Chapter 5Chapter 5

Intermediate Sanctions:Intermediate Sanctions:

Between Probation and Between Probation and IncarcerationIncarceration

McGraw-Hill/Irwin © 2013 McGraw-Hill Companies. All Rights Reserved.

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Intermediate SanctionsIntermediate Sanctions

New punishment options developed to fill the gap between traditional probation and traditional jail or prison sentences and to better match the severity of punishment to the seriousness of the crime.

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Where and When Intermediate Where and When Intermediate Sanctions Occur Sanctions Occur

Front-end Programs: Punishment options for initial sentences more restrictive than traditional probation but less restrictive than jail or prison.

Back-end Programs: Sanctions that move offenders from higher levels of control to lower ones for the final phase of their sentence.

Trap-door/Side-door Programs: Emergency release options for special docket offenders, generally used to relieve prison overcrowding.

Net-widening: Increasing the number of offenders sentenced to a higher level of restriction. It results in sentencing offenders to more restrictive sanctions than their offenses and characteristics warrant.

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Net-wideningNet-widening Net-widening: Increasing the number of

offenders sentenced to a higher level of restriction. It results in sentencing offenders to more restrictive sanctions than their offenses and characteristics warrant. By applying an additional sanction of, for example, community service, many minor law violators may have an undue burden added to their punishment.

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Value Of Intermediate SanctionsValue Of Intermediate Sanctions

Provide a means for offenders who are not dangerous to repay their victims and their communities

Promote rehabilitation and reintegration of the offender into the community

These things can be done at relatively low cost

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ContinuedContinued

The National Council on Crime and The National Council on Crime and Delinquency estimates that if only 80 Delinquency estimates that if only 80 percent of the nation’s incarcerated percent of the nation’s incarcerated non-serious, nonsexual offender non-serious, nonsexual offender population were given intermediate population were given intermediate sanctions, the United States could sanctions, the United States could save $9.7 billion.save $9.7 billion.

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Average Annual Cost Of Average Annual Cost Of Correctional OptionsCorrectional Options

Boot camp $32,119 per year per participant Boot camp $32,119 per year per participant Prison $28,646 per year per participant Prison $28,646 per year per participant Jail $27,237 per year per participant Jail $27,237 per year per participant Halfway house $18,000 per year per participant Halfway house $18,000 per year per participant Day reporting $10,585 per year per participant Day reporting $10,585 per year per participant Intensive parole supervision 8,318 per year per participant Intensive parole supervision 8,318 per year per participant Remote-location monitoring $5,400 per year per participant Remote-location monitoring $5,400 per year per participant Drug court $4,333 per year per participant Drug court $4,333 per year per participant Parole $3,402 per year per participant Parole $3,402 per year per participant Intensive probation supervision $3,274 per year per Intensive probation supervision $3,274 per year per

participant participant Community service $2,759 per year per participant Community service $2,759 per year per participant Probation $1,278 per year per participant Probation $1,278 per year per participant House arrest $402 per year per participant House arrest $402 per year per participant

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Types Of Intermediate SanctionsTypes Of Intermediate Sanctions

Intensive Supervision Probation (ISP) - Control of offenders in the community under strict conditions, by means of frequent reporting to a probation officer whose caseload is generally limited to 30 offenders. Probably more than 254,000 people on ISP

currently Protect the community and deter the offender

breaking the law Thought to be more appropriate for high-risk

offenders

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Types of Intermediate Sanctions - Types of Intermediate Sanctions - ContinuedContinued

Drug Courts - A special court empowered to treat, sanction, and reward drug offenders with punishment more restrictive than regular probation but less severe than incarceration. The nation’s first drug court was developed in Miami

by Judge Herbert M. Klein in 1989. Compared with other courts, drug courts are much

less punitive and more healing and restorative in nature.

Three primary goals: Reduce recidivism Reduce substance abuse among participants Rehabilitate participants

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Drug CourtsDrug Courts According to the National Association of Drug According to the National Association of Drug

Court Professionals, we need drug courts Court Professionals, we need drug courts because two-thirds of all adult arrestees and because two-thirds of all adult arrestees and over half of juvenile arrestees test positive for over half of juvenile arrestees test positive for illicit drugs at arrest. The national recidivism illicit drugs at arrest. The national recidivism rate for drug offenses is nearly 67 percent.rate for drug offenses is nearly 67 percent.

The first estimate of recidivism among a The first estimate of recidivism among a nationally representative sample of drug court nationally representative sample of drug court graduates found that after one-year 83.6 graduates found that after one-year 83.6 percent had not been rearrested. After two percent had not been rearrested. After two years 72.5 percent had not been rearrested.years 72.5 percent had not been rearrested.

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Types of Intermediate Sanctions - Types of Intermediate Sanctions - ContinuedContinued

Fines -Financial penalties used as a criminal sanction One of the oldest forms of punishment Minor misdemeanors, traffic offenses, and

ordinance violations Day fine – a financial penalty scaled both

to the defendant’s ability to pay and the seriousness of the crime

Used heavily in Northern and Western Europe Little research on effectiveness in reducing

recidivism

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Types Of Intermediate Sanctions - Types Of Intermediate Sanctions - ContinuedContinued

Community Service - A sentence to serve a specified number of hours working in unpaid positions with nonprofit or tax supported agencies Began in 1966 in Alameda County,

California Interchangeable with incarceration

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Types Of Intermediate Sanctions - Types Of Intermediate Sanctions - ContinuedContinued

Day Reporting Centers - A community correctional center to which an offender frequently reports to file a daily schedule with a supervision officer, showing how each hour will be spent First developed in Great Britain

in 1972 Hampden County (Springfield,

Massachusetts) Sheriff's Department opened first DRC in U.S. in 1986

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Types Of Intermediate Sanctions - Types Of Intermediate Sanctions - ContinuedContinued

Remote-location monitoring - Technologies, including GPS and EM that probation and parole officers use to monitor remotely the location of offenders In 1997, Florida was first state to use

GPS to monitor sex offenders Dr. Kathrine Johnson: “GPS technology

allows offenders to be monitored as closely, some would say more closely, as they would be in prison, at a substantial cost savings to the public.”

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Types Of Intermediate Sanctions - Types Of Intermediate Sanctions - ContinuedContinued

Residential Community Centers - A medium-security correctional setting that resident offenders are permitted to leave regularly—unaccompanied by staff—for work, for educational or vocational programs, or for treatment in the community. Also referred to as halfway houses Estimates place more than 1,000 RCCs

involving 30,000 adult residents are in operation

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Types Of Intermediate Sanctions - Types Of Intermediate Sanctions - ContinuedContinued

Boot Camps - A short institutional term of confinement that includes a physical regimen designed to develop self-discipline, respect for authority, responsibility, and a sense of accomplishment. First adult programs opened in Oklahoma and

Georgia Target young first-time offenders who have

been convicted of nonviolent crimes Use of correctional boot camps is on the decline

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Community CorrectionsCommunity Corrections

A philosophy of correctional treatment that embraces decentralization of authority from state

to local levels citizen participation in program planning,

design, implementation, and evaluation redefinition of the population of offenders

for whom incarceration is most appropriate

emphasis on rehabilitation through community programs

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Community CorrectionsCommunity Corrections

Community corrections recognizes Community corrections recognizes the importance of partnership with the importance of partnership with the community in responding to the community in responding to crime.crime.

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Community Corrections ActsCommunity Corrections Acts

1. 36 states have passed community 1. 36 states have passed community corrections acts.corrections acts.

2. State laws that give economic grants 2. State laws that give economic grants to local communities to establish to local communities to establish community corrections goals and policies community corrections goals and policies and to develop and operate community and to develop and operate community corrections programs.corrections programs.

3. The most common goal is to expand 3. The most common goal is to expand choices of sanctions for individuals. choices of sanctions for individuals.