a nonincarcerative santion in which offenders serve all or a portion of their sentence in the community.
the community supervision of a convicted offender in lieu of incarcetation under conditions imposed by the courty for a specified period during which the court retains authourity to midify the conditions or to resentence the offender if he or she violates the conditions.
a sentencing philosophy that encourages rehabititation and incorporateds a broad sentencing range where discretionary release is determined by a parole board based on the offenders remorse, insight into his or her mistakes, involvement in rehabiltitation, and readiness to return to society.
a statutorily determined sentence that offenders will presumably receive if convicted. offenders convicted in a jurisdiction with presumptive sentences will be assessed this sentence unless mitigating or aggravating circumstances are found to exist
a sentencing philosophy that focuses on consistency for the crime committed, specifying by statue or sentencing guidelines an exact amount or narrow range of time to be served in prison or in the community, which mandates the minimum amount of time before the offender is eligible if at all for release. Also known as presumptive, fixed or mandatory sentence.
court ordered correctional supervision of a defendant who has not yet been convicted whereby the defendant participates in activities such as reporting, house arrest, and electronic monitoring to ensure appearance at the next court date.
a spectrum of community supervision strategies that vary greatly in terms of their supervision level and treatment capacity, ranging from diversion to short-term duration in a residential community facility.
any activity or program conducted to prepare ex convicts to return safely to the community and to live as law abiding citizens.
a minimum securtiy community based or institutional setting for offenders who have spent time in prison and are nearing relaease. The focus of these programs includes transitioning, securing a job, and reestablishing family connections.
early privileged release of a convicted offender from a penal or correctional instituion, under the continual custody of the state, to serve the remainder of his or her sentence in the community under supervision
an incarcerative sanction in which offenders serve their sentence away from the communty in a jail or prison institution.
various sentencing philosophies and practices that emphasize the offender taking responsiblity to repair the harm done to the victim and to the surrounding community. includes forms or victim offender mediation, reparation panels, circle sentencing, and monetary sanctions.
integrating into everyday practice the correctional programs and techniques that have been shown to be the most effective with offenders using evaluation results from systematically evaluated research studies.
evidance based practices
using stiffer punishment or excessive control for offenders who would have ordianrily been sentened to a lesser sanction
the repetition of or return to crimianl behavior, variously defined in one of three ways: rearrest, reconviction, or reincarceration.
what are three compenents to help in the changing of an offenders attitude, and behavior and help in the prevention of future criminal behavior?
reintegration, rehabilitation, and restorative justice
the effectivness of comm supervision programs depends on what?
how recidivism is defined and how long after supervison it is measured, wheather there is a comparison group, how the groups are selected, and if net widening occured.
a defendants release in the communtiy following arrest as an alternative to detention while the defendant prepares for the next scheduled court appearance.
statutory authority that allows pretrail services officers to release the defendant before the initioal court appearance in front of the judge
delegated release authority
court ordered correctional supervision of a defendant who has not yet been convicted whereby the defendant participates in activities such as reporting, house arrest, and electronic monitoring to ensure appearance at the next court date
pre trial supervision
an alternative program to traditional criminal sentencing or juventile justice adjudication that provides first time offenders with a chance or addresses unique treatment needs, with the successufl comletion resulting in the dismissal of the current charges.
a diversion program for drug addictis in which the judge, prosecutor, and probation officer play a proactive role and monitor the progress of the clientes throught weekly visits to the courtroom, using a process of graduated sanctions
individuals who are favorabley discharged from drug court as a percentage of the total number admitted and not still enrolled.
the combined total of the successful comleters and those anctively enrolled compared to eh tatal number admitted to drug court.
a diversion program for mentally ill defendants in which the judge, prosecutor, and probation officer play a proactive role and monitor the progress of clients through weekly visits to the court room.
mental health courts
what is the purpose of a pre trial release program?
the puropse is to ensure that the defendant appears for court and the public is safe while the defendant is out on bond
will the offender have a formal record of conviction upon completion of a diversion program?
no- but if they don complete it they will face charges/punishment
the postconviction stage in which the defendant is brought before the court for formal judgment pronounced by a judge
each defendants case is considered in total according to its subjectivities, harms, wrongs, and contexts, and then measured against concepts such as oppresstion, freedon, dignity and equality
a governing body that monitors the use of the sentencing guidelines and departures from the recommended sentences.
conditions imposed on all offenders in all jurisdictions
conditions tailored to fit the needs of a offender.- what are some examples
attend literacy classes
go drug and alcohol treatment
attend parenting classes
seek mental healty
conditions that are sufficiently esplicit so as to inform a reasonble person of the conduct that is required or prohibited
probation conditions that the offender can reasonbly comply with
a report submitted to the court before sentencing describing the nature of the offense, offender characteristics, criminal history, loss to the victim, and sentencing recommendations
presentence investigation report- (psi)
a report written by a probation officer after the defendant has pled guilty and been sentence in order to aid probation and parole officers in supervision, classification and program plans.
post sentence report
a sentencing philosophy that encourages rehabiltiation and incorporateds a broad sentencing range where discretionary release is determined by a parole board based on the offenders remorse, insight into his or her mistakes, involvement in rehabiltiation, and rediness to return to society
a presentence investigation report that seeks to understand the offender and the circumstances of theoffense and to evaluate the offenders potentioal as a law abiding, productive citizen.
offender based prestnce report
an investigation undertaken by a probation officer for the prupose of gathering and analyzing information to complete a report for the court.
a presentence investigation report that focuses primarily on the offense committed, the offenders culpabiltiy, and prior criminal history.
offense based presentence report
a written account by the victim as to how the crime has taken a toll physically, emotionally, finacially, or psychologically on the victim. Victim impact statments are consedered by many states at time of
sentincing and at parole board hearings
victim impact statement
the right of a defendant to read and rfute information in the p.s.i report prior to sentencing.
info offered as a truthful assertion that does not come from the personal knowledge fo the person giving the information but from knowledge that person received from a third party.
a rule of evidence that enforce the 4th amendment prohibiton against unreasonable search and seizure, whereby illegal police searches are not admissible in a courty of law. the purpose is to deter police misconduct.
supervision conditions are both ______ and ______.
standard conditions, and special conditions
what are the legal issues with the p.s.i?
the offender has the opportunity to refute info contained in the report, hearsay evidance is allowed, and the interveiw does not require miranda warnings, nor the presence of an attorney
what is indeterminatnt sentencing
a range of sentencing - a minimal and maximal 3-9 years
what is determinant sentencing
a definate sentencing
what are the three major decision points( front end, middle, back end)
front end- arrested, bail, pre trial
middle- sentencing- prison, probation
back end- re-entry
how does cc fit correctional goals?
protection of the public
restoritive or community justice
detterence through shaming
if you have a felony when does diverson come?
after the arraignment
if you have a misd when does the diversion come?
at the pre trial
what things does the judge look at when setting bond?
the def. character
time spent in area
common pleas court only sees ______ cases?
what type of bond do most offenders get?
type of bond where defendant pays no money to the court, buy is liable for the full bail amount if fails to appear (fta)
defendent signs an agreement to appear: no money is paid or owed to the court for FTA
release on recognizances
defendant is released with specific court ordered conditions
use of a bail bond company where the bail company is liable if the defendant fta- bail co. charges a 10-15% fee for taking the risk.
defendant deposits bail amount in cash or property collateral with court- money is returned after all court dates and is forfeited for fta.
right to religion, speech, assembly- this amendment affects supervision bc of the religion aspect.
the right to search and seizure- what amendment? this is a supervision condition that has to do with the constitiution- always use police to assist you.
this amendment quarentees the privlege against self incrimination with supervision conditions