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CJ 380 Final Concepts

Terms in this set (92)

How does intensive supervision differ from regular probation/parole supervision?
it is more closely monitored and stresses the importance of offender control; kept on a tighter leash
What are the issues concerning the treatment of offenders w/ mental illness?
challenging because most officers do not have training in mental health or psychiatric disorders; offenders can be more violent/dangerous; difficult to convince offenders for long-term medication use
What specific strategies are most effective for working w/ sex offenders?
intensive treatment specific to the type of sex offense; cognitive-behavioral therapy to address thinking errors; more frequent contacts/searches; GPS tracking; child safety zones
What specific strategies are most effective for working with offenders who are active gang members?
must address drug/alcohol problem, distinguish between different gangs, distinguish gang/non-gang members, understand connection between prison/street gangs, & learn jargon/gestures associated w/ each
Three elements of relapse therapy w/ sex offenders
knowledge, signal detections, contacts
Four elements of supervising mentally ill offenders in the community
- identification/classification
- specialized caseloads
- relapse prevention
- progressive sanctions
Four elements of supervising offenders w/ substance abuse problems in the community
treatment, testing, consequences, & progress
Identify how probation conditions were modified and under what circumstances
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Under what circumstances can probation/parole be terminated early?
good behavior or violating conditions of community supervision
List progressive sanction options that probation/parole officers have available before filing or reporting the revocations to the court/parole board
- take place when an offender shows initial signs of resistance/when tech. violations first start
- verbal reprimand/counseling
- written reprimand
- modification
- administrative hearing
Types of violations of community supervision
law and technical violations
Absconding from community supervision
people under community supervision that leave the program w/o permission; typically they leave because they commit a tech. violation, cannot pay fees, might fail drug test, or committed a crime; you can locate them by FBI/policing agency, apprehension/private unit
What happens after a violation report is filed and the revocation procedures
warrants/citations, preliminary hearing, revocation hearing, revocation decisions
Legal issues regarding revocation
written notice of alleged violation, disclosure of evidence, opportunity to be heard, right to congress/cross-examine witness, right to judgement, & written statements of reasons for revocation
Continuum of sanctions and graduated sanctions
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Issues w/ revocation process
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Why do offenders fail on parole?
stigmatization, adjustment issues, antisocial attitudes/values, criminal associations/history, personality factors, parole conditions, prison conduct/program participation, & time served
Succeeding on community supervision
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Discuss offender demographic/situational factors that increase the chances of succeeding on probation/parole
women, people over 30, juvenile convictions, people living w/ spouse/kids, maintain employment, high school grads., & community ties
Describe the purpose of residential community correction facilities
they act as transitional housing for individuals who have problems finding housing while on supervision & provide a more structured setting
Discuss the effectiveness of residential community corrections programs for medium, high-risk offenders
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Program components of halfway houses
no "average" facility but they all share features like living in the facility, must be employed, can leave for verified job, keep current on rent, & be approved to leave for reasons other than work
Compare/contrast halfway houses, shock incarceration, and work release programs
COMPARISON: they all work to stop offenders from reoffending and help them for an x amount of time

CONTRAST: halfway houses provide housing for x amount of months, shock incarceration involves spending a short period of time incarcerated, and work release programs provide work/education programs for the offender to solely do
Describe the conditions under which offenders are court-mandated to house arrest
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House arrest criticisms
does not seem to be a punishment, intrusiveness violates pretrial detainee's constitutional right to privacy, incidence of domestic violence, considerable discipline is needed to comply, making it difficult for many offenders
Purpose of Home Detention
alternative to incarceration, eases jail overcrowding, must be at home when not at work/approved activities, some programs randomly call offenders at home
Compare how electronic monitoring has progressed from radio frequency to GPS
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Identify how day reporting centers are unique from community supervision programs
3 phase level, accept higher risk offenders/place more responsibility on them, lower completions in comparison, termination rates are high for service-oriented programs than supervision-centered ones, termination rates higher for programs longer than 6 months, treatment oriented, most costly
Examine how restorative principles/practices differ from traditional cj practices
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Reintegrative Shaming Theory
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Procedural Justice Theory
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Explain the forms that restorative justice takes, including victim-offender mediation, victim impact classes, family group conferencing, & circle sentencing
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Effectiveness of Restorative Justice Methods
more likely to actually happen than traditional court processing and more likely be accepted by victims of violent crimes than property crimes
Compare/contrast economic/monetary sanctions used in both restorative/traditional cj systems to include restitution, community service, fines, fees, & forfeitures
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Benefits of Restitution in Restorative Justice
victim's rights movement, laws passed in the 90's, difficulty to obtain restitution for certain victims
Problems Associated w/ Restitution
underutilization, lack of victim participation in system/general lack of knowledge about restitution, defendant's indigence, determining the proper amount
Purpose Associated w/ Restitution
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Purpose of community service
restorative, fairness, punitive, rehabilitative
Revoking probation for fine nonpayment
seldom used in U.S., but are used as primary penalty for organizational/corporate defendants; unwillingness to pay may result in revocation
Examine the preparations needed for the reentry process while the offender is still incarcerated
ex offenders must learn how to transition back into society; they may go through prelease facilities, take a reentry risk assessment; there are time sheets/eligibility dates, min./max. eligibility
Discuss how collateral consequences affect the reentry process
long-term consequences to reputation, removal of some rights, finding employment is difficult, background checks, denial of public housing, denial of welfare, losses in court, loss of parental rights, loss of government benefits
Reasons for removing some civil rights from offenders
public confidence in gov.'t/courts, tax benefits for law abiding, increase public safety
Issues w/ finding employment while on parole
- companies are reluctant to hire ex-offenders
- occupational license limitations
- loss of capacity to be bonded
- equal opportunity commission policy
Loss of Right to Vote
- Richardson v. Ramirez (1974): it was constitutional for a state to deprive ex-felons of the right to vote
- significant impact
- felony disenfranchisement
Loss of Right to Own or Possess Firearm
- some people find this more restrictive of all civil disabilities incurred by conviction
- prohibits convicted felons from possessing, shipping, transporting, or receiving firearms or ammunition
Loss of government benefits for drug offenders
- denial of higher education financial aid
- denial of welfare
- denial of public housing
Loss of parental rights
- about 1.5 million kids (under 18) have at least one parent serving time in prison
- some states don't terminate parental rights depending on the crime
Loss of right to serve on a jury
- origin in common law
- federal rule that says citizens convicted of a crime are eligible to serve on a federal or grand petit jury (except in CO. & ME.)
Loss of the ability to be viewed as a credible witness in any future court proceeding
- absolute disqualification to be a witness in court applies to people convicted of perjury or of subornation of perjury
- justification is that these people cannot be trusted
Parole eligibility
point in a prisoner's sentence when he/she is first legally able to be released from prison
Preparing an offender for parole release
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Reentry Risk Assessment
case manager brings official data together and scored in a systematic way w/ a report being written that will be provided to parole board for parole hearing
Explain the discretionary parole process of how prisoners become eligible for release
take into consideration current offense seriousness, parole/reentry risk score, time served on current sentence, and institutional disciplinary record; victim input has arguably too much of an impact; they have three decisions to either grant parole, deny parole, or defer to a later date
Obstacles parolees face in the community
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Four basic functions of parole boards
decide when individual prisoners should be released, determine any special conditions of parole supervision, successfully discharge a parolee when conditions have been met, & determine whether privileges should be revoked if release conditions are violated
Parole board members
- average of 7 members, ranging from 3 to 19
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Discuss the parole hearing
- tape-recorded
- purpose is to resolve inconsistencies in available info directly from an offender, victim, or other parties; review institutional program participation/conduct; consider an offender's motivation for parole; and consider input from a victim/other interested parties
The Parole Board Decision
they consider severity/type of crime, victim's input, input from family/district attorney, probability of recidivism, risk to community safety, conduct while incarcerated, sufficiency of release plan
Two types of parole
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Four main functions of community supervision officers
- enforce supervision conditions through monitoring
- motivating offenders to find/maintain jobs, sobriety, & continue w/ change process
- refer offenders to community-based services based on individual needs
- conduct investigations/write reports regarding violations
- work w/ crime victims/community to meet restitution/community service
Understand how community corrections staff are selected/trained
- have bachelor's degree
- no felony convictions
- undergo criminal background check
- in many states, must be a U.S. citizen
- appointment system & merit system
Identify the types of knowledge, skills, & abilities that staff need to work w/ offender in community-based corrections
- basic knowledge of human behavior
- good oral/written comm. skills
- ability to build relationships/establish a rapport
- knowledge about diff. cultures
- good time managers
- preservice vs. in-service training
Compare/contrast various arguments in support of and against carrying firearms on the job
FOR: officers feel safer when carrying, especially in late nights/with gang/violent offenders, attention to safety

AGAINST: question whether the threat to PO's is real or perceived, question if weapons are needed for juveniles/misdemeanors, is carrying a weapon a greater risk, experience of confrontation incidents
Learn to identify and respond to various stressors inherent in most community corrections jobs
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Sources of stress for lie probation officers
excessive paperwork, lack of promotional opportunity, lack of time to accomplish job, role/ambiguity conflict, court leniency on offenders, failure to recognize accomplishments, perceived lack of supervisory support, fear of being sued
Alleviating the fear of being sued: types of immunity
absolute immunity: protects gov.'t officials unless they engage in acts that are intentionally/maliciously wrong
qualified immunity: limited to those in the execution branch/workers performing admin. functions whose actions are "objectively reasonable" & w/in the scope of agency policies
Risk factors connected w/ juvenile delinquency
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Analyze the similarities/differences between the juvenile/adult justice systems
- terminology
- discretion of officers
- participation of offenders
- participation of schools
- different statutory guidelines
- severity of punishment
Jurisdiction of juvenile courts
based on age, criminal liability is based on mens rea (guilty mind), min./max. age of jurisdiction (17 yrs.), based on acts committed
Describe how juvenile offender is processed/supervised in corrections
juv. probation officer, sometimes in schools, mandatory and discretionary
Identify the unique options that still exist for juveniles, such as teen court & school-based probation
school-based, wilderness challenge programs, mentoring programs, youth courts, group homes, family therapy, revocation of probation/parole
Juvenile probation
first form of comm. corrections for juvs., non-punitive legal disposition for juvs. emphasizing comm. treatment in which the juv. is closely supervised by an officer of the court & must adhere to a strict set of rules to avoid incarceration
Legal issues in juvenile probation
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Supervising high-risk juveniles in the community
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Juvenile parolees
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Revocation of juvenile probation/parole
- works same way as for adults
- result in them being sent to an out of home community placement or secure institution for juvs.
- rate of revocation for delinquents is the highest for youths released from an institution/training school who have had priors
The 3 objectives to achieving crime desistance
- rehabilitation through effective treatment
- protecting the public through consistent supervision methods
- restoration of victims, offenders, & communities
Understand how the principles of correctional intervention lead to the use of evidence based practices (EBP), and why EBP is important to sustain corrections
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Identify the top-tier community-based correctional programs that reduce recidivism as well as ineffective programs that do no work
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List risk factors that predict the likelihood that an offender will return to crime in the future
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What programs work to reduce recidivism?
- rehab efforts are most effective when cognitive-behavioral methods are too
- treatment must match criminogenic needs of offender & be adopted to the person's learning system
Valid risk/needs assessment
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Community supervision solutions: communication, casework strategies, preparing for reentry, leverage
COMM.: listening, clarifying expectations, & motivational interviewing
CASEWORK: - assessing criminogenic problems
- scoring risks/needs accurately
- establishing long range treatment goals
- assisting clients w/ implementing action steps towards success
REENTRY:
LEVERAGE:
Compare/contrast the focus of community supervision solutions w/ restorative solutions
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Explain how former offenders can apply to have their rights restored and/or their records kept from public access
must be initiated by offender, must establish to court that their desire to seal records outweighs the right of public to access them
Justice reinvestment in disadvantaged communities
- the strength of the community in which individuals are released has more of an impact in their later success or failures, than how much prison time
- communities that are distressed financially, marginalized, and has members that feel powerless: individuals in there will be more likely to commit crimes/disorderly behavior
- overtime, area become less cohesive/more unstable with potential to become more criminogenic
Restoring former offenders through pardons
- pardoned at the federal level restores "the right to vote, to serve on a jury, & to hold public office, and generally relieves other disabilities that attach solely by reason of the commission/conviction of the pardoned offense"
- restores civil rights, but the victim remains on record
- state laws also determine the effects; some rights are automatically given, while other aren't, etc.
Restoring former offenders through expungement of records
- erases or destroys record & limits public availability
- 45 states allow records to be expunged/sealed
- defendant must specify the expungement of both arrest/conviction records, or must first expunge a decision and then seal the rest of the record
Restoring former offenders through sealing records
- legal concealment of criminal record
- must be initiated by offender
- option for dismissed cases but is more difficult to obtain for deferrals/convictions
Morrissey v. Brewer
parolees have the right to have an attorney at parole revocation hearings
Bearden v. Georgia
probation cannot be revoked solely because of an offender's inability to pay a fine or restitution
Gagnon v. Scarpelli
probationers are not entitled to court appointed lawyer during revocation proceedings unless they appear incapable of speaking for themselves
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