What is corrections?
The term Penology (the study of punishment) was used until the 1950s
Corrections is the range of community and institutional sanctions, treatment programs, and services for managing offenders The Mission of Corrections
Carry out the sentence of the court
To protect society
Surveillance and control of offenders
Treatment and rehabilitation
Incapacitation
Three major components of the system:
Police
Courts
Corrections
Expectations of correctional systems
Punish criminals
Prevent crime through deterrence and incapacitation
Reduce propensity to commit future crimes through correctional treatment
Theories of Punishment and Crime
Classical
Positive
Neoclassical
Sentencing goals for Corrections
Punishment
Deterrence
Incapacitation
Rehabilitation
Restitution
Sentencing–imposition of a criminal sanction by a judicial authority
Felony–offense punishable by a year or more of incarceration
Misdemeanor–crime punishable by less than a year
Diversion from the criminal justice system
Pre-trial diversion–suspension of criminal process while offender is provided a chance to participate in treatment programs
Occurs without a finding of guilty
Usually used for minor offenders or those with no prior record
Also called "deferred prosecution"
Offenders must follow release conditions
Advantages of diversion programs
Reduce demands on courts
Less costly than criminal justice processing
Offenders avoid stigma of criminal conviction
Pre-trial Detention in Jail
Offenders are detained if considered a flight risk in order to assure appearance in court
Detained if considered dangerous
Preventive detention–detaining the accused in jail to protect the community from crimes offender is likely to commit if released
Release from Pre-trial Detention on Bail
At first appearance bail is considered.
bail–the pledge of money or property in exchange for promise to return to further court proceedings
Third parties would offer themselves or money as surety (a person legally liable for conduct of another)
Criticisms of bail
Discriminates against the poor
“Freedom has to be bought”
Financial resources not related to risk
Alternatives to Bail
Summons–used mainly with misdemeanors
Bond options for felonies
Personal recognizance
Unsecured bond
Percentage bond
Surety bond
Collateral
Third-party custody
Pretrial Service Programs
Release on recognizance (ROR)–most frequent release mechanism
The Role of Plea Bargaining and Sentencing
Plea bargaining–agreement of the defendant to enter a plea of guilty in exchange for a reduced sentence
Pre-sentence investigation–report detailing background of offender used in decision making process of sentencing
Prepared by probation officer
Usually completed only on felony offenders
Used in sentencing court
Determining supervision needs of offender
Used by prison officials in classification and program needs
Used by parole board in making release decisions
Research purposes
The Sentencing Decision
Penal code–a statute passed by legislature listing range of sanctions allowable for each crime
Sentencing options
Economic sanctions
Intermediate sanctions
Probation
Short-term confinement
Imprisonment
Capital punishment
Indeterminate sentencing–judges set a minimum and maximum time, with release authority or parole board deciding when offender is released
Determinate sentencing–sentences of fixed terms
Good time –concept used in early reform of determinate sentences; time off for good behavior
Truth in sentencing–must complete 85% of the sentence before eligible for release
Sentencing guidelines–A system of structured sentences, based on measures of offense severity and criminal history, that is used to determine the length of the term of imprisonment
Penitentiary Act of 1779
Secure and sanitary structures
Systematic inspections
No fees charged to inmates
Inmates confined in solitary cells but worked in common rooms during the day
Role and function of jails
Holds:
Offenders awaiting trial
Probation/parole violators
Mentally ill persons
Juveniles to be transferred
Inmates sentenced to short-term incarceration
The Increasing Use of Jails
“Tough on crime” stance
Increase in number of arrests
Extensive overcrowding in state and federal prisons
Increasing use of split sentences
Between 9 and 11 million admissions per year
Average length of stay from 15 to 20 days
The average stay is from 75 to 90 days for those who do not make bond
Sentenced offenders can serve up to 1 year
Jail Classification
Objective classification systems–identify offenders’ criminal history and personal traits to assess risk and needs for housing assignment
Problems
Little information is available
Short stay complicates the process
Neglect
Classification is important because it provides a guide to:
Separate violent inmates from potential inmate victims
Identify and manage inmates with special needs differently
Identify inmates with high risks to escape
First-generation jails–linear design used for housing inmates
Limited communication and room for programs
Podular designs–introduced in the 1970s; common areas in the center of a unit
Reduce idleness and tension
Probation–a suspended prison sentence on the condition that offender follows certain rules and does not commit further crimes
Supervision
Monitor by office visits, contacting employers, home visits
Determine program needs, placing them in various counseling programs
Casework style–emphasizes assisting offenders
Surveillance style–emphasizes monitoring and enforcing compliance
Conditions of Probation
Standard conditions–must be followed by every probationer; examples include:
Report to probation officer
Not leave the jurisdiction without permission
Maintain employment
Avoid association with other criminals
Shall not commit any crimes
Special conditions–tailored to meet needs of offender; examples include:
Attend substance abuse counseling
Submit to random drug testing
Participate in vocational training
Avoid a particular person or group
Mental health counseling
Probation is taken away if offender violates conditions
Technical violations–failing to meet conditions that are not against the law (i.e., not attending counseling)
New crime violations–committing a new crime
Intermediate sanctions–use of mid-range dispositions that fall between probation and incarceration
Support of intermediate sanctions:
Dissatisfaction with regular probation
Prison overcrowding
Tightening budgets
Types: Economic Sanctions, Intensive Supervised Probation, House Arrest
Community Residential Centers, Split Sentences, Shock Incarceration
Prison–institution designed to house convicted felons serving one year or more
The Role and Mission of Prisons
Primary function is to hold convicted felons
Prisoners do not just sit in cells all day
Rhodes v. Chapman–“totality of conditions” standard
Key to successful prison is to keep inmates productively occupied
Common mission is “to supervise criminal offenders during period of sentence, protect public, and assist with rehabilitation”
Closed systems–under direct control of those on the inside from 1800s
Open systems–interactions with outside government units, etc.
Prisons are organized in a manner that facilitate their ability to carry out their mission of creating a safe and secure environment and providing inmates the opportunity for program participation that can help them reenter the community.
Sentencing Reform Act (1984)- an act of Congress that abolished parole, established determinate sentencing, and reduced the amount of good time available to federal offenders
Classification within State Prison Systems
Security classification–a system for matching offenders to institutions that have the physical security and staff resources to prevent escapes and control their behavior
Classification also addresses treatment needs of offenders
Most offenders are classified as medium- and minimum-security
Parole–a conditional release of inmates by parole board prior to expiration of sentence
Maconochie and the mark system
Superintendent of British penal colony
Instituted a mark system–earn number of marks and released once they earned required level of marks through work and good behavior
Standard and special conditions
Classified to determine risk and level of supervision
Positive contact–is a face-to-face contact with parole officer
Similar to probation, can be placed on different caseloads depending on offender and the crime
Issues Faced by Offenders Returning to the Community
Finding housing
Finding jobs
Supporting families
Repairing relationships
Racial disparity–the condition that exists when minorities make up a greater percentage of those under correctional supervision than their makeup in the U.S. population
The most significant increases in the number of prison inmates were for those sentenced for drug and public-order offenses.
Security levels of prisons designed to match physical security, staff resources, programs, and prison operations.
Overall goal is to maintain homogeneity of inmates by risk of violence and escape and ensure they are placed in prisons physically designed to meet this need.
Some issues facing female inmates differing from those of male inmates include:
Health care
Vocational training and work opportunities
Potential of sexual abuse from staff
Alcohol and drug use
Problems relating to their children
Overclassification–placement of offenders in prisons more secure than needed for their level of risk
Systems designed for males "overclassify" females
BOP evaluated their system and found they were overclassifying female offenders
Key Activities in Prison Management
Consistent implementation of prison policies and procedures
Use of classification to match inmate risks and needs to the appropriate prison
Inmate disciplinary system
Inmate Classification
Helps control inmate behavior in three ways
Determine appropriate security level for prison assignment (initial classification)
Once assigned to appropriate prison, used for housing assignment
Reclassification later is incentive for good behavior
