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Probation Supervision
Chapter 5
The Dual Functions of Probation
Investigation Presentence Investigation (PSI)
Summary of offenders background
Probation supervision policies & practices: Establish relationship, define roles Establish supervision goals Termination
The Dual Functions of Probation
Investigation Work with teachers, officials, psychologists, judge to
provide information to assist the judge in a proper sentence for the offender
Supervision Series of tasks loosely connected to possible
rehabilitation Rewards of this work are inconsistent and intangible
Discussion Question
Do you believe that probation officers have too much power when it comes to their role in investigative authority, especially the presentence investigation report?
The Investigative Function
PSI—most important role in the sentencing process Purpose
Sentencing Rehabilitation Risk management
Plea bargaining
The Investigative Function
PSI Contents
Objectivity Reliable Victim impact statement
The Investigative Function
PSI Recommendations
Controversial Not all have sentencing recommendations Agreement with actual sentence Plea-bargaining
The Investigative Function
PSI Disclosure
In many states defendants do not receive a copy Williams v. New York (1949)
Cleansing Confidential comments from private citizen Clinical statements or evaluations that might be
damaging
The Investigative Function
PSI Private PSIs
Client-specific planning Advocate for the defendant
Controversial Unfair advantage for middle/upper class Liability for accuracy and relevance of information they
provide the court
Discussion Question
Imagine you are a judge who has the responsibility of sentencing an offender who has just pled guilty to a burglary and possession of cocaine. The sentence has to be determined. The defense attorney is asking for probation with a condition of residential drug treatment. The prosecutor is demanding that the offender serve five years in prison. The probation officer who has completed the presentence investigation report is also recommending prison time, but wants 3 years instead of 5. What would you look for specifically in the PSI to make your determination of the sentence? What other factors would you consider in your sentencing decision?
The Supervisory Function
The Officer—enforce the law and help the offender Conflict—power and authority
Motivational interviewing Behavior change
Identify tools for handling resistance
Keep officer from doing all the work
Responsibility of behavior change on the officer
The Supervisory Function
The Offender Response—depends on his/her perception of
the officer’s power
Commonly resent their status
The Supervisory Function
The Bureaucracy
Formal constraints—legal conditions of probation
Standard conditions—imposed on all probationers
Punitive conditions—fines, community service, form of restitution
Treatment conditions—alcohol/substance help
The Effectiveness of Supervision
Recidivism Case Management Systems
Statistical risk assessment Systematic needs assessment Contact supervision standards Case planning Workload accounting
The Effectiveness of Supervision
Evidence-Based Supervision Focus program on high-risk probationers Greater levels of supervision to higher-risk clients Treatment programs designed around higher-risk
clients Make referrals to treatment programs
The Effectiveness of Supervision
Specialized Supervision Programs Sex offenders Drug offenders Mentally ill offenders Techniques for drug surveillance and treatment
Urinalysis Antabuse Methadone
The Effectiveness of Supervision
Performance-Based Supervision
Focus on results in setting priorities and selecting activities
Public safety
Broken windows probation
The Effectiveness of Supervision
Is Probation Effective Regardless? Comparison of probation strategies reveal little
differences What if methods matter little but probation
works? Recent study
Reduction in criminality following probation sentence
Discussion Question
Do you think drug abuse is a medical problem or a criminal justice problem?
How we should deal with the issue of drugs at the:
a) local levelb) state levelc) federal level?
Revocation and Terminationof Probation
Probation Status Ends in One of Two Ways
Successful completion of period of probation
Revocation because of misbehavior Technical violation
Revocation and Terminationof Probation
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Revocation and Terminationof Probation
Three Stages of Revocation
Preliminary hearing—facts of arrest are reviewed for probable cause
Hearing—facts of allegation heard and decided
Sentencing—incarceration or reinstatement of probation
Probation in the Coming Decade
Dramatic changes Decreased caseloads allowing for pilot
programs
Public safety need is greater based on more convicted felons
Changing demographics in U.S. leads to officers needing cultural literacy
Probation in the Coming Decade
Dramatic changes Monitoring tools for probation officers
increase: Ankle bracelet, GPS Alcohol consumption monitors Mobile automated fingerprinting systems Videoconferencing