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  1. Community-Based Correction; intermediate sanctions

  2. Criminal Justice Diversion
    1. The removal of offenders from the application of the criminal law at any stage of the police or court process
    2. The development of diversion
      1. informal diversion, past and present
      2. Chicago Boys Court, early example of formalized diversion within the juvenile justice system
      3. New York City's Youth Counsel Bureau (early 1950s)
      4. District of Columbia's Project Crossroads
    3. Patterns of diversion
      1. the criminal justice process as a negative influence on offenders
      2. endorsements of diversion by both the 1967 President's Commission and the 1973 National Advisory Commission
      3. expansion of diversion during the 1970s (LEAA)
      4. youth service bureaus, counseling, tutoring, crisis intervention, etc.
      5. public inebriation programs, use of detoxification centers instead of taking arrested public inebriates to jail
      6. civil commitment, for some drug users, sexual deviants, and mentally ill offenders
      7. citizens dispute settlement, use of mediation to resolve conflict
      8. Treatment Accountability for Safer Communities (TASC), a bridge between the criminal justice system and the substance abuse treatment system
    4. The impact of diversion—evaluation research is inconclusive
    5. Community service programs


  3. Probation
    1. John August, the father of probation
    2. The nature of probation
      1. probation as a sentence (disposition)
      2. probation as a status, a system, and a process
    3. The probation philosophy
      1. nondangerous offenders do not need to be incarcerated for the protection of the community
      2. incarceration can make offenders worse
      3. includes elements of community protection and rehabilitation
      4. pragmatic issues
        1. prison overcrowding
        2. cost of imprisonment
        3. probation as more humane than prison
    4. Suspended sentences and conditional release
      1. withholding the imposition or execution of a court imposed penalty for a period of time dependent on the offender's good behavior
      2. suspension of imposition
      3. suspension of execution
      4. conditional and unconditional discharge
    5. The presentence or probation investigation
      1. probation administered in various ways
      2. presentence investigation, variations by jurisdiction
      3. privately commissioned presentence reports
      4. variations in length and content
      5. studies indicate a high correlation between probation recommendation and actual sentence given by the judge
      6. due process requirement (Williams v. New York)
    6. Conditions of probation
      1. state laws prohibiting or permitting probation for some offenses
      2. factors which influence the prosecutor's and judge's decisions concerning sentencing
      3. standard conditions of probation
      4. special conditions related to offender's needs, crime, or special circumstances
      5. requirement for payment of supervision fees
      6. conditions of probation are generally considered constitutional; searches governed by Griffin v. Wisconsin (1987)
    7. Restitution programs
      1. offenders must repay victims for monetary losses resulting from the crime
      2. often used as a condition of probation
      3. rationales for restitution
      4. criticisms of restitution
    8. Probation services
      1. the casework approach, diagnosis and treatment
      2. determination of supervision requirements
      3. quality and quantity of treatment services vary
      4. reasons for poor quality probation services
        1. requirements and backgrounds of probation officers vary widely
        2. probation officer apathy
        3. low salaries, limited advancement, low level of career mobility
        4. probation officer attitudes and styles differ considerably (working styles)
    9. Shock probation
      1. brief period of incarceration followed by suspension of sentence and probation
      2. arguments in favor of shock probation
      3. arguments against shock probation
      4. evaluation research is inconclusive concerning impact on recidivism
    10. Intensive probation supervision
      1. closer surveillance and tighter control than traditional probation
      2. intended to reduce prison crowding and protect society
      3. intensive supervision in Georgia
      4. evaluation research shows mixed and ambiguous results
    11. Probation violation and revocation
      1. probation as conditional, not absolute, freedom
      2. new arrest or technical violation can result in revocation
      3. absconding, failing to report as required, a form of escape
      4. discretionary authority of probation officer
      5. only the court can revoke probation
      6. requirement for due process
        1. Mempa v. Rhay (1967)
        2. Morrissey v. Brewer (1972)
        3. Gagnon v. Scarpelli (1973)
    12. The effectiveness of probation
      1. probation is the most widely used sanction
      2. research has produced contradictory findings; many probationers are still a threat to the community
      3. effectiveness may vary considerably from one jurisdiction to another


  4. Parole
    1. The dual nature of parole
      1. release process
      2. supervision process
      3. purposes of parole
    2. The origins of parole
      1. Maconochie and Crofton
      2. "good time" laws
      3. Zebulon Brockway and the Elmira Reformatory
    3. Parole administration
      1. differences between parole and probation
      2. the parole board
        1. select offenders for parole
        2. provide control and supervision
        3. discharge parolees from supervision
        4. make revocation decisions
      3. American Correctional Association recommendations concerning parole boards
      4. board members differ greatly in experience with the criminal justice system
    4. Eligibility for parole
      1. parole is not a right
      2. parole eligibility, earliest date that an inmate can be considered for parole
      3. good time as a factor
      4. the parole hearing
        1. conducted in private
        2. procedures vary
        3. wide discretion
        4. some due process required; Greenholtz case (1979); Pennsylvania Board of Probation and Parole v. Scott
      5. parole selection
        1. statutory requirements and legislative mandates
        2. prior record
        3. institutional conduct
        4. parole plan
        5. political influences
        6. an informed guess
        7. unpredictability of human behavior
      6. statistical prediction methods
        1. scientific parole prediction
        2. experience tables
        3. problems with parole prediction tables
      7. mandatory release
        1. prosecutor's recommendation
        2. the role of good time credit
        3. mandatory release, required by statute upon completion of sentence
    5. Conditions of parole
      1. what the offender must do and what he may not do
      2. reform conditions and control conditions
      3. special conditions as with probation
      4. some conditions have been ruled unconstitutional in recent years
    6. Parole supervision and services
      1. parole officer's duty to supervise, aid, and control parolees
      2. parole officers are armed peace officers in some states
      3. the difficulty of supervising parolees leads to a quasi-law enforcement role for the parole officer
    7. Parole violation and revocation
      1. similar to probation
      2. due process requirements; Morrissey v. Brewer
      3. disagreement over how long the parolee must serve in prison after revocation
      4. "street time" and "dead time"
    8. Parole discharge
      1. "max out," reach maximum expiration date
      2. discharged by parole board prior to maximum expiration date; executive clemency
      3. pardon by the governor
    9. The state of parole in the United States
      1. the role of the parole board has declined
      2. tremendous growth of the parole population
      3. the proportion of parole violators as a percentage of total prison population has increased substantially


  5. Trends in Community-Based Correction
    1. Increasing use of community correction, especially for non-violent offenders
    2. Furlough and temporary release
      1. furlough, authorized, unescorted absence from prison for a specified time period
      2. home furlough as a means of preparing an inmate for release
      3. work release, inmate is allowed out of prison to work for pay in the local community
      4. study release; similar to work release, but for academic or vocational education
      5. experiences with temporary release
        1. criticisms
        2. the problem of offenders committing new crimes
        3. absconding
        4. risks probably limit wide public acceptance
        5. halfway houses and prerelease enters
    3. Should parole be abolished?
      1. criticisms of parole
        1. unstructured decision-making
        2. parole tasks are beyond our capabilities
        3. we cannot predict future human behavior
        4. increases sentence disparity
      2. various theories of the parolee's status
      3. some states have abolished parole
      4. what works and what does not work with prisoner reentry


  6. Summary





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