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Preface | p. xvii |
About the Authors | p. xxi |
Overview of Community Corrections | p. 1 |
The State of Corrections Today: Why Community Corrections Is Important | p. 2 |
The Correctional Dilemma | p. 3 |
Change in Sentencing Laws | p. 3 |
The Toughening of Juvenile Justice | p. 6 |
The Paradox | p. 6 |
Public Perceptions of Community Corrections | p. 7 |
Correctional Budgets | p. 8 |
The Role of Corrections at Three Major Decision Points | p. 9 |
Pretrial and the Bail Decision | p. 12 |
Sentencing Decision | p. 12 |
Reentry Decision | p. 13 |
How Community Corrections Fits Correctional Goals | p. 13 |
Protection of the Public | p. 13 |
Rehabilitation | p. 14 |
Community Reintegration | p. 15 |
Restorative or Community Justice | p. 15 |
Public Shaming as Punishment | p. 16 |
What You Should Know about Evaluations of Community-Based Corrections | p. 17 |
What Works? | p. 17 |
How Is Effectiveness Measured? | p. 18 |
Other Outcome Measures for Evaluation | p. 19 |
Top Things You Should Know | p. 19 |
Discussion Questions | p. 20 |
Websites | p. 20 |
Pretrial Release and Diversion | p. 21 |
Introduction | p. 22 |
Pretrial Services | p. 22 |
The Pretrial Release Decision | p. 22 |
History of Pretrial Release | p. 22 |
The Least Restrictive Option | p. 23 |
Types of Bonds | p. 24 |
Characteristics of Pretrial Releasees | p. 25 |
Pretrial Supervision | p. 26 |
Failure to Appear | p. 26 |
Reducing Failure to Appear Rates | p. 26 |
Diversion | p. 28 |
Candidates for Diversion | p. 28 |
Drug Courts | p. 29 |
Assumptions of Drug Courts | p. 29 |
Gender and Drug Court Treatment Strategies | p. 31 |
Evaluating Drug Courts | p. 32 |
Mental Health Courts | p. 34 |
Criticisms of Diversion Programs | p. 35 |
Top Things You Should Know | p. 35 |
Discussion Questions | p. 35 |
Websites | p. 36 |
Case Study Exercise | p. 37 |
Sentencing and the Presentence Investigation Report | p. 39 |
Introduction | p. 40 |
Factors That Affect Granting a Community Sentence | p. 40 |
Eligibility for Community Corrections | p. 40 |
Conditions of Probation Fixed by Statute | p. 40 |
Availability and Quality of Intermediate Sanctions and Other Community-based Services | p. 41 |
Other Factors | p. 41 |
Sentencing Guidelines | p. 41 |
Voluntary Sentencing Guidelines | p. 42 |
Punishment Units | p. 42 |
Sentencing Commissions | p. 44 |
Conditions of Community Corrections | p. 44 |
Standard Conditions | p. 44 |
Special Conditions | p. 44 |
Limitations of Special Conditions | p. 45 |
Supervision Conditions Must Be Constitutional | p. 45 |
First Amendment Rights | p. 45 |
Searches and Seizures | p. 46 |
The Privilege Against Self-Incrimination | p. 47 |
The Presentence Investigation Report | p. 48 |
Purposes of the PSI Report | p. 48 |
Contents of the PSI Report | p. 49 |
Offender-Based PSI Reports | p. 49 |
Offense-Based PSI Reports | p. 50 |
Preparing the PSI Report | p. 52 |
The Initial Interview | p. 53 |
Investigation and Verification | p. 54 |
The Evaluative Summary | p. 54 |
The Sentence Recommendation | p. 55 |
Legal Issues Concerning the Presentence Report | p. 56 |
Disclosure of the PSI Report | p. 56 |
Inaccuracies in the PSI Report | p. 57 |
Hearsay in the PSI Report | p. 57 |
Does the Exclusionary Rule Apply? | p. 58 |
Miranda Warnings and the PSI Interview | p. 58 |
Right to a Lawyer during the PSI Interview | p. 58 |
Top Things You Should Know | p. 59 |
Discussion Questions | p. 59 |
Websites | p. 60 |
Probation Conditions | p. 60 |
p. 62 | |
p. 64 | |
Probation | p. 75 |
History of Probation | p. 76 |
Introduction | p. 77 |
Precursors to American Probation | p. 77 |
Recognizance and Suspended Sentence | p. 78 |
Two Kinds of Suspended Sentence | p. 78 |
The Power to Suspend Sentence | p. 78 |
Early Probation | p. 79 |
The Role of Volunteers and the Settlement Movement | p. 82 |
Development of Federal Probation | p. 82 |
History of Juvenile Probation and Female Probation Officers | p. 83 |
Early Probation Legislation in Other States | p. 84 |
Changing Concepts of Supervision | p. 85 |
The Casework Era: 1900-1970 | p. 85 |
Brokerage of Services Era: 1970-1980 | p. 85 |
Community Resource Management Team | p. 86 |
Justice Model of Supervision: 1980-1995 | p. 86 |
Top Things You Should Know | p. 87 |
Discussion Questions | p. 88 |
Websites | p. 88 |
Probation Officer Issues | p. 89 |
Introduction | p. 90 |
Organization of Probation Services | p. 90 |
Arguments for and Against State or Executive Branch Administration | p. 92 |
Community Corrections Acts | p. 93 |
A Typology of Probation Officer Work Styles | p. 94 |
Selection and Appointment of Probation Officers | p. 95 |
Appointment System | p. 96 |
Merit System | p. 97 |
Combined System | p. 97 |
Officer Qualifications, Training, and Salary | p. 98 |
Education and Experience | p. 98 |
Adult Preservice Training | p. 98 |
Juvenile Preservice and Orientation Training | p. 98 |
In-Service Training | p. 100 |
Officer Salary | p. 100 |
Firearms Policies for Probation and Parole Officers | p. 101 |
Probation Officer Job Stress | p. 102 |
Sources of Stress | p. 103 |
Decreasing Stress: Types of Immunity | p. 104 |
Absolute Immunity | p. 105 |
Oualified Immunity | p. 105 |
Private Probation | p. 106 |
Top Things You Should Know | p. 107 |
Discussion Questions | p. 107 |
Websites | p. 107 |
Classification and Supervision in Probation and Parole | p. 109 |
Introduction | p. 110 |
Neighborhood-Based Probation Supervision | p. 110 |
The Surveillance Function in Supervision | p. 116 |
Developing Prosocial Behaviors | p. 117 |
Building on Assets and Strengths | p. 117 |
Employment Services | p. 117 |
Using Informal Social Controls | p. 118 |
Classification: The First Step in Supervision | p. 118 |
Actuarial Risk Assessment | p. 121 |
Identifying Treatment Needs | p. 121 |
Developing the Case Plan | p. 124 |
Levels of Supervision | p. 124 |
Caseload and Workload Standards | p. 126 |
Specialized Caseloads | p. 126 |
Supervising Offenders Who Are Mentally Ill | p. 127 |
Supervising Offenders Who Have Abused Drugs and Alcohol | p. 128 |
Gender-Responsive Strategies | p. 129 |
Supervising Sex Offenders | p. 130 |
Polygraph Tests | p. 130 |
Global Positioning Systems | p. 130 |
Interstate Compacts on Probation | p. 131 |
New Interstate Compact for Adult Offender Supervision | p. 132 |
Revocation and the Interstate Compact | p. 132 |
Top Things You Should Know | p. 132 |
Discussion Questions | p. 133 |
Websites | p. 133 |
Case Study Exercise | p. 135 |
Probation Modification and Termination | p. 138 |
Introduction | p. 139 |
Modifying Probation Conditions | p. 140 |
Early Termination of Probation | p. 140 |
Modifying Conditions before the Revocation Decision | p. 141 |
The Decision to Revoke | p. 141 |
Types of Probation Violations | p. 143 |
Law Violations | p. 143 |
Technical Violations | p. 144 |
Probation Absconders | p. 145 |
Revocation Procedure | p. 145 |
The Power to Arrest Probationers | p. 146 |
Time on Probation or Parole Is Usually Not Credited if Revoked | p. 146 |
Revocation Rights of Probationers and Parolees | p. 147 |
Gagnon v. Scarpelli-The Facts | p. 148 |
The Right to a Hearing | p. 148 |
The Right to a Lawyer | p. 149 |
Level of Proof and Evidence Required | p. 149 |
Other Revocation Situations | p. 150 |
Revocation for an Inability to Pay? | p. 150 |
Juvenile Probation Revocation | p. 150 |
Revocation After Probation Term Expires | p. 150 |
Probation Effectiveness | p. 151 |
Probation Recidivism Rates | p. 151 |
Who Is More Likely to Succeed or Fail on Probation? | p. 152 |
Probationers Compared with Parolees | p. 153 |
Top Things You Should Know | p. 154 |
Discussion Questions | p. 154 |
Websites | p. 154 |
Case Study Exercise | p. 156 |
Intermediate Sanctions | p. 159 |
Residential Intermediate Sanctions | p. 160 |
Introduction | p. 161 |
Residential Community Corrections Facilities | p. 162 |
Halfway Houses | p. 162 |
History of Halfway Houses in the United States | p. 164 |
Program Components | p. 166 |
Levels System: A Form of Behavior Modification | p. 166 |
Worker Perspectives and Role Orientation | p. 167 |
Punishment and Treatment Role Orientations | p. 168 |
Evaluations of RCCFs | p. 168 |
Shock Incarceration | p. 169 |
Correctional Boot Camps | p. 170 |
Prison Boot Camps: The Case of New York State | p. 171 |
Probation Boot Camps | p. 172 |
Offender Perspectives | p. 173 |
Criticisms of Boot Camps | p. 176 |
Evaluations of Boot Camp Programs | p. 176 |
Eight Site Study | p. 176 |
Attitude and Behavoral Change | p. 177 |
Reduction of Crowding and Costs | p. 177 |
The Future of Shock Incarceration Programs | p. 177 |
Other Types of Residential Community Corrections Facilities | p. 177 |
Restitution Centers | p. 178 |
Minnesota Restitution | p. 178 |
Georgia Community Diversion Center | p. 178 |
Therapeutic Communities | p. 178 |
The Therapeutic Community Environment | p. 178 |
Challenges of the TC | p. 180 |
Types and Uses of Therapeutic Communities | p. 180 |
Evaluations of Therapeutic Communities | p. 181 |
Work Release and Work Ethic Camps | p. 181 |
Work Ethic Camp | p. 182 |
Combined Work Release and Therapeutic Community | p. 182 |
Women Offenders Living with Their Children | p. 182 |
John P. Craine House | p. 183 |
Top Things You Should Know | p. 184 |
Discussion Questions | p. 184 |
Websites | p. 185 |
Case Study Exercise | p. 186 |
Nonresidential Intermediate Sanctions | p. 187 |
Introduction | p. 188 |
Intensive Supervision Probation | p. 188 |
ISP Caseloads | p. 189 |
Attitudes toward ISP | p. 189 |
Evaluations of ISP | p. 189 |
Reduction of Prison Beds | p. 190 |
Cost-Benefit Analyses | p. 190 |
Treatment Participation | p. 190 |
Summary of ISP Evaluations | p. 190 |
House Arrest | p. 191 |
Purposes of Home Detention | p. 191 |
Criticisms of House Arrest | p. 191 |
Effectiveness of House Arrest | p. 192 |
House Arrest Versus Residential Community Corrections Facilities | p. 192 |
Pretrial Detainees | p. 193 |
Electronic Monitoring and Global Positioning Systems | p. 193 |
History of Electronic Monitoring | p. 194 |
Problems of Early EM Programs | p. 194 |
Remote Location Monitoring | p. 195 |
Officer Carries a Portable Receiver | p. 196 |
Global Positioning Systems | p. 196 |
Frequency of Use | p. 197 |
Attitudes toward EM | p. 198 |
Attitudes of EM Participants | p. 198 |
Citizen Attitudes | p. 199 |
Empirical Evaluations of Home-Based Electronic Monitoring | p. 200 |
Long-Term Effects | p. 200 |
Completion Rates | p. 200 |
Gender Differences | p. 200 |
Day Reporting Centers | p. 201 |
Purposes of DRCs | p. 202 |
Treatment-Oriented versus Supervision-Oriented DRCs | p. 202 |
Evaluations of DRCs | p. 205 |
Completion Rates | p. 205 |
Rate of Rearrest | p. 205 |
Predictors of DRC Failure | p. 206 |
Top Things You Should Know | p. 206 |
Discussion Questions | p. 207 |
Websites | p. 207 |
Case Study Exercise | p. 209 |
Economic and Restorative Justice Reparations | p. 210 |
Introduction | p. 211 |
Restorative Justice Principles | p. 211 |
Forms of Restorative Justice | p. 212 |
Victim-Offender Mediation | p. 213 |
Reparation Boards | p. 213 |
Family Group Conferencing | p. 214 |
Circle Sentencing | p. 214 |
Effectiveness of Restorative Justice Methods | p. 214 |
Restitution | p. 216 |
Restitution in History | p. 216 |
Losses Eligible for Compensation | p. 218 |
Problems Associated with Restitution | p. 218 |
Indigent Offenders | p. 219 |
Determining the Restitution Amount | p. 219 |
Collecting Restitution | p. 219 |
Increasing Restitution Collection Rates | p. 220 |
Effectiveness of Restitution | p. 220 |
Victim and Public Views Toward Restitution | p. 220 |
Community Service | p. 221 |
History of Community Service | p. 221 |
The English Model | p. 221 |
Purpose of Community Service | p. 221 |
Prevalence of Community Service | p. 222 |
Effectiveness of Community Service | p. 222 |
Fines | p. 224 |
Prevalence of Fines | p. 224 |
Revoking Probation for Fine Nonpayment | p. 225 |
Forfeitures | p. 225 |
Day Fines | p. 226 |
Evaluation of Day Fines | p. 226 |
Fees and Costs | p. 227 |
Top Things You Should Know | p. 228 |
Discussion Questions | p. 229 |
Websites | p. 229 |
Case Study Exercise | p. 230 |
Prisoner Reentry | p. 231 |
The History of Parole: From Its Origin to the Present | p. 232 |
Introduction | p. 233 |
The Origins of Parole | p. 233 |
Manuel Montesinos | p. 234 |
Georg Michael Obermaier | p. 235 |
Alexander Maconochie | p. 235 |
Transportation of English Prisoners to America | p. 235 |
Transportation of English Prisoners to Australia | p. 236 |
Marks System | p. 236 |
Norfolk Island | p. 236 |
Sir Walter Crofton and the Irish System | p. 237 |
Development of Parole in the United States | p. 237 |
Reward for Good Conduct | p. 237 |
Postrelease Supervision | p. 238 |
Zebulon R. Brockway and the Indeterminate Sentence | p. 238 |
Reducing the Cost of Incarceration | p. 238 |
The Medical Model: 1930-1960 | p. 239 |
Changing Public Opinion | p. 239 |
A Philosophical Change | p. 240 |
Origins of Modern Determinate Sentencing | p. 240 |
The Justice Model | p. 241 |
Changing of the Guard: From Discretionary Parole to Mandatory Release | p. 242 |
Parole Today | p. 244 |
Characteristics of Parolees | p. 246 |
Functions of Parole | p. 248 |
Prison Population Control | p. 249 |
Medical Parole | p. 250 |
Top Things You Should Know | p. 251 |
Discussion Questions | p. 252 |
Websites | p. 252 |
Case Study Exercise | p. 254 |
Preparing for Prisoner Reentry: Discretionary Parole and Mandatory Release | p. 258 |
Introduction | p. 259 |
Issues in Reentry | p. 259 |
The Prisoner's Family | p. 260 |
The Victim's Role in Reentry | p. 261 |
Reentry and the Community | p. 261 |
Community-Based Reentry Initiatives | p. 262 |
Reentry Courts | p. 262 |
Types of Reentry | p. 263 |
Eligibility for Parole | p. 263 |
Time Sheets and Eligibility Dates | p. 264 |
Prerelease Preparation within the Institution | p. 265 |
The Parole Board | p. 266 |
Term and Qualifications of the Parole Board | p. 268 |
The Parole Hearing | p. 268 |
Number of Parole Board Members | p. 268 |
Recommendations and Attendees | p. 269 |
Victim Participation in Parole Hearings | p. 270 |
Models of Parole Release Decisions | p. 271 |
The Surveillance Model | p. 271 |
The Procedural Justice Model | p. 271 |
The Risk Prediction Model | p. 271 |
Due Process During Discretionary Parole Hearings | p. 274 |
Menechino v. Oswald | p. 274 |
Greenholtz v. Inmates of the Nebraska Penal and Correctional Complex | p. 274 |
State-Created Liberty Interest | p. 275 |
Extending the Time Intervals between Parole Hearings | p. 275 |
Prisoners' Perceptions of Parole Selection | p. 276 |
Top Things You Should Know | p. 276 |
Discussion Questions | p. 277 |
Websites | p. 277 |
Case Study Exercise | p. 279 |
Parole Conditions and Revocation | p. 281 |
Introduction | p. 282 |
Prisoner Perspectives on Getting Out | p. 282 |
California Study | p. 283 |
Iowa Study | p. 284 |
The Field Parole Officer | p. 285 |
The Officer's Perspective | p. 285 |
Conditions of Parole | p. 286 |
Legal Issues in Parole Conditions | p. 286 |
Limited Parolee Rights | p. 288 |
First Amendment Rights | p. 288 |
Fourth Amendment Rights | p. 288 |
Violating Parole | p. 289 |
Warrants and Citations | p. 289 |
Due Process Rights under "Preparole" | p. 291 |
Characteristics of Parole Violators | p. 291 |
Parole Revocation Rate | p. 291 |
Reasons for Revocation | p. 292 |
Why Have Revocation Rates Increased? | p. 293 |
Attitudes on Revocation | p. 294 |
Parole Absconders | p. 295 |
Why Do Parolees Leave? | p. 295 |
Type I Absconders: Benign | p. 295 |
Type II Absconders: Menace to Society | p. 295 |
Locating and Apprehending Fugitives | p. 296 |
Predicting Absconding Behavior | p. 297 |
Parole Effectiveness | p. 298 |
Recidivism Studies | p. 299 |
Predicting Parole Outcomes | p. 300 |
Gender Differences | p. 300 |
Number of Prior Arrests | p. 300 |
Supervision Versus No Supervision | p. 300 |
Top Things You Should Know | p. 302 |
Discussion Questions | p. 303 |
Websites | p. 303 |
Case Study Exercise | p. 304 |
Special Issues in Community Corrections | p. 307 |
Juvenile Justice, Probation, and Parole | p. 308 |
Introduction | p. 309 |
Background and History | p. 309 |
Mens Rea and Juveniles | p. 309 |
Parens Patriae and Its Decline | p. 310 |
Juvenile Justice and Adult Justice Systems Compared | p. 310 |
Differences | p. 310 |
Reality | p. 311 |
Juvenile Courts | p. 311 |
Created in the U.S.A. | p. 311 |
Jurisdiction of Juvenile Courts | p. 312 |
Based on Age | p. 312 |
Based on Acts Committed | p. 314 |
Differences from Adult Courts | p. 314 |
Transfer from Juvenile Courts to Adult Courts | p. 315 |
An Overview of the Juvenile Justice Process | p. 316 |
Procedure before Adjudication | p. 317 |
The Intake Stage | p. 318 |
The Adjudication Stage | p. 318 |
The Disposition Stage | p. 319 |
Blended Sentences | p. 320 |
Release from an Institution | p. 320 |
In Re Gault: The Most Important Juvenile Justice Case | p. 320 |
Juvenile Probation | p. 322 |
Origin | p. 322 |
Conditions of Probation | p. 323 |
Judges Have Much Discretion | p. 323 |
Types of Conditions | p. 323 |
Supervision | p. 323 |
Juvenile Probation Officers | p. 323 |
Intensive Supervision Probation | p. 325 |
School-Based Probation | p. 325 |
Fare v. Michael C.: An Important Case in Juvenile Probation Supervision | p. 326 |
The Probation Record of Juveniles | p. 327 |
Juvenile Parole (Or Aftercare) | p. 328 |
Background | p. 328 |
Similarities with Probation | p. 328 |
Differences from Probation | p. 329 |
Parole Boards | p. 329 |
Responsibilities of Juvenile Parole Officers | p. 329 |
Evaluating Juvenile Parole Programs | p. 330 |
Revocation of Juvenile Probation or Parole | p. 330 |
No Standards for Revocation | p. 331 |
Result of Revocation | p. 331 |
Top Things You Should Know | p. 331 |
Discussion Questions | p. 332 |
Websites | p. 332 |
Case Study Exercise | p. 334 |
Collateral Consequences of Conviction, Pardon, and Restoration of Rights | p. 336 |
Introduction | p. 337 |
Civil and Political Rights Defined | p. 338 |
Background of Civil Disabilities | p. 338 |
Civil Disabilities Today | p. 339 |
Differences by State | p. 339 |
Other Differences | p. 340 |
Civil and Political Rights Affected By Conviction | p. 340 |
Loss of Right to Vote | p. 341 |
Loss of Right to Serve on a Jury | p. 342 |
Loss of Credibility As a Witness 343 Loss of the Right to Hold Public Office | p. 343 |
Employment-Related Rights | p. 343 |
Public Employment | p. 343 |
Private Employment | p. 344 |
Right to an Occupational License | p. 344 |
Loss of Capacity to be Bonded | p. 345 |
Loss of Good Moral Character | p. 346 |
Loss of Right to Own or Possess a Firearm | p. 346 |
Loss of Welfare Benefits | p. 347 |
Loss of Parental Rights | p. 347 |
Problems with Civil Disability Laws | p. 347 |
Other Effects of Conviction | p. 348 |
Sex Offender Registration Laws | p. 348 |
Sex Offender Notification Laws | p. 349 |
Involuntary Commitment of Sexual Predators | p. 351 |
Social Stigmatization | p. 353 |
Pardon | p. 353 |
Definition and Purpose | p. 353 |
The Power to Pardon | p. 354 |
Kinds of Pardon | p. 354 |
Procedure for Obtaining a Pardon | p. 355 |
Legal Effects of a Pardon | p. 355 |
Effects of a Pardon on Occupational Licensing | p. 355 |
Restoration of Rights | p. 356 |
Restoration upon Application | p. 356 |
Automatic Restoration | p. 356 |
Restoring the Right to Vote | p. 357 |
Restoring Good Moral Character | p. 357 |
Expungement of Criminal Records | p. 359 |
Sealing of Criminal Records | p. 360 |
Top Things You Should Know | p. 361 |
Discussion Questions | p. 362 |
Websites | p. 362 |
Case Study | p. 364 |
Glossary | p. 367 |
References | p. 373 |
Table of Cases | p. 389 |
Name Index | p. 391 |
Subject Index | p. 395 |
Table of Contents provided by Ingram. All Rights Reserved. |
The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.
The Used, Rental and eBook copies of this book are not guaranteed to include any supplemental materials. Typically, only the book itself is included. This is true even if the title states it includes any access cards, study guides, lab manuals, CDs, etc.