Instructor Manual for Corrections: The Essentials

2nd Second Edition, Mary K. Stohr, Anthony Walsh

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Instructor Manual for Corrections: The Essentials 2nd Second Edition, Mary K. Stohr, Anthony

Stohr/Walsh, Corrections: The Essentials (Second Edition) Instructor Resources

Chapter 7: Community Corrections: Probation and Intermediary Sanctions

Section Outline

1. Introduction: The Origins of Probation

a. Probation
i. Defined
ii. Probare
1. “to prove”
iii. Conditional release into community
1. Testing of person’s character and ability to meet certain requirements
iv. About 90% of sentences handed down are probation
b. Imprisonment is relatively modern and expensive
i. Historically punishment was a community spectacle
c. Punishment and the Enlightenment Period
i. Barbaric to contemplation
d. Judicial reprieve
i. Defined
1. No probation officers to supervise
e. Early American courts used judicial reprieve
i. Release on recognizance
1. Then and now
a. Then: granted to those already convicted
b. Now: granted to those arrested and awaiting trial
i. Release without paying bail or bond
f. John Augustus
i. Boston cobbler
ii. Developed the first real probation system in 1840s (America)
1. Appeared in court
2. Offered to take carefully selected offenders into his home, supervise
them and do what he could to help them reform
3. Reprieved person was supervised and helped
g. 1878 Massachusetts legislature authorized hiring of salaried officers
i. Ex Parte United States [Killits](1916)
1. Led to passing of National Probation Act of 1925
a. Allowed judges to suspend sentences and place convicted
offenders on probation
2. Number and Demographic Characteristics of Offenders on Probation
a. Bureau of Justice Statistics (Maruschak & Bonczar, 2013)
i. 3,942,776 adult Americans on probation in 2012 (1 in 61 adults in U.S.)
1. Down 8.2% from all-time high of 4,293,163 in 2008
ii. In 2012, 2,048,300 entries into probation system
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Stohr/Walsh, Corrections: The Essentials (Second Edition) Instructor Resources

1. 2,089,800 exits
a. Of those who exited:
i. 68% were successful
ii. 15% were incarcerated
iii. 9% unsuccessfully terminated
iv. Remainder:
1. Absconded
2. Died
3. Deported
4. Transferred to another agency
2. Gender
a. Males constituted 76% of adult population
3. Race/Ethnicity
a. 54% were white
b. 30% were black
c. 12% were Hispanic
d. 4% classified as “other”
3. Why Do We Need Community Corrections?
a. Community corrections defined
b. Views of general public
i. “soft on crime”
c. View of offenders
i. Experienced prefer doing prison time
ii. Non-experienced prefer probation
d. Five benefits to the community
4. The Probation Officer Role
a. Two common roles
i. Protect community
ii. Assist probationers and parolees to become productive and law-abiding citizens
b. Dual roles mark them as law enforcement officers and social workers
c. Clientele is dependent on legal status
d. Probation is a judicial function
i. Ultimate supervision of court
e. Probation officers are officers of the court
i. Responsible for enforcing court orders
1. May require monitoring adherence to programs
2. Required to make arrests, perform searches, and seize evidence of
wrongdoing
3. May have to appear in court
5. Models of Probation Supervision
a. Effectiveness
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i. Perceptions range from dismal to outstanding

ii. Problems
1. Gaining trust of clientele
a. Most officers are white middle class
i. Most clientele are minorities
b. Most officers are female
i. Most clientele are male
iii. Measures
1. Community protection (law enforcement role) versus changing
offenders into law abiding citizens (social work role)
b. Taking on the roles
i. Extent to which officers follow models depends on individual officers and
departmental supervision model dictated
1. Law enforcement
a. Emphasize strict compliance
b. Hold offenders strictly accountable
c. Authoritarian
i. Inflexible disciplinarians
ii. Leads to hostility and rebelliousness among clientele
2. Social worker (counselor)
a. Provide offenders with whatever is available to bring about
change of behavior
b. Permissive
i. Set few rules, reluctant to enforce those set
ii. Seen as “pushover” inviting noncompliance
3. Third group of officers
a. “hybrid” role (model) approach
i. Authoritative
1. Firm enforcers but fair
2. Know that boundaries must be set and
consequences endured for going beyond them
a. Clearly describe both but still offer
guidance and support
c. Research on different styles with respect to dual roles of community protection and
offender rehabilitation
i. Paparozzi and Gendreau (2005)
1. Studies and findings
d. Hawaii’s Opportunity Probation with Enforcement (HOPE) program (Discussed further
in Chapter 15)
6. Probation Violations and Graduated Sanctions

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a. Tendency in cost-cutting economy to turn to evidence-based research to reducing

probation revocations
i. Saves taxpayer money
b. Officers enjoy discretion in whether or not to violate an individual’s probation and
reasons why they will do so
i. Formal probation violation (PV) goes before sentencing judge with
recommendation from officer
c. Some states use actuarial assessments to determine circumstances for technical and
some minor criminal violations
d. Tool used by Vermont Department of Corrections
i. Both violations and sanctions have three-level hierarchy of increasing
seriousness of violation and increasing severity of punishment
7. Probation Officer Stress
a. Not easiest or lucrative job
b. Bureau of Labor Statistics (2011)
i. Pay for probation officers
c. Officers deal with difficult human beings on daily basis
d. Demands of job can lead to stress
e. Finn and Kuck (2005)
i. Study of officers in four states
1. Findings
f. Stress
i. Defined
g. Slate et al. (2003)
i. Surveyed officers to find most important job stressors
1. Poor salaries
2. Poor promotion opportunities
3. Excessive paperwork
4. Lack of resources from community
5. Large caseloads
6. General frustration with inadequacies of system
ii. Stressors can lead to psychological withdrawal from job
iii. High stress levels lead to
1. Frequent absenteeism
2. High rates of employee turnover
iv. Emphasize attempts to address problem of probation officer stress should be
organizational, not personal
1. Participatory management is key
8. Engaging the Community to Prevent Recidivism
a. Probation began as voluntary community effort in U.S. and Britain
i. Has faded in countries with professionalization of probation
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ii. Still dominates in countries like Japan

1. About 50,000 volunteer officers; only 800 professional officers
iii. Probably cannot be revived in western countries
1. Goal is to engage communities in process of offender rehabilitation
more than currently done
b. Criminological literature provides support for notions that social bonds and social capital
are powerful barriers against criminal offending
i. Social bonds
1. Hirschi (1969)
2. Defined
ii. Social capital
1. Sampson and Laub (1999)
2. Defined
3. Great majority of felons considered in terms of deficiency
c. Good case management requires community involvement
i. No agency is able to deliver full range of resources
ii. Officers must assess client needs and also be able to locate and network with
community agencies
9. Intermediate Sanctions
i. Defined
ii. A way of easing prison overcrowding and financial costs
a. Work Release
iii. Designed to control offenders in secure environment while allowing them to
maintain employment
iv. Clientele legal and extra legal status
v. Strict surveillance
vi. Advantages to program
vii. Recidivism
b. Intensive Supervision Probation
i. Limited clientele
ii. Reduced caseloads for officers
1. Closer supervision
a. Aggressive surveillance and punitive sanctions
iii. Mackenzie and Brame (2001)
1. Study of ISP supervision
2. Findings
iv. Coercion
1. Probationers and parolees
2. Criminal justice system must provide motivation
c. Shock Probation/Parole and Boot Camps
i. Shock Probation/Parole
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Instructor Manual for Corrections: The Essentials 2nd Second Edition, Mary K. Stohr, Anthony

Stohr/Walsh, Corrections: The Essentials (Second Edition) Instructor Resources

1. Initiated in Ohio in 1970s

2. Designed to literally shock offenders into quitting criminal lifestyles by
brief exposure to horrors of prison
3. Clientele legal status
a. Typically limited to first time offenders
4. Program specifics
ii. Boot Camps
1. Correctional facilities modeled after military boot camps
2. Clientele legal and extra legal status
3. Sentence length
4. May et al. (2005)
a. Analysis of “exchange rates”
b. Findings
5. Botcher and Ezell (2005)
a. Evaluation of offenders sent to California boot camps
b. Findings
d. Victim-Offender Reconciliation Programs (VORPS)
i. Designed to bring offenders and victims together in attempt to reconcile wrongs
caused
ii. Integral part of restorative justice philosophy
1. Considers offender, victim, and community as partners in restoring
situation to its pre-victimization status
2. Often referred to as balanced approach
a. Gives approximately equal weight to community protection,
offender accountability, and offender competency
3. Many victims seek fairness, justice, and restitution as defined by them
iii. Provides opportunity to make offenders aware of feelings of the victim and how
they can be restored
iv. Most often used in juvenile justice system
v. Rarely used for violent crimes in either system
vi. Mark Umbreit (1994)
1. Satisfaction research of reports of victims who participated in VORPs
a. Five findings
vii. Do not suit all victims
viii. Value has yet to be properly assessed
10. Summary

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