factors?
previous behavior, which has already happened & cannot be altered
Ex, using drugs
What are dynamic factors?
measure both negative & positive change over time
Ex, no longer using drugs
What are the 4 biggest predictors of recidivism according to our class discussion?
Anti-Social History
Anti-Social Cognition
Anti-Social Companions
Anti-Social Personality / Temperment
What are the 4 lesser predictors of recidivism?
Family
Substance Abuse
Employment / School
Leisure / Recreation
What is a case plan? Who creates it? How is it used?
an individualized, written plan that clarifies how each court-ordered condition is to be fulfilled by the offender & the officer based on identified risks & needs
Probation/ paroll Officer
Used by Surveillance: ascertaining that offenders are meeting the
What is thedifference between caseload and workload?
Case:the number of individuals or cases one officer can effectively supervise. The more intensive the supervision, the lower the caseload
Work: assumes number of hours needed to supervise each client based on their level of supervision & then calculates t
Know the legal issues concerning presentence reports.
Disclosure: limited to defendant & attorneys
Inaccuracies: error must be harmful
Hearsay: may be permitted
The Exclusionary Rule: does not apply
The Miranda Warning: is not triggered
The right to an attorney: is neither required nor prohibited by U.S. Sup
What are the differences between standard conditions of community supervision and special probation conditions? Know examples of both
Standard: Obey all laws, follow directives of supervising officer, work or attend school, refrain from substance abuse/ alcohol, submit to drug testing, obtain permission to move, report regularly to officer, pay supervision fees, agree to search at any t
What are the limitations of special probation conditions?
Clear & unambiguous
Reasonable
Related to the offense
Designed to protect society or rehabilitate the offender
Supervision conditions must be constitutional
What were the four justifications for the creation of parole? Which of them are still relevant today
Reduction in the length of incarceration as a reward for good conduct
Supervision of the parolee
Imposition of the indeterminate sentence
Reduction in the rising cost of incarceration
What are the 3 principles of evidence-based practices?
Risk
Criminogenic Needs
Responsivity
What does each entail?
Risk - Who is appropriate for particular programs?
Criminogenic Needs - What is being targeted?
Responsivity - How the offender is targeted for change?
not one for all
what are the levels of supervision? How are they used?
max, high, standard, & administrative
The categories specify the minimum amount of contact requirements, and include Type of contact, Location of contact, and Frequency of contact
What is cognitive-behavioral therapy? What examples does the book give of CBT?
an effective method of helping a person change. A blend of 2 different types of therapies: cognitive therapy that prepares the mind & behavioral change that conditions the body
What is motivational interviewing? What are the 4 basic principles of MI?
Considers community supervision as a two-way relationship between the officer & offender, affected by the offender's motivation to change, and with how the officer responds to & encourages change
Basic Principles:
Express empathy
Roll with resistance
Deve
Know the APPA purpose of probation, including their positions on and premises for probation.
It serves to educate and train members and to develop standards for the discipline.
Their position is to protect the public interest and saftey by reduicing the incidence and impat of crime by probationers.
-Assistist courts in making reports
-provide ser
What are OARS? What is the decisional balance? What are the stages ofchange?
Motivational Interviewing
Stands for Open Ended Questions
Affirm
Reflective Listening
Summarize
-----------------------------------------------------------------
Weight the pros and cons
------------------------------------------------------------------
P
Why are female offenders different from male offenders?
Typical female offender has not completed high school & lacks employment skills
3 out of 4 women have dependent children
Many live below poverty line
Many have been physically or sexually abused or neglected as children
Often abuse continues into adulthoo
Which gender are most treatment programs or interventions geared toward? Why?
Men, Women not as much as a threat
What is the difference between Traditional Community Supervision and Neighborhood-Based Supervision? Which is more effective?
Neighborhood-based supervision (NBS): the probation officers conduct supervision & implement the case plan by being more visible, having a strong community presence
What is the Interstate Compact for Adult Offender Supervision? When was it created and why?
was created to promote cooperation and coordination among the states and U.S. Territories in the transfer of supervised offenders across state boundaries., 1999, Dante Paige was sent to halfway house in another state and new seen again
Know the community supervision models in the book, including the timeframe that they were used and their main purposes.
The Casework Model: 1900-1970
Officer provided therapeutic services to clients to assist them in living productively in the community
Brokerage of Services Model: 1971-1980
The officer determines the probationer or parolee's needs & makes referrals to app
what are the 8 principles of effective correctional intervention?
1) Be intensive, occupying 40 to 70% of each day for 3 to 9 months
2. Contain cognitive-behavioral components to prepare the mind for behavioral change
3. Match the program level with client abilities or what the client can relate to according to gender,