Chapter 9 - Community

Corrections
Diversion
Diversion is a process whereby an individual, at some stage, is diverted from
continuing on in the formal justice process.
Diversion can come as early as initial contact with a law enforcement officer.
The discretion that the officer uses could be considered a diversion, as the
officer is saying that this individual does not need to continue on the justice
path.
It could be a verbal warning, or a warning ticket, or just a decision by the officer
to not start a formal ticket (citation).
Intermediate Sanctions
Due to a rapid and overwhelming increase of the offender population, largely
based on policy changes, we have witnessed an immense increase in the use of
sanctions at the community level.
This includes probation.
Probation
Probation is arguably the oldest and certainly the largest of the intermediate
sanctions.
John Augustus - Father of US Probation (1840’s)
Probation is a form of a suspended sentence, in that the jail or prison sentence
of the convicted offender is re-suspended, for the privilege of serving conditions
of supervision in the community.
Conditions of probation often include: report to a probation officer, submit
random drug screens, do not consort with known felons, pay court costs,
restitution, and damages, attend AA or NA courses, as well as other conditions.
Probation lengths vary greatly, as do the conditions of probation placed on an
individual.
Probation Officers

The role of the probation officer is complex, and sometimes diametrically opposing.
A PO’s primary function is to enforce compliance of individuals on probation.
This is done through check-ins, random drug screenings, and enforcement of other
conditions that are placed on probationers. Additionally, the PO may go out into the
field to serve warrants, do home checks for compliance, even make arrests if need be.
However, at the same time, a probation officer is trying to help individuals on probation
succeed.
This is done by trying to help individuals to get jobs, obtain education, enter into
substance or alcohol programs, and generally support individuals on probation to be
successful.
The other primary function of a probation officer is to complete PSI reports on individuals
going through the court process.
A PSI or Pre-Sentence Investigation report is a psycho-social workup on a person headed to
trial.
It includes basic background information on an individual, such as age, education,
relationships, physical and mental health, employment, military service, social history, and
substance abuse history.
It also has a detailed account of the current offense, witness or victim impact statements of
the event, and prior offenses (criminal records), which are tracked across numerous
agencies.
Finally, the PSI also has a section that is devoted to a plan of supervision or
recommendations, which are created by the PO.
Individuals on Probation

As stated, there are several million people on probation, serving various lengths
of probation, and under numerous conditions or condition types.
Additionally, the convictions which place individuals on probation vary, to
include misdemeanors and felonies.
Probationers serve their probation at the state level, and there is federal
probation.
Refer to page 353.
There are mixed reviews about probation.
Recently, the Bureau of Justice Statistics (2018 report, for 2016) listed the
successful completion rate at about 56%.
Between 2008-2013, this number had been reported higher, upwards of 65%,
depending on the year.
Intensive Supervision Probation (ISP) began in the late 1950s, and early 1960s,
in California.
The basic premise was to allow caseworkers (POs) to have smaller caseloads
and increase the level of treatment across offenders.
As stated, many ISP programs promised multiple success measures.
ISP Success

While initial praise of the newer model for its increase on control was evidenced by
its rapid spread through the States, some researchers questioned their effectiveness.
In one of the largest studies of ISPs, in conjunction with the RAND Corporation, they
examined the effectiveness of ISPs in reducing recidivism and saving costs.
In a random sample of 14 cities across 9 states, they evaluated the reductions of
recidivism against a sample of regular probationers.
Their findings suggested that there were higher amounts of technical violations,
which were probably substance violations, but there were no significant differences
between control-centered ISPs and regular probation, as far as new arrests.
Boot Camps/Shock Incarceration
Another form of intermediate sanction may be seen in the creation of boot
camps, also known as shock incarceration facilities.
Developed in the 1980s in Georgia, boot camps were targeted to youths and
adults and seen as a way to alter individuals through a “shock” effect.
Essentially, boot camps are programs designed to change the recidivism rate
through a physical change – militaristic.
While there some positive results, generally, boot camps fail to produce desired
reductions in recidivism.
For prosocial individuals, structure and discipline can be advantageous.
Drug Courts

Drug Courts were also developed in the mid-1980s in Dade County Florida.
They are unique in the sense that – the courtroom works in a non-adversarial
way for a more supportive program.
Judges, prosecutors, caseworkers, and program coordinators all work together
in a drug court.
While the results of Drug Courts are mixed, as a whole, they are more favorable
than boot camps. They are mixed, largely to how they are assessed.
Halfway Houses
Currently, halfway houses are typically used as a stopping point for offenders
coming out of prisons but have also recently been used as more secure
measures of monitoring probationers in lieu of going to prison.
They are even used as a test measure of parole.
As a whole, halfway house studies show mixed results.
That is, some studies yield reductions in recidivism, while some show no
difference, and others show almost equal increases.
House Arrest
House arrest is where an individual is remanded to stay home for confinement,
in order to serve a punishment, in lieu of jail or prison.
There are built-in provisions where individuals are permitted to leave home to
go to certain places.
House arrest is often joined with electronic monitoring.
There is a relatively no-cost to low-cost for house arrest, not coupled with
electronic monitoring, especially when comparing house arrest to intensive
supervised probation.
House arrest would probably best serve individuals with low criminogenic risks
and needs.
Community Residential Facilities
Moving up in the continuum of correctional sanctions, CCCs would be
considered the last stop before a lengthy jail or prison sentence, as they can
have the highest level of containment.
These are often called CCCs (Community Correctional Centers), TCs (Transition
Centers), or CBCFs (Community-Based Correctional Facilities), and other names.
The overall benefit of CBCFs is their ability to have an increased focus in
rehabilitation, at a lower cost than a State institution.
What should come as no surprise, as is the theme with correctional practices in
the community, CBCFs have mixed results.
This is largely dependent on the composition of the facility.
Restorative Justice
Restorative justice is a community based and trauma-informed practice used to build
relationships, strengthen communities, encourage accountability, repair harm, and restore
relationships when wrongdoings occur.
As an intervention following wrongdoing, restorative justice works for the people who have
caused harm, the victim(s), and community members impacted.
Working with a restorative justice facilitator, participants identify harms, needs, and obligations,
then make a plan to repair the harm and put things as right as possible.
For over a quarter century, restorative justice has been demonstrated to show positive
outcomes in accountability of harm, and satisfaction in the restorative justice process for both
offenders and victims.
This is true for adult offenders, as well as juveniles, who go through the restorative justice
process.
Parole
Parole is the release (under conditions) of an individual after they have served a
portion of their sentence.
It is also accompanied by the threat of re-incarceration if warranted.
Discretionary parole is when an individual is eligible for parole or goes before a
parole board prior to their mandatory parole eligibility date.
It is at the discretion of the parole board to grant parole (with conditions) for
these individuals.
Mandatory parole occurs when a prisoner hits a particular point in time in their
sentence.
When an inmate is sent to prison, two clocks begin.
The first clock is forward counting and continues until their last day.
The second clock starts at the end of their sentence and starts to work
backward proportional to the “good days” an inmate has.
Truth in Sentencing Legislation
This is considered an 85% rule.
Many states have laws in place that stipulate that an inmate is not eligible for
mandatory parole until they serve 85% of their original sentence.
Current Issues in Corrections
Mass Incarceration
War on Drugs and Gangs
Aging and Overcrowding

Are we incarcerating too many individuals?

Are there more successful ways to punish/rehabilitate?
Are many individuals who are not a threat or no longer a threat to society
incarcerated?
Reentry and the Future of Corrections

Many individuals return to prison, hence the concept of the “revolving door” of
justice.
In order for reentry programs to be more successful, individuals returning to
society need assistance to get back on their feet and stay on their feet.
This includes items such as education and training, employment assistance to
get a job, legal services, education on public benefits, and housing assistance.
Keep in mind that it is taxpayer money funding this re-entry process.
How much money do we spend to achieve higher success rates?