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Article

David E. Olson

Despite all the attention paid to the growing prison populations in the United States since the early 1990s, it remains, as it has throughout recent history, that probation accounts for the largest portion of those under the custody of the criminal justice system. The U.S. Department of Justice estimates that at the end of 2015, there were more than 3.7 million adults under the supervision of U.S. probation authorities, compared to 1.5 million in prison, 870,000 on parole, and 728,000 in local jails. And while probation is not often thought about within the context of “mass incarceration” in the United States, probation directly impacts prison and jail populations in two specific ways. First, a sentence of probation for a felony offense is the most frequent alternative to a prison sentence. Second, the revocation of probation can directly lead to the imposition of a sentence to prison or jail, depending on the nature of the original conviction offense. During 2015, in the United States, it is estimated that 12% of all probationers exiting supervision were incarcerated due to probation revocation, which translates to an estimate of more than 233,000 probationers annually. Probation revocation means that the sentencing court has determined that a violation of the conditions of probation have occurred, and because of this, the original probation sentence is no longer appropriate. As a result of a probation sentence being revoked, the sentencing court imposes a different (usually more serious) sanction on the offender. Often, those on probation for a felony offense who have their probation revoked are sentenced to prison, leading to their admission to prison. Indeed, given this link, scholars and practitioners have identified reducing probation revocation as one strategy to reducing prison populations, and jurisdictions often focus on reducing probation revocations as a means to lowering their commitments to prison. Probation revocation can result from either new arrests or violations of technical aspects of the sentence, such as missed appointments or non-compliance with treatment orders. However, whether or not a probation sentence is revoked as a result of these violations varies from jurisdiction to jurisdiction. This variation in the use of probation revocation as a response to violations of probation illustrates the localized nature of revocation proceedings, and attempts to reduce these disparities have taken many forms. These efforts to reduce the impact of probation revocations on prison admissions have ranged from providing local jurisdictions with financial incentives to respond to revocation-eligible violations with sanctions other than incarceration, to legislative efforts to prohibit sentences to prison as a response to probation revocations stemming from technical violations or instances where public safety is not threatened.

Article

Geoffrey C. Barnes and Jordan M. Hyatt

Intensive Supervision Probation (ISP) is a form of community supervision that employs smaller caseloads, more frequent contacts, and a variety of other mechanisms to increase the level of surveillance and control for those on criminal probation. While this approach has seen successive waves of research interest, the evidence on its effectiveness seems relatively disappointing. Most existing studies have shown that ISP produces very little reduction in recidivism, while also being more costly to deliver. In addition, ISP’s surveillance mechanisms result in more frequent detection of technical violations, leading to a greater use of incarceration. Despite these disappointing findings, however, there is some potential for ISP to be used in a positive way. Recent developments in assessing both the risk of offending and the criminogenic needs of individual probationers, combined with shifts in the philosophical foundations of community supervision, suggest that ISP could prove to be a useful and productive tool when targeted at the most advantageous population of criminal offenders.

Article

Michelle S. Phelps and Caitlin Curry

Over the past half-century, the number of adults under criminal justice supervision increased precipitously in some Western countries, with carceral control in the United States reaching an unprecedented scale. While much of the scholarly attention has been focused on the development of mass incarceration, new research focuses on the parallel expansion of mass probation and, more broadly, mass supervision. In the United States, the number of adults on probation and parole supervision increased from one million in 1980 to a peak of nearly 5.1 million in 2007, more than double the number of inmates in local, state, and federal jails and prisons. Estimates from Europe in the late 2000s suggest that there were approximately 3.5 million on community sanctions, compared to 2 million incarcerated. Individuals on these sanctions serve out their initial sentences (or remaining time after release from jail or prison) while residing in the community under the supervision of a probation or parole officer. As scholarship increasingly focuses on the expansion of community supervision, we are learning more about this form of punishment. Probationers and parolees are subject to a variety of conditions, including reporting regularly to their supervising officers, finding and maintaining employment, avoiding drug use and re-arrest, participating in therapeutic programs, and paying fines and fees. Failure to comply with the demands of supervision may result in variety of penalties, up to a return to custody for the entire length of the suspended prison sentence. Thus, while probation and parole are often framed as acts of leniency—allowing individuals to avoid incarceration and/or exit early—they can be experienced as quite punitive. In other words, the official discourses and everyday practices of supervision blend both punitive and rehabilitative elements. The composition of this blend varies significantly across countries, states, local departments, individual officers, and the officer-supervisee relationship. This variation has produced a kaleidoscope of different practices, all under the banner of community supervision.

Article

Faye S. Taxman and Alex Breno

Alternatives to incarceration are more than options, they have evolved into sentences of their own accord. Originally, probation and prison were the two major sentences; however, the concept of intermediate or graduated sanctions emerged in the 1980s and evolved throughout the 1990s. While alternatives to incarceration were considered options, they are now recognized as intermediate sanctions, graduated sanctions, and just plain sentencing options. This emergence occurred during the time that probation-plus-conditions sentences spiked, so that the average probationer now has over 17 standard conditions. With Justice Reinvestment Initiatives as a national effort to reduce the impact of mass incarceration policies, the JRI policy effort the has served to legitimize sentences that used to be considered “alternatives” by incorporating risk/need assessments, legislation to reduce sentence lengths and incarceration sentences, and changes in practices to address noncompliant probationers and parolees. Here, a new conceptual model is proposed that integrates sentencing options with results from a risk and need assessment depending on various types of liberty restrictions. Given the need to reduce prison overcrowding, there is an even further need to examine how different sentencing options can be used for different type of individuals.

Article

Re-entry following incarceration is a complex issue in the contemporary United States. Mass incarceration and tough on crime policies have contributed to a system that disproportionately punishes and incarcerates people of color. For the correctional system, these racial and ethnic disparities translate to issues related to “successful” re-entry following incarceration. Traditionally, re-entry success has been considered to be desistance from crime. However, ideas about re-entry success have developed to include broader concepts of successful reintegration into society. Prominent scholarship surrounding criminal justice policies, procedures, and processes has recognized and made strides in addressing facilitators and barriers to successful reintegration for formerly incarcerated individuals, and has uncovered obstacles uniquely faced by minorities. Specifically, researchers have identified these race-related correctional concerns in areas such as probation and parole experiences, familial ties, resource access, employment and educational opportunities, community disadvantage, civic disenfranchisement, and health. Recent scholarship has provided a wealth of considerations for addressing these convoluted re-entry issues. Withal, research indicates that a shift toward more evidence-based policies and interventions shows the most promise for improving re-entry outcomes for minorities, and the need for more equitable policies and practices involving incarcerated and re-entering persons. Assisting re-entering individuals with accessing vital resources (e.g., health care, housing, government assistance), equipping them with necessary skills to live stable and independent lives (e.g., prison-based services, educational assistance, professional training, employment opportunities), promoting healthy connections with their families and communities, and restoring their civic power are all steps that evidence suggests improve re-entry success and reintegration. Continued research on these areas and race is essential to understanding the dimensions of disparate re-entry experiences and creating an even road to successful reintegration after incarceration.