Why Use Intermediate
Sanctions?

Incarceration is more costly

No evidence incarceration rehabilitates

CBC maintains family & community ties

Broader possibilities exist to balance the severity of the crime with punishment

How Does Probation Work?

Prison sentence is suspended

Promise of good behavior for a specified period of time (a contract between the offender and court)

Rules or conditions of probation are set

Community supervision

Probation may be revoked

Functions of a Probation Officer

Supervise or monitor cases assigned by the court

Attempt to rehabilitate through specialized treatment techniques

Investigate lives of convicted offenders to enable the court to make intelligent sentencing decisions (Presentence Investigation Report)

Presentence Investigation Report

Often mandated by law

Contents vary - social history

Assesses risk

Typical factors:

age, employment status, drug abuse history, prior felonies, address changes

Is Probation Successful?

Evidence is mixed

Recidivism - what does it mean?

Rearrest, reconviction, technical violations

Serious offenders most likely to recidivate

Probation recidivism is lower than prison recidivism

Avertable Recidivists

People whose crimes could have been avoided had they been sent to prison

Crimes committed while on probation by 162,000 prison inmates

6,400 murders

10,400 assaults

7,400 rapes

17,000 robberies

What’s the Future of Probation?

Flexible

Alleviates prison overcrowding

Cost effective

Allows for the imposition of probation fees

Intensive Probation Goals

Diversion from prison

Maintain control of the individual

Facilitate reintegration into the community

Intensive Probation Supervision

Considered as probation plus

Rely on great degree of client contact by probation officer (smaller case loads)

Criteria for use vary throughout U.S.

Many systems use very specific conditions, e.g. mandatory curfew, employment, drug testing, community service, etc..

Effectiveness varies

Fines as a Criminal Sanction

Used more often in lesser offenses or when financial profits were high

Fines may discriminate against the poor

Many fines go uncollected

Forfeiture as a Sanction

Can be used in civil & criminal cases

Seizure of goods & instrumentalities related to the commission or outcome of a criminal act

Zero tolerance

Proportionality

Restitution

Pay back to victims or
community service

Used in 30% probation cases; the average is $3400; 60% make full payment in 3 years

Qualified success

Widens the net of social control

Shock Probation &
Split Sentencing

Community release after sampling prison life

Split sentence means jail term is a condition of probation

Shock probation usually involves resentencing after a short prison stay

House Arrest

Offender required to spend extended periods of time in one’s own home as an alternative to incarceration

Little standardization throughout U.S. in how house arrest is administered

Electronic Monitoring

Often used to ensure compliance with house arrest

Similar recidivism to traditional systems

Costs are lower (capital v. labor)

Overcrowding is reduced

Issues of privacy and liberty

Compliance technologies vary

Residential Community Corrections

Combines reintegration & control goals

Usually involves a nonsecure building

Houses pretrial & adjudicated adults

Residents:

Work and/or

Attend school and

Participate in corrections program