FINaL TUEsday Community BAsed Corrections
On a one-to-one basis, volunteers seek to obtain the trust and confidence of P/P clients and help them maintain their existence, clarify their role in society, and plan for the future.
one of four volunteer models one-to-one model
The volunteer is a professional or semiprofessional in his or her field (e.g., teacher or mechanic) who provides specialized services to several clients, such as literacy help or automotive skills training.
one of four volunteer models professional model
Working as a case aide to a P/P officer, the volunteer provides services to several clients at the direction of the officer.
one of four volunteer models supervision model
The volunteer assists with P/P administrative functions and interacts only indirectly with clients.
one of four volunteer models administrative model
Alcohol monitoring systems are used primarily as a response to the problem of intoxicated driving that causes about 13,000 fatalities annually. One type of device, a handheld ignition-interlock device (IID), is typically attached to a vehicle's dashboard and connected to the ignition and uses fuel-cell technology to measure the concentration of alcohol in a person's breadth.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!The driver breathes into the device; and if the blood alcohol content (BAC) is higher than a set level, usually 0.04 percent, the vehicle will not start. While the car is in use, the IID requires additional breadth samples at random intervals to keep running. If a reading is not provided, or if there is sufficient alcohol on the driver's breadth, the horn will honk and the lights will flash on and off until the engine is turned off. The unit maintains a sealed log of BAC tests, so tampering can be detected. Installation of the IID costs about $200, and rental and maintenance costs are about $150 monthly, a cost usually borne by the offender. Some jurisdictions, New Mexico, for example, have created a special fund to finance the cost for low-income offenders. The IID can be circumvented by an intoxicated driver using another vehicle (Cook and Gearing, 2009).
MI "is guided by the notion that motivation to change should not be imposed from without, in the form of counselor arguments for change, but elicited from within the client".
"Autonomy is promoted by avoiding confrontation and coercion, by exploring behavioral options, by developing the discrepancy between the client's current behavior and how they would like to be so that they present the arguments for change themselves, and by encouraging clients to choose their preferred courses of action". MI follows five basic principles.
Substance abuse is the single most frequently encountered problem across P/P populations.
"Substance abuse increases the obstacles facing returning offenders to communities. Offenders with substance abuse problems have an uphill battle to find employment, meet familial and childcare responsibilities, and actively participate in treatment" (Lowe and DeMichele, 2010: 3).
Risk assessments gauge static and dynamic factors that influence whether a person will recidivate by committing a new offense or violating the terms of P/P. Risk assessment tools vary somewhat in the types of questions presented and how well they differentiate among individuals with a high versus a low probability of recidivating. The primary static predictors of whether someone will reoffend are:
(1) current age, (2) past criminal history, (3) age at first arrest, and (4) type of crime committed.
Researchers have found seven dynamic risk factors that predict recidivism among individuals under community supervision:
1. Antisocial personality pattern (e.g., antagonism, impulsivity, risk-taking) 2. Procriminal attitude (e.g., negative expressions about the law) 3. Antisocial associates 4. Poor use of leisure/recreational time 5. Substance use 6. Problematic circumstances at home (e.g., neglect or abuse, homelessness) 7. Problematic circumstances at school or work (e.g., limited education, unemployment)
1. _______ _______. Empathy is about good rapport and a positive working environment. It is an attempt to understand the client's mindset, even though the counselor may not agree with his or her point of view. Empathy also involves an effort to draw out concerns and reasons for change from the client. In MI, "empathy is not 'feeling sorry' for offenders nor agreeing with their point of view. Rather, accurate empathy involves a sincere attempt to listen to and understand the offender's point of view". 2. _______ ______ ____ __________ ___________. When a client is unsure or unwilling to change, trying to convince the client that he or she has a problem could precipitate even more resistance (Center for Substance Abuse Treatment, 2005). 3. ____ _____ _______. It is normal to have mixed feelings when thinking about change. Therefore, the counselor does not argue with the client—arguments can easily degenerate into a power struggle (Center for Substance Abuse Treatment, 2005). Rolling with resistance means finding other ways to respond when the client challenges the need for change. 4. _________ _________. Discrepancy is the feeling that one's current behavior is out of sync with one's goals or values. Rather than telling the client why he or she should change, the counselor asks questions and makes statements to help the client identify his or her own reasons for change. "This involves exploring the pros and cons of the client's current behaviors and of changes to current behaviors, within a supportive and accepting atmosphere, in order to generate or intensify an awareness of the discrepancy between the client's current behaviors and his or her broader goals and values" (Markland, Ryan, and Tobin, 2005: 814). 5. ___________ ____-_________. A person is more likely to follow through with behavior he or she believes has been freely chosen. Therefore, the counselor remains optimistic, reminds the client of personal strengths and past successes, affirms all efforts toward change, and expresses support for a person's belief in his or her ability to change.
1. Express empathy 2. Avoid argument and direct confrontation 3. Roll with resistance 4. Develop discrepancy 5. Support self-efficacy
The Tasks and Hiring of Probation/Parole Officers 1._____________ ___ _________ ____________. Monitoring probationers' adherence to the terms of probation, detecting violations, and enforcing compliance. Reviewing relevant probation conditions, such as employment, residence, treatment, and payments. Contacting probationers with appropriate frequency, including home or school visits and drug tests. Conducting regular and thorough discussions with parents, relatives, and school officials to check on probationers' conduct and compliance. Setting goals for probationers' treatment or conduct, and monitoring progress. Being alert to signs of problems, anticipating and preventing such problems when possible.
1. Monitoring and enforcing compliance
The Tasks and Hiring of Probation/Parole Officers
1. monitoring and enforcing compliance 2. investigating 3. analyzing and making recommendations 4. report writing and documentation 5. handling emergencies 6. interacting/communicating with probationers 7. interacting/communicating with non-probationers 8. working with probation staff and other agencies 9. working with the justice system 10. performing physical demanding work
There are four volunteer models:
1. one-to-one model 2. supervision model 3. professional model 4. administrative model
The Tasks and Hiring of Probation/Parole Officers 10. __________ ________ ___________ ____ . Working with physical skill sufficient to handle emergency situations such as medical emergencies; defending oneself; and pursuing, disarming, subduing, and restraining probationers.
10. Performing physically demanding work
The Tasks and Hiring of Probation/Parole Officers 2. ______________. Gathering and learning all relevant case and background information. Obtaining and reviewing appropriate department records, probation files, District Attorney's files, rap sheets, Juvenile Hall logs, police reports, chronological records, etc. Gaining a working knowledge of information in all probationers' files and living situation, including the nature of offenses, prior criminal records, family living situation, and evidence of the quality of environment.
2. Investigating
The Tasks and Hiring of Probation/Parole Officers 3. _____________ _____ ___________ ________________. Synthesizing and evaluating all relevant information in reaching decisions and making recommendations. Making appropriate decisions and recommendations regarding detention, placement, sentencing, payments, terms and conditions of probation, degree of monitoring and supervision required, and release/revocation. Giving appropriate weight and consideration to all relevant factors in reaching conclusions.
3. Analyzing and making recommendations
The Tasks and Hiring of Probation/Parole Officers 4. _________ _____ ___________ ____________. Writing reports (e.g., detention, fitness, presentence, disposition), correspondence, and other documents/reports related to intake, progress, detention/release, that are clear, complete, accurate, and concise. Adhering to legal and departmental guidelines regarding all paperwork and documentation requirements and keeping appropriate and accurate records of field and other work activities.
4. Report writing and documentation
The Tasks and Hiring of Probation/Parole Officers 5. __________ ____________. Taking appropriate actions in emergency or crisis situations (e.g., injuries, escapes, fires, physical fights, or attacks upon staff). Using sound judgment and following proper procedures in using physical force or restraints, enlisting and providing appropriate assistance, and rendering appropriate first aid.
5. Handling emergencies
The Tasks and Hiring of Probation/Parole Officers 6. __________\___________ ____ ____________. Clearly conveying the terms of probation to probationers, including their rights, responsibilities, the nature of probation violations, and the consequences for committing violations. Gaining probationers' cooperation and respect through professionalism, answering questions, providing support and counseling, and offering guidance as appropriate regarding meeting the conditions of probation (e.g., school attendance, urinalysis testing, employment, housing, transportation, treatment, payment schedules).
6. Interacting/Communicating with probationers
The Tasks and Hiring of Probation/Parole Officers 7. _____________/____________ ____ ____-___________. Appropriately and effectively working with affected parties such as parents/guardians, victims, witnesses, employers, and teachers. Interviewing family, school officials, etc., regarding probationers' history, character, and conduct. Providing all necessary information to affected parties regarding court or hearing dates and relevant legal procedures, in a timely and effective manner. Providing warnings to others of potential problems, threats, or dangers. Counseling and assisting victims and family members as appropriate.
7. Interacting/communicating with non-probationers
The Tasks and Hiring of Probation/Parole Officers 8. ___________ ____ _________ _______ ___ ______ ________. Working effectively and professionally with coworkers and with external departments, agencies, and institutions. Informing police of law violations by probationers and assisting in their investigations. Keeping law enforcement, other probation officers, and other correctional and governmental agencies informed when necessary. Referring probationers to medical, mental health, social service, and educational institutions, as needed.
8. Working with probation staff and other agencies
The Tasks and Hiring of Probation/Parole Officers 9. ___________ _____ ___ ________ __________. Filing accurate, complete, and timely legal reports, affidavits, warrant requests, petitions, memoranda, etc., with the courts. Adhering to filing and court appearance procedures and deadlines. Demonstrating professionalism and effectiveness in providing testimony, participating in detention hearings, recommending sentencing, and in all other interactions with judges, prosecutors, and defense attorneys. Maintaining cooperative relationships with attorneys, judges, and court staff. Maintaining current knowledge of case law and sentencing precedents.
9. Working with the justice system.
The success of a P/P system is usually conceived of in terms of recidivism (Maltz, 1984: 54): "When recidivism is discussed in a correctional context, its meaning seems fairly clear. The word is derived from the Latin recidere, to fall back.
A recidivist is one who, after release from custody for having committed a crime, is not rehabilitated. Instead, he or she falls back, relapses, into former behavior patterns and commits more crimes. This conceptual definition of recidivism may seem quite straightforward; however, an operational definition, one that permits measurement, is not so simple."
A defendant is convicted of burglary and sentenced to 3.5 years' imprisonment (written 3-6-0: 3 years, six months, 0 days). His sentence is suspended in favor of probation. The probationer spends one year (1-0-0) under supervision and then violates the conditions of probation in an important respect.
After a revocation hearing, the judge revokes probation and orders the probationer to begin serving the 3-6-0 sentence in prison. Must the offender serve a maximum of 3-6-0 in prison, or is the 1-0-0 year of probation supervision, so-called street time, to be subtracted from the 3-6-0 sentence?
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!The focus is not on the behavior of any social actor (person) but on the way that behavior or actor is viewed by others (i.e., society). The societal reaction labels— stigmatizes—the actor, which results in a damaged self-image, a deviant identity, and a host of negative social expectations. Think about the societal reaction to the terms mentally ill, ex-convict, and parolee. Furthermore, some argue, the damaged self-image and its ramifications can result in a self-fulfilling prophesy.
Edwin Schur (1973: 124) notes that "once an individual has been branded as a wrongdoer, it becomes extremely difficult for him to shed that new identity." The ex-convict finds it difficult to secure employment, increasing the attraction of further criminal activity. According to Edwin Lemert, the labeled deviant reorganizes his or her behavior in accordance with the societal reaction and "begins to employ his deviant behavior, or role based on it, as a means of defense, attack, or adjustment to the overt and covert problems created by the consequent societal reaction to him" (1951: 76)—"If you got the name, mind as well play the game." Lemert has termed this process secondary deviation, which is evidenced by deviants seeking to associate with others like themselves. The negative influence of the delinquent label is viewed as so detrimental to future conduct that Schur (1973) argues for radical nonintervention: The focus should be on avoiding the movement of adolescents into the official agencies of social control.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!If a P/P agency is based on a control model, success is measured according to the agency's ability to hold the offender accountable for his or her behavior. The discovery of supervision violations and/or new crimes by close P/P monitoring, however, could statistically increase recidivism rates by uncovering behavior that might not otherwise be discovered. The level of police activity is a critical element in uncovering recidivism. Recidivism may also be related to unemployment—and to the extent that it is, the success of this type of agency will depend in part on the state of the economy. Recidivism is also related to other practical issues.
First, one cannot account for undetected criminality; second, arrest and prosecution are a measure of law enforcement activity in a given community. Thus, different levels of law enforcement will produce different levels of official recidivism, regardless of P/P agency effectiveness. Indeed, a more effective control model agency may enhance the law enforcement function (e.g., through close cooperation with the police) and will thus help to produce more recidivism—arrests and convictions of agency clientele. Likewise, greater police effectiveness increases—statistically—the crime rate. David Stanley points out what happens if we use recidivism as a measure: "An offender can be unemployed, ignorant, promiscuous, and drunk but still a success as far as the criminal justice system is concerned if he commits no crime" (1976: 173)—or is not arrested for criminal behavior.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!As the trend toward narrowing or eliminating the discretionary release of prison inmates continues, corrections departments are using special good-time provisions and new schemes are being implemented. In some states without parole, judges impose prison sentences followed by a term of probation supervision; Maricopa County (Phoenix), Arizona has more than 9,000 of these postprison probationers. In New York, judges can place offenders directly on parole or use split sentences—prison followed by probation. Connecticut judges are authorized to impose special parole terms on any prison sentence in excess of two years; the length of special parole is at the court's discretion but may not exceed 10 years; and in combination with the prison term, it may not exceed the maximum sentence allowable for the crime of conviction.
For certain sex offenses, special parole is required. It is easy to see why a governor would find this approach attractive: It accomplishes the early release and supervision of offenders without the need for action by a politically vulnerable parole board. These schemes fail to promote equity, are devoid of accountability, and abandon both classical and positivist approaches in favor of the gross politicization of our system of justice.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!Behavior is "strengthened by its consequences, and for that reason the consequences themselves are called 'reinforcers'" (Skinner, 1972: 40). When some aspect of (animal or human) behavior is followed by a reward, this action is a reinforcer, and it makes it more likely that the action will be repeated. "Reinforcers are types of consequences that strengthen a behavior" (Baldwin and Baldwin, 1998: 42). The reward is called positive reinforcement. If the probability of a behavior goes up after the removal of a stimulus, then negative reinforcement has occurred: "A negative reinforcer strengthens any behavior that reduces or terminates it" (Skinner, 1972: 47).
For example, the negative reinforcement that occurs when a heroin addict fails to ingest enough heroin—withdrawal symptoms—strengthens drug-seeking behavior; as opposed to negative reinforcement, punishment (e.g., imprisonment) suppresses the frequency of an operant (e.g., heroin use). "Punishment either takes away something an organism wants or gives it something it does not want" (Hergenhahn and Olson, 2003: 293). While punishment is frequently used interchangeably with negative reinforcement, the two are quite different: "Punishment is when the onset of a stimulus decreases the frequency of behavior" (Oltmanns and Emery, 2010: 32). Thus, according to Skinner (1972), punished behavior such as crime is likely to reappear after the punitive contingencies are withdrawn. These applications form the basis for operant conditioning, conditioning that follows positive and negative reinforcers.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!In recent years, there has been a major effort to "ban the box," that part of an employment application that asks if the person has ever been arrested/convicted. About a dozen states and over fifty cities and counties have taken steps to remove barriers to government employment, and sometimes private employment, for qualified workers with criminal records, specifically by removing conviction history questions from job applications known as "ban the box" (Pinard, 2013). They typically do not prevent employers from asking questions about a criminal record, but simply postpone the question to later in the interview.
Georgia, the first state in the South to endorse the movement, requires state agencies to offer qualified applicants the chance in a follow-up interview to contest the content and relevance of a criminal record and provide information that demonstrates rehabilitation. There are exceptions regarding positions in which a conviction is automatically disqualifying (Bluestein, 2015).
The therapeutic community (TC) is a generic term for residential, self-help, drug-free treatment programs that have some common characteristics, including concepts adopted from Alcoholics Anonymous (AA): "There is no such thing as an ex-addict, only an addict who is not using at the moment; the emphasis on mutual support and aid; the distrust of mental-health professionals; and the concept of continual confession and catharsis.
However, the TC has extended these notions to include the concept of a live-in community with a rigid structure of day-to-day behavior and a complex system of punishment and rewards" (DeLong, 1972: 190-91).
1!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!There has been a shift in the sympathy displayed by courts regarding the rights of prisoners and those under supervision in the criminal justice system (Jermstad, 2002). This is highlighted by the interpretation of the Fourth Amendment's protection against unreasonable searches and seizures as applied to probationers and parolees. Persons on probation and parole sign conditions of supervision that routinely permit a warrantless search of their property and person.
In 1987, the Supreme Court held (Griffin v. Wisconsin 107 S. Ct. 3164) that the "special needs" attendant to supervising probationers justified a warrantless search based on "reasonable grounds," that is, evidence less than the search warrant standard of probable cause. In this case, a probation officer received information from a detective that the probationer had a gun in his apartment. A warrantless search of his apartment revealed a handgun and he was convicted of possession of a firearm by a convicted felon and sentenced to two years in prison.
RJ is the guiding philosophical framework for a paradigm that seeks to promote maximum involvement of the victim, the offender, and the community (Bazemore and Maloney, 1994).
Instead of simply punishing those who commit crimes—retributive justice—the focus is on allowing the offender an opportunity to make amends to his or her victim (Crowe, 1998; Wright, 1991; Zehr and Mika, 1998).
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!Agencies may use saliva tests that are less intrusive, virtually impossible to cheat, and are particularly useful in the field. There is also a sweat patch test, a Band-Aid-like patch is attached to the skin to collect sweat for up to seven days and subsequently lab-tested for drug residue. If the patch is removed, it cannot be reattached. However, drug molecules from clothes or other people can penetrate the patch and trigger a false positive (Hawkins, 2002).
Offenders may be required to call a toll-free number daily to find out if they have been selected for testing, or they may be subjected to testing each time they report to their P/P officer. Typically, when there is a positive finding, unless there is corroboration, such as needle marks or an admission, a urine or saliva sample is sent to a laboratory for confirmation. Sloppy recording procedures and/or failure to maintain careful controls over the chain of custody of the specimen can also produce serious test errors.
P/P officers have generally been successful in avoiding legal liability for actions performed in the course of their duties. Immunity for probation officers is often dependent on the agency for which they work and the nature of the functions they perform, but in general they merely have qualified immunity (as opposed to the absolute immunity enjoyed by judges when performing judicial functions).
Probation officers who are employees of the court and who work under court supervision, while they do not enjoy the same absolute immunity of judges, are vested with judicial immunity for some acts, such as preparing and submitting a presentence report in a criminal case, because they are performing a quasi-judicial function.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!The superego keeps primitive (oral and anal) id impulses from being acted on. Persons with an antisocial personality disorder suffer from a poorly developed superego (psychopaths) and are restrained only by the ego, which alone cannot exercise adequate control over id impulses. Estimated to represent 10 to 15 percent of the offender population, J. Reid Meloy and Andrew Shiva (2007) believe that the psychopath does not experience the normal tripartite structure of id, ego, and superego.
The absence of a superego is the result of "failures of internalization that often begin with imitation of the parents' behaviors, but then expand to include family, school and community norms and rules." In short, there is a failure to internalize values. (There is a great deal of evidence indicating that the brains of psychopaths are abnormal. Superficially charming, psychopaths tend to make a good first impression and appear remarkably normal. Yet, they are largely devoid of any feelings of guilt and exhibit a "callous and remorseless disregard for the rights and feelings of others, and a pattern of chronic antisocial behavior".
Furthermore, how are technical violations of P/P rules to be treated (statistically) with respect to agency goals? More vigorous (i.e., intensive) supervision may produce more technical violations (although the research is not clear on this issue), whereas an agency that provides little or no supervision will have few (detected) technical violations—hence, fewer revocations of P/P.
The level of individual and agency tolerance for technical violations will also affect the revocation rate, and a higher revocation rate of technical violations may result in a lower number of new convictions—offenders screened out of supervision before they can be arrested for new crimes.
Women offenders are most likely to have committed crimes associated with poverty: Property, drug, and vice offenses. "Given the poverty-crime link, it is unlikely that the female crime rate will decrease unless the factors which contribute to the poverty of women are addressed" (Scroggins and Malley, 2010: 147).
They "often suffer from trauma and victimization, and officers may feel uncomfortable with or incapable of dealing with these issues and unsure of their ability to secure appropriate resources in the community" (Sydney, 2006b: 37).
