Intermediate Sanctions and Community Corrections by tyndale

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									Intermediate Sanctions and
Community Corrections

 What are intermediate sanctions?
 Why do we use them?
 What are the specific forms of IS?
 Who are the clients?
What are Intermediate Sanctions?

   Range of sanctions between prison and
    traditional probation
     Vary in intrusiveness and control
     Most served in community
           Some involve some form of detention
Why have intermed. sanctions?

1) Democratic ideals
2) Incarceration not effective at crime
3) More supervision than traditional
4) More specialized programs
5) Individualized punishment
6) Alternative to prison for VOPs
Types of IS

   Vary from state to state
       Can operate at local or state level
       Can be codified as law or instituted by correctional
   Most common forms:
       intensive supervision probation (ISP)
       work release
       house arrest
       electronic monitoring
Types of IS

   Other forms:
     day fines
     asset forfeiture

     restitution

     community service

     day reporting centers

     boot camp
Types of IS

   Intensive supervision probation (ISP)
       Very close supervision - for high-risk offenders
       Find high rates technical violations
       Rand experiment:
            Random assignment to ISP or probation
            No difference in rearrest, but way more technical VOPs
   Despite research findings, ISP extremely popular
    across country
Types of IS

   House arrest (AKA home confinement)

       Sentenced to incarceration, but serve sentence at home
            Usually permitted to go out for specific reasons (e.g. work)
       Most on house arrest genuinely diverted from prison
       Seems to work best w/ low-risk offenders
       Often used w/ electronic monitoring
Types of IS

   Electronic monitoring
     Most often used in conjunction w/ house arrest
     Offender wears electronic transmitting device

     Two types of monitors:
           Passive – responds only to inquiries
                Monitor calls offender, who has to put device on receiver
                 next to phone
           Active – sends continuous signals to receiver
                Monitor notes breaks in signal
Types of IS
   Fines
       Monetary penalty paid directly to court
       Possible solution: day fines
            Tied to offender’s ability to pay
            First decide amount of fine in standardized units, based on
             severity of crime
                  e.g. How many days of freedom is it worth?
            Then decide value of standardized unit
            Usually = offender’s net daily income
Types of IS

   Forfeiture
     Government confiscates property obtained w/ $
      earned through criminal activity
     Can be implemented under civil or criminal law
           Civil: can be seized w/o finding of guilt
           Criminal: occurs after conviction
     Highly controversial, challenged in court
     USSC has restricted its use
Types of IS

   Restitution

     Pay victim back for losses
     Typically used as a probation add-on

     Intended to help repair damage done

     Frequently goes unpaid
           National study found only 45% of total ordered was
Types of IS

   Community service

       Offender provides free labor for specified hours
        in some public service
            e.g, removing graffiti, cleaning parks
       Benefits community and offender
            Held accountable for his crime
            Avoids economic penalty and incarceration
       Some view it as too lenient
Types of IS

   Boot camps
     Used most commonly with juvenile offenders
     Subject offender to harsh military discipline
            Get him to “shape up”
       Most evaluations?
            No difference in recidivism between BC and
             traditional punishment
Who are the clients?

   All types of offenders
   Programs intended to target either offenders:
       who’d otherwise go to prison or
       who need more supervision than they’d get on
   Reality: many judges reluctant to divert offenders
    from prison
       Result? Many sent to IS who actually would have been
        given probation  no real cost saving
Who are the clients?

   Programs themselves also take conservative
       High-risk cases deemed ineligible
   How choose?
       Evaluate crime severity and offender’s problems
       Have to weigh stakes
            What happens if offender fails?
            Costs to victims and society
            Also negative publicity for administering agency
Future of IS
   Fed. gov’t. providing $ to states for IS
   More than 1/2 the states have laws supporting
    comm. corrections
       Provides $ to counties to keep people out of prison -->
            State pays for prison --> counties have no incentive not to send
             them to prison
   Still has had limited impact on prison pop.
       Many states eliminated parole
       Mandatory sentences --> prison sentences
Future of IS

   For IS to really make a dent, will have to:

       overcome reluctance on part of CJS to place offenders

       get communities to overcome their opposition to
        placing programs in their neighborhoods

       have programs with clearly articulated goals

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