Transcript Chapter 8 Probation Clear & Cole, American Corrections, 6th Evolution of leniency/ Probation in America social work role law enforcement role modern Probation (20th century) an obligation imposed by judge.

Chapter 8
Probation
Clear & Cole, American Corrections, 6th
Evolution of leniency/ Probation in
America
social work role
law enforcement role
modern
Probation
(20th century)
an obligation imposed by
judge on an accused to
perform a specific act (eg,
keep peace, pay debt,
appear), or lose surety
judge suspends sentence
imposition, execution on
condition of good behavior
for period of time
leniency granted to clergy
(-> trial in ecclesiastical
court; read
Psalm 51- ‘neck verse’
Recognizance
(Massachusetts) 1830
Judicial Reprieve
money bail
added
Massachusetts 1837
unconstitutional
(England & US)
in US, 1916
(time was indefinite;
separation of powers)
Benefit of Clergy
used only briefly
(Eng & US) 1200s - 1827
in US
Clear & Cole, American Corrections, 6th
early probation environment
Judge
Peter
Thatcher
John
Augustus
Boston Police
Court
release by
“recognizance”
(1785 - 1859)
1830
“probation”
“bail”
1841
1837
Clear & Cole, American Corrections, 6th
Augustus’ style of probation
(1st “probation officer”)
key features
pre-sentence
investigation
supervision
conditions
(developed by
Augustus)
social casework
revocation of
probation
reports to
the court
(eg, jobs, housing)
Clear & Cole, American Corrections, 6th
dual perspectives re: probation
servces
law
enforcement
competing
perspective
s
concern: • public safety
focus: • risk
operation: • surveillance
• close controls
social work
• humanitarian
• reformation
• assistance
• service
• support
Clear & Cole, American Corrections, 6th
organization of
probation services
combined
with parole
vs.
not combined
centralized
vs.
decentralized
(state v. city)
issues
executive
vs.
judicial control
Clear & Cole, American Corrections, 6th
specialization in probation
functions
pre-sentence
investigation
dual role
(obligations)
of probation
• prepare (PSI) --
(presentence investig. report)
PSI issues:
• contents
• recommendations
• disclosure
• private PSI’s
post-sentence
supervision
• establish relationship
w/ offender
• establish relationship
w/ office/supervisor
• establish supervision
goals to help offender
• terminate probation
Clear & Cole, American Corrections, 6th
the environment of
probation supervision
the
officer
critical
“mix”
offender
bureaucracy
Clear & Cole, American Corrections, 6th
bringing about change:
power vs. authority
“power”
the ability to force a person to do
something he or she does not want to do
vs.
“authority”
the ability to influence a person’s actions in
a desired direction without resorting to force
Clear & Cole, American Corrections, 6th
three types of “authority”
(= parallel to 3 strategies of change)
 irrational
 based
authority (power-coercive)
solely on power
 rational authority (rational-empirical)
 based on officer competence
 psychological
educative)
authority (normative-re-
 based
on acceptance by client & officer of
jointly determined goals, as well as
strategies of supervision
Clear & Cole, American Corrections, 6th
general supervision “styles”/
strategies for probation
 selective
 deal
intervention strategies
with temporary crises
 environmental
structure strategies
 develop daily living skills
 promote pro-social activities
 casework/control
 to
strategies
overcome serious instability &
problems (housing, job, family, drugs)
 limit-setting
 restrictions
strategies
to allow close monitoring of
conditions & enforcement of supervision
requirements
Clear & Cole, American Corrections, 6th
“case management systems”

definition
rules, procedures, & protocols which
are designed to maximize the
effectiveness of probation services
being delivered to offenders & the
efficiency with which they are
delivered
Clear & Cole, American Corrections, 6th
5 components of NIC’s
a “model” system of case management
 statistical

risk assessment
reduces overprediction & improves accuracy of
classification
 systematic

needs assessments
evaluate probationer according to a list of
potential need areas
 contact
supervision standards


offenders classified into supervision “levels”
each has minimum contact requirements

officer must put supervision plan in writing

use time studies to accurately measure workload
 case
planning
 workload
accounting
Clear & Cole, American Corrections, 6th
“conditions” of probation
3 types of
conditions
treatment
(to deal with
problem/need)
• drug
counseling
• education
• job training
standard
(imposed on all
probationers)
• report to office
• stay employed
• don’t leave town
• don’t move
punitive
(to increase pain
of probation)
• fine
• community
service
• restitution
Clear & Cole, American Corrections, 6th
% adult probationers in
special treatment programs
70%
% of probationers in
each type of treatment
61%
60%
50%
37%
40%
32%
30%
20%
11%
10%
10%
12%
7%
5%
1%
0%
Total
in
progs
dru g
tst'g
alc/
dru g
trtmt
oth . i nte n - cou n - e du ca- con fn / com .
trtmt s ive s el i ng tion mon i tr s erv.
s u prv
0.4%
oth .
Clear & Cole, American Corrections, 6th
techniques for monitoring & controlling
substance abuse
techniques
urinalysis
used to discover
whether person
is using drugs
methadone
drug which reduces
craving for heroin;
spares addicts from
painful withdrawal
symptoms
antabuse
drug which
causes violent
nausea (when
combined
with alcohol)
Clear & Cole, American Corrections, 6th
termination of probation
two
options
Successful
“discharge”
• early termination
• normal
termination
(at expiration of
term)
Unsuccessful
“revocation”
• arrest, conviction
for new crime
• “technical”
violation of rules,
conditions of
probation
Clear & Cole, American Corrections, 6th
who gets prison &
who gets probation? (by sex)
100%
94%
90%
90%
79%
80%
70%
60%
male
50%
female
40%
30%
21%
12%
20%
6%
10%
0%
all Prison
terms
all Probation
terms
all jail terms
Clear & Cole, American Corrections, 6th