Nonresidential Intermediate Sanctions

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Non-residential Intermediate Sanctions

• Chapter 9

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Introduction

• Sanctions and programs that offenders participate
  in while at home
• Can be combined with other sanctions such as
  probation, or as after care when being released
  from prison

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Intensive Supervision Probation

• ISP
• Began around the 1980s but took off around the
  1990s
• Enhanced form of probation
• Subjected to closer surveillance

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ISP

• More treatment than those on regular probation
• Smaller caseloads for POs
• Enhance rehabilitation and public safety

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ISP

• Goals of ISP
• Relieve prison overcrowding and costs
• Increase public safety by keeping offenders from
  committing crimes
• Less severe than imprisonment but more severe
  than regular probation

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ISP

• Originally designed for high risk, high need
  offenders who were eligible for prison
• Socially cost effective
• Offenders remain employed
• Less stigmatizing than prison

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ISP

• Offender meets with PO at least 3 times per week
• Community service
• curfew
• Random visits
• Alcohol/drug testing
• Probation fees
• House arrest
• Restitution
• Electronic surveillance

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ISP

• Case loads of POs are smaller
• 25-30 offenders
• Tight restrictions does not necessarily mean
  lower recidivism rates
• Public likes the idea of strict punishment if
  offenders are living in the community

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ISP

• Some argue that it is net widening because not
  all offenders on ISP need the extra surveillance
• POs notice more violations by the offenders
  (strict supervision)
• High completion rates of fines, treatment

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House Arrest

• Confine pre-trial detainees or convicted
  offenders to their homes
• Usually a condition of ISP
• Can leave for work, school, treatment etc

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House Arrest

• Galileo (1564-1642) was placed under house arrest
  by church authorities
• Idea started in the U.S. around the 1980s
• Alternative to incarceration
• Ensure the offenders appearance in court
• Have to stay home during certain hours

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House Arrest

• Must work, do community service, go to school
  unless staying at home is the only appropriate
  alternative
• Random calls
• Computer verifies voice
• Random home visits

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House Arrest

• Some feel it is not a punishment to stay at home
• Is not counted as time served
• Some argue it violates the right to privacy
• Offenders can still commit crimes while at home
  (drugs, domestic violence)
• More likely to have technical violations

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House Arrest

• Offenders who do not remain employed or who have
  a difficult time finding a job out of prison have
  a greater likelihood of program failure
• Can be used for those defendants that cant
  afford bail

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Electronic Monitoring

• Used as a tool for ISP using a radio frequency or
  satellite to track offenders
• Waterproof and shockproof
• Wear the device all of the time!
• Phone or computer
• Tamper proof

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EM

• Ensures that certain conditions of probation are
  met
• Satisfies the goals of imprisonment without the
  social and financial costs associated with
  incarceration

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EM

• Emerged during the 1960s
• Deinstitutionalization of the mentally ill
• Idea of EM was started by a New Mexico judge
• First used for while collar criminals and those
  convicted of DUI

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EM

• Problems
• Some offenders did not have land lines and could
  not afford it
• Discriminated against those who did not have
  money
• Land line phones could only track those offenders
  within a few feet away from the receiver
• Could not track when they left home

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EM

• Problems
• Could be used by another offender standing in the
  place for someone else
• Power outages
• Radio stations could interfere
• Refrigerators and microwaves could interfere

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EM

• Remote Location Monitoring
• Monitors either periodically or continuously
• Special pager
• When the pager beeps, the offender must call the
  PO right away
• Voice verification
• Offender doesnt know the number to the pager

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EM

• Global Positioning Systems
• Satellite monitoring
• Permanent ankle or wrist device
• Offender must carry a GPS receiver all of the
  time
• Must be within 100 feet of the portable receiver
• Sends message by land line or cell phone lines

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EM

• GPS
• Tracked by a computer
• Computer can page the PO or police if the
  offender is somewhere they are not supposed to be
  
• Can have a loss of signal (just like cell phones)

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EM

• Computer technology
• Video camera
• Check in in front of the computer when paged
• This allows for interaction between the offender
  and PO

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EM

• SCRAM
• Secure continuous remote alcohol monitoring
• Take the BAC while at home

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EM

• 150,000 offenders on EM
• 1,200 monitored by GPS (cost!)
• Average time on EM 4-6 months
• Each transmitter and receiver can cost 50,000
• Offenders pay a monthly fee

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EM

• Legal Issues
• Some argue that EM constitutes an illegal search
  and seizure
• Others argues it violates the right to privacy
• Some say it is used inappropriately for those who
  dont even need EM

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EM

• Success/Failure
• Better for unmarried people
• Men receive more support from family
• Women report it caused more stress and men did
  not help
• Offenders who are older or African American see
  EM as restrictive in their lives

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EM

• Surgically implant a tracking device in offenders
• Do you think this is a good idea?

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Day Reporting Centers (DRCs)

• Non-residential program
• Pretrial release or those on probation
• Helps offenders with treatment and the resources
  they need to help them
• Education, jobs

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DRC

• Popular in Wales and England in the 1970s
• Began to appear in the US in 1985
• Reduces overcrowding
• Close supervision
• Some only take certain clients where others take
  any types of clients

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DRC

• Accommodate those that work
• Open some nights and weekends
• Often have to report everyday to the center for
  education, treatment etc
• Random drug/alcohol tests

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DRC

• Treatment oriented vs. Supervision oriented
• Treatment wide range of services help them
• Supervision make sure clients are doing what
  they are supposed to

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DRC

• Visits can lessen if they are doing what they are
  supposed to
• Similar to halfway houses except they dont live
  there
• Average time served 6-12 months
• Offenders have to pay some of the cost
• Often used in the states that dont have ISP as a
  sentencing option

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DRC

• Failing on while sentenced to DRC gets you sent
  back to prison
• Failure rates were higher for programs longer
  than 6 months
• Resulted because of the level of supervision

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DRC

• Success/failure
• Failure previous criminal history, young,
  spending less time at DRC
• Success living with someone who is not a
  boyfriend/girlfriend