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John Augustus
- "father" of probation
- bailed out more than 2,000 inmates and children who were awaiting trial - only 4 recidivated
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Most Common Correctional Sentencing
Probation - serving time in the community (limited rights)
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Regular Caseloads
standard probationers requiring no special program or supervision
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Intensive Supervision Caseloads
- higher risk offenders
- created as an alternative to prison
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Special Caseloads
- offenders with similar issues
- i.e.: substance abuse, mental illness, history of sex offenses
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Standard Conditions of Probation
- conditions everyone on probation follows (vary by state, but is the same for the same offenses)
- remain within jurisdiction
- report to PO as directed
- maintain employment
- refrain from excessive use of alcohol (no drugs)
- don't commit any crimes
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Special Conditions of Probation
- drug or alcohol counseling
- drug testing (random)
- mental health counseling
- non association with certain persons (i.e.: gangs)
- stay out of bars and poolrooms
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Mempa v. Rhay (1967)
right to attorney during revocation hearing
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United States v. Birbaum (1970)
probation is a privilege, not a right
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Morrissey v. Brewer (1972)
identified due process rights for parole hearings
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Gagnon v. Scarpelli (1973)
extended Morrissey rights to probationers
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"Broken Windows" Strategy
- promptly addressing issues to avoid greater instability
- minimum supervision - offender can do whatever they want
- regular supervision - heavy caseloads
- intensive supervision - watching too close, find everything
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Risk Principle
target resources for higher risk offenders
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Need Principle
focus on needs which could lead to new crimes
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Responsivity Principle
not one size fits all (reactive - case by case)
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Dosage
first 6-9 months of supervision has highest risk of recidivism
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Treatment Principle
integrated treatment plan
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Intermediate Sanctions
- intense punishments (typically surveillance)
- (i.e.: economic sanctions, intensive probation, "shock" time, boot camps, residential centers, house arrest, community service, electronic monitoring)
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Intensive Supervision Probation
- initiated in Georgia in 1974 to more closely monitor higher-risk probationers
- watched more closely, which initially resulted in more probation violations
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Electronic Monitoring
- notifies PO if offender is not in authorized location
- GPS can identify offender's location
- cost is borne by offender
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Community Residential Centers (CRC)
recognized in the 1980s as an aid to probationers who needed greater structure
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Operations of Boot Camp
- correctional boot camps are similar to military boot camps (usually for juveniles)
- (i.e.: short hair, shined shoes, uniforms, discipline, exercise, hard work)
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Shock Probation
- short period of incarceration during probation as an intermediate sanction for violations
- objective deterrence
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Net-Widening and its Problems
- intermediate sanctions should divert offenders from prison
- intermediate sanctions should reduce the cost of corrections
- intermediate sanctions should reduce recidivism
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