The document discusses the dual functions of probation - investigation and supervision. It covers topics such as:
- The presentence investigation report and its important role in sentencing offenders
- Evidence-based supervision practices focusing on high-risk offenders and specialized programs
- Ensuring probation is effective in reducing recidivism through risk assessment, treatment referrals, and performance measures
- The revocation process when offenders violate their probation conditions
3. The Dual Functions of Probation
Investigation
Work with teachers, officials, psychologists, judge
to provide information to assist the judge in a
proper sentence for the offender
Supervision
Series of tasks loosely connected to possible
rehabilitation
Rewards of this work are inconsistent and
intangible
4. Discussion Question
Do you believe that probation officers have too
much power when it comes to their role in
investigative authority, especially the
presentence investigation report?
5. The Investigative Function
PSI—most important role in the sentencing
process
Purpose
Sentencing
Rehabilitation
Risk management
Plea bargaining
7. The Investigative Function
PSI
Recommendations
Controversial
Not all have sentencing recommendations
Agreement with actual sentence
Plea-bargaining
8. The Investigative Function
PSI
Disclosure
In many states defendants do not receive a copy
Williams v. New York (1949)
Cleansing
Confidential comments from private citizen
Clinical statements or evaluations that might be
damaging
9. The Investigative Function
PSI
Private PSIs
Client-specific planning
Advocate for the defendant
Controversial
Unfair advantage for middle/upper class
Liability for accuracy and relevance of information they
provide the court
10. Discussion Question
Imagine you are a judge who has the responsibility of sentencing
an offender who has just pled guilty to a burglary and
possession of cocaine. The sentence has to be determined.
The defense attorney is asking for probation with a condition
of residential drug treatment. The prosecutor is demanding
that the offender serve five years in prison. The probation
officer who has completed the presentence investigation
report is also recommending prison time, but wants 3 years
instead of 5. What would you look for specifically in the PSI to
make your determination of the sentence? What other
factors would you consider in your sentencing decision?
11. The Supervisory Function
The Officer—enforce the law and help the
offender
Conflict—power and authority
Motivational interviewing
Behavior change
Identify tools for handling resistance
Keep officer from doing all the work
Responsibility of behavior change on the officer
12. The Supervisory Function
The Offender
Response—depends on his/her perception of
the officer’s power
Commonly resent their status
13. The Supervisory Function
The Bureaucracy
Formal constraints—legal conditions of probation
Standard conditions—imposed on all
probationers
Punitive conditions—fines, community service,
form of restitution
Treatment conditions—alcohol/substance help
14. The Effectiveness of Supervision
Recidivism
Case Management Systems
Statistical risk assessment
Systematic needs assessment
Contact supervision standards
Case planning
Workload accounting
15. The Effectiveness of Supervision
Evidence-Based Supervision
Focus program on high-risk probationers
Greater levels of supervision to higher-risk clients
Treatment programs designed around higher-risk
clients
Make referrals to treatment programs
16. The Effectiveness of Supervision
Specialized Supervision Programs
Sex offenders
Drug offenders
Mentally ill offenders
Techniques for drug surveillance and treatment
Urinalysis
Antabuse
Methadone
17. The Effectiveness of Supervision
Performance-Based Supervision
Focus on results in setting priorities and
selecting activities
Public safety
Broken windows
probation
18. The Effectiveness of Supervision
Is Probation Effective Regardless?
Comparison of probation strategies reveal little
differences
What if methods matter little but probation
works?
Recent study
Reduction in criminality following probation
sentence
19. Discussion Question
Do you think drug abuse is a medical problem or
a criminal justice problem?
How we should deal with the issue of drugs at
the:
a) local level
b) state level
c) federal level?
20. Revocation and Termination
of Probation
Probation Status Ends in One of Two Ways
Successful completion of period of probation
Revocation because of misbehavior
Technical violation
22. Revocation and Termination
of Probation
Three Stages of Revocation
Preliminary hearing—facts of arrest are
reviewed for probable cause
Hearing—facts of allegation heard and decided
Sentencing—incarceration or reinstatement of
probation
23. Probation in the Coming Decade
Dramatic changes
Decreased caseloads allowing for pilot
programs
Public safety need is greater based on more
convicted felons
Changing demographics in U.S. leads to officers
needing cultural literacy
24. Probation in the Coming Decade
Dramatic changes
Monitoring tools for probation officers
increase:
Ankle bracelet, GPS
Alcohol consumption monitors
Mobile automated fingerprinting systems
Videoconferencing
Editor's Notes
Source: Bureau of Justice Statistics, Probation and Parole in the United States, 2008, Statistical Tables, December 2009. Appendix Table 4—Adults Exiting Probation, by type of exit.