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Corrections (Re-entry into the community (Parole ((Conditional release of…

- - - - Conditional release of offender from incarceration, but not from legal custody of the state
      - o Three concepts
      - Grace
      - Contract
      - Custody
  - - - Maconochie- british penal colonies in tazmania
      - Strict imprisonment
      - Labor on chain gang
      - Limited freedom
      - Ticket of leave/conditional pardon
      - Full restoration of liberty
      - o Crofton- Ireland
      - Ticket of leave transitioned to condition-based parole
      - o Brockway- Elmira reformatory, New York
  - - - Expiration release- completes maximum court sentence
      - Isn’t supervised by the community
      - o Mandatory release- maximum minus good time, or a percentage of full sentence is served
      - Released conditional parole supervision
      - o Discretionary release- parole board decision to release parole supervision within indeterminate sentencing states
      - o Other conditional release- furloughs, home supervision, probation, emergency release, compassionate release, among others
  - - - Few belongings
      - o Small amount of money
      - o Employment
      - o Housing
      - o Stigma/labeling
      - o Stress and sobriety
  - - - As cop
      - Keep community safe
      - Enforce conditions or release
      - May search without notice, warrant
      - Arrest without bail for suspected violations
      - o As social worker
      - Assist with housing, employment
      - Liaison between parole and the community
      - Build relationship for success
      - Revocation of Parole
        
        New Crime
        
        Technical violation- Morrissey V. Brewer (1972)- two step revocation process
        
        Hearing to determine probable cause
        
        Parole board determines if violation, and response
        
        Use of intermediate sanctions
        
        Attempt keep parolee in community
  - - - Puritan Era
      - 1645-1824
      - Massachusetts Stubborn Child Law (1646)
      - ‘Evil’ child
      - Discipline at hands of family, law if not able
  - - - 1824-1899
      - House of Refuge/Reform School
      - Child is helpless
      - Requires supervision and care
      - Same criminal justice system as used for adults
  - - - 1899-1960
      - Creation of separate court system for juveniles
      - Illinois Juvenile Court Act (1899)
      - Term ‘delinquent’
  - - - 1980-2005
      - o Harsher punishment for juveniles
      - o Support of waiver to adult courts
  - - - Delinquent Child
      - o PINS- Person in Need of supervision (services)
      - o Neglected child
      - o Dependent Child
  - - - Probation-60% of population
      - o Intermediate sanctions
      - Community corrections
      - Community service
      - Restitution
      - Fines
      - o Custodial Care
      - Residential treatment programs
      - detention/incarceration
      - o Outpatient treatment/aftercare
- - - - Holds those awaiting trial
      - o Executes sentences of misdemeanants
      - o Holding facility for state, federal
      - o 3,376 jails in US
      - Primarily county control
      - BOP operates 12
      - o 13,500 police lockups (temporary holdings)
  - - - Conditions
      - o Lack of programming; services
      - o Training of staff
      - o Suicide
      - o Mental illness
  - - - Hands off period: prior to 1960’s- slave to state, civil death
      - o Prisoner’s rights era:
      - 1960s-1980s- begins with Cooper V. Pate (1964)
  - - - Procunier V. Martinez (1974)
      - Mail Censorship only with demonstration of compelling govt. Interest
      - o Turner V. Safley (1987)
      - May restrict mail between inmates at different institutions
      - o Religious Freedom Restoration Act (RFRA) and Religious Land Use and Institutionalized Persons Act (RLUIPA)
  - - - Hudson v. palmer (1984)- may search cells and confiscate with suspicion of wrongdoing or justification
      - o Bell v. wolfish (1979)- body searches permissible to fit institutional need and when not used to degrade
      - o Florence v. Board of chosen freeholders (2012)- may strip search those entering jail under minor offenses
  - - - punishment shocks conscience of a civilized society
      - o unnecessarily cruel
      - o is beyond legitimate penal aims
      - o totality of conditions
      - o deliberate indifference
  - - - conditions of supervision may supersede rights
      - o search (parolees are allowed to be searched whenever)
      - Griffith v. Wisconsin (1987)
      - Samson v. California (2006)
      - o Due process- revocation
      - Morrissey v. brewer (1972)
      - Gangon v. Scarpelli (1973)
- - - - Quaker idea of reformation through isolation, repentance
        Prisoners lived in their cells. Everything they did was in one cell
    - - Isolated at night, work together during the day. They have to remain silent all day everyday
  - - - National Prison Association Meeting. Cincinnati, 1870
      - Inmate change rewarded by release
      - Indeterminate sentences
      - Given a range of a sentence. If they do something correctly, their sentences can be shortened.
      - Separation of sexes
  - - - 1930’s-1960’s
      - Progressive / medical model
      - Focus on environmental and offender rehabilitation
      - Rehab via:
      - Medical/ Psychological treatment
      - Vocational training
      - Education
  - - - 1960’s – 1970’s
      - Root in civil unrest, distrust of government
      - Civil Rights Movement
      - Vietnam War
      - Focus on reintegration and community programming
  - - - 1970’s – 2000’s
      - “Nothing Works” – Martinsen
      - Get tough on crime
      - Longer sentences
      - 3 strikes legislation
      - Greater use of incarceration
- - - - Records/offenses not serious enough to merit incarceration
      - o Less expensive than incarceration (varies by type)
      - o Recidivism rate for community corrections are no worse than incarceration
      - o Re-entry requires both support and supervision to be successful
  - - - Centralized v. decentralized
      - Combined with parole
      - Funding
      - Training
      - Which one is in Indiana?
      - o Works best with solid working relationship between judge and supervising officer
  - - - Attend court
      - New PSIs requested
      - Update or modification hearings
      - Revocation
      - Technical violation
      - New offense
      - o write presentence reports
      - o supervision of clients
      - home, work
  - - - Fines
      - o Restitution
      - How is this different from fines?
      - Paying to fix damages that you caused
      - o Forfeiture
      - What is this?
      - Taking away something used to break the law
  - - - Home confinement
      - Requires telephone service
      - Costly to offender
      - High failure rate
      - o Community service
      - o Day reporting
      - Daily check-ins
      - Often require programming
      - o Intensive supervision probation (ISP)
      - Probation diversion
      - Institutional diversion
  - - - Which agencies should handle sanctions?
      - o Which offenders should be admitted?
      - o Net-widening
      - When things are black and white (go free or go to prison), its easy to make that decision. Now we have so much punishment that requires many ways of punishment, it is rare that someone doesn’t get punishment.
- - - - Based upon:
      - Risk to security
      - Education
      - Ability to work
      - Readiness/ time to release
  - - - Approximately 152000 inmates over age 55
      - o Increased cost due to medical needs, security needs
      - o Average cost is 69 thousand dollars per year (3x’s the cost of a younger inmate
      - o Programming and environmental needs
  - - - 1.6% of state prison inmates
      - may be low estimate due to the lack of testing
      - o decline in AIDS related deaths due to treatment improvements
      - o increased medical costs
      - o programming/education
  - - - deinstitutionalization of medical healthcare
      - increase in use of prescription medication
      - outpatient w/ meds less expensive
      - o influx of mentally ill into CJS
      - revolving door
      - o issues of
      - cost
      - security
      - psychiatric units
  - - - 20+ years; natural life
      - o transition into elderly inmates
      - o issues of
      - mental health
      - programming
      - connection to the community
- - - - Custodial model- possession of the individual, making sure that they are safe, taken care of, and others are safe from them
      - o Rehabilitation model- engaging in some activity that causes them to change themselves
      - o Reintegration model- planning and working with the person from the day they walk in, to the day they walk out; preparing them to get back into society
  - - - Different than other institution/organization-why?
      - Clientele aren’t willfully there
      - o Cannot select clients
      - o Clients are there against wishes
      - o Must rely on client for:
      - Daily operation
      - Compliance
  - - - Defects of total power: the inmates vastly outnumber the people running them. The inmates are needed to run the prison (cooking, cleaning, ect.)
      - o Rewards and punishments: an attempt to maintain compliance. However, we are limited to both. Cannot punish more than original sentence. They have rights. You can only reward them so far. Can not only allow them to serve 2 rather than 5. Do job assignment awards. Cleanest dorm gets burger king.
      - o Exchange relationships: giving rewards for good behavior on shift. Ex: going out to yard early. Can lead to bad things. Contraband, inappropriate relationships, looking the other way when inmates miss treat other inmates.
      - o Inmate leadership: works well if you have a good inmate leader that is willing to work with the jail administration. Can be bad if they are not okay with the jail administration.
      - o Effects of an institution (the prison environment)
  - - - Self defense
      - o Defense of another
      - o Upholding prison rules: levels must be matched. Use force because shirt isn’t tucked. Not okay. Shirt not tucked can search them up against wall.
      - o Prevention of a crime: need to remove from area, cuff them.
      - o Prevention of escapes: force is fairly liberal here. Weapons on the towers. Approaching fence may get a warning, on the fence there is a problem.