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% 12% 10% 7% 5% 1% 0% Total in progs drug tst'g alc/ drug trtmt oth. trtmt intensive suprv coun- educa- confn/ seling tion monitr com. serv. 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% 10% 6% 0% all Prison terms all Probation terms all jail terms Clear & Cole, American Corrections, 6th