Chapter 1: Sentencing Decisions

Midterm Study guide CHAPTER 1 Sentencing decisions- - Community corrections agencies and programs implement the sentence imposed by a judge Incarceration- for dangerous or violent offenders Nonviolent of drug offenders (most common) can be punished in the community Community corrections offer a diversity of sentencing options Community based programs are intermediate sanctions- meaning that they offer graduated levels of supervision- higher level of supervision and monitoring than probation alone, less supervision that jail or prison Intermediate sanctions Contin- a spectrum of community supervision strategies in terms of supervision level and treatment capacity, ranging from diversion to short-term duration in a residential community facility Probation- - Community supervision of a convicted offender in lieu of incarceration under conditions imposed by a court for a specified period, during which it retains authority to modify those conditions or to resentence said offender if he or she violates those conditions READ THROUGH TEXTBOOK Parole- - Early privileged release from a penal or correctional institution of a convicted offender in the continual custody of the state, to serve the remainder of his or her sentence under supervision in a community. READ THROUGH TEXTBOOK Deterrence- Specific deterrence theory- the theory that an offender on community supervision will refrain from committing technical violations and or new crimes if after considering the costs and benefits, the consequences for misbehavior are certain and serve enough that the sanctions outweigh the benefits. Restorative justice- - Various sentencing philosophies and practices that emphasize an offender’s taking of responsibility to repair harm done to a victim and to a surrounding community. It includes forms of victim-offender mediation, reparation panels, circle sentencing, and monetary sanctions Attempts to strengthen community life by drawing on victim compassion, and on strengths that offenders bring Bail- Monetary payment deposited with a court to ensure a defendant’s return. For the next court date, in exchange for said defendant’s release When the conditions of the bond have been satisfied, the defendant is released on a bond Evidence-based practices- Correctional programs and techniques shown through systematically evaluated research studies to be most effective with offenders. Assessment must show that such practices work to meet intended outcomes and are open to periodic measurement, evaluation, and dissemination of interventions. Used in several fields, including medicine, education, social work, mental health, and criminal justice. Within the criminal justice system, it is used in police departments, courts, and correctional departments. CHAPTER 2 Contemporary probation********* The way that probation functions today - PSI etc, all things that pertain to modern day functions Diversion - An alternative to traditional criminal sentencing or juvenile justice adjudication that provides offenders with a chance to avoid conviction upon successful completion resulting in a dismissal of current charges also known as deferred adjudication Early punishments prior to probation/parole - Branding, flogging, mutilation, and execution Security- a fee paid to the state as collateral for a promise of good behavior; allowed the accused to go free either before or after conviction. Motion to quash- an oral or written request that a court repeal, nullify, or overturn a decision Early forms of bail- had effect of suspending final action on a case. Co-founders of probation- - John Augustus- member of Washington total abstinence society; offered a home as a refuge for newly bailed defendant until next court appearance; also interviewed the firsttime defendants before their first court appearance and bailed out those who would most likely change their habits and return to court; Employed pretrial defendants in his shoe factory Matthew Davenport Hill- laid the foundation for probation in England; required guardians for young offenders who reported back to hill 20yrs after Augustus death in Massachusetts was sanctified by statute Community corrections acts- Formal written agreement between a state government and local entities that funds counties to implement and operate community corrections programs on a local level Contractual agreements between a county and their respective state that assure the county government that it will receive state funding to support its programs. Current community corrections structure- - - - Casework model 1. Created therapeutic relationships with probationers and parolees referred to as “clients” through counseling and behavior modification 2. Placed stress on therapeutic relationships with clients. Probation officers were viewed as social workers engaged. 3. Probation and parole officers often viewed themselves as “caseworkers” or social worker, and the term “agent. of change” was a popular description of their role 4. Completed with medical psychiatric terms such as treatment and diagnosis Brokerage model 1. Casework approach began to break down, services were more readily and effectively administered by specialized agencies or services brokers 2. Officer determines needs or parolee or probationer and refers the client to the appropriate agency 3. Developing links between probationer and appropriate agency was the most important task 4. Service and treatment better provided by specialized community agencies that handled mental health, employment, housing, education, private welfare, and other services. 5. “Service brokers” officers did not consider themselves agents of change as in the casework approach. Instead, they attempted to find appropriate community agency to which they could refer the client. Justice Model 1. Advocates an escalated system of sanctions corresponding to the social harm resulting from offense and offenders’ culpability. Regards probation sentence not as an alternate to incarceration but as a valid sanction itself. 2. Penalties are graduated in severity and duration depending on seriousness of crime 3. This model ensured conditions were being met. Less focus on service provision. Other agencies in the community provided these. 4. Counseling, surveillance, and reporting to accomplish very little and to have minimal impact on recidivism 5. They favored probation that consists of monitoring court orders for victim restitution or community service and that ensures an imposed deprivation of liberty is carried out. Neighborhood-Based Supervision Model1. Present philosophical change related to mobile technology available to spend more time in the field and less time in the office 2. Engage in community groups as partners and collaborators of offender supervision 3. Officers served caseload according to zip code, so officer is in a small area 4. Officers more visible in the community and act as boundary spanners between corrections system and community police, treatment providers, and faith-based practitioners 5. Officers are regularly interacting with community leaders, values, and desires so they can provide a safe community according to what community wants and needs 6. Officers also able to identify more opportunities in community for offenders CHAPTER 3 Mandatory release - - Conditional release to a community under a determinate sentence that is automatic at the expiration of a minimum term of sentence, minus any credited time off for good behavior Enter the community automatically at the end of their maximum term less time for good behavior. Decided by legislative statute. Discretionary release- - Conditional release while remaining under supervision of an indeterminate sentence, which is granted because members of a parole board have decided that a prisoner has earned the privilege Members of parole board have decided that prisoner has earned the privilege to be released early while being on supervision of an indeterminate sentence Expiration- A form of release from prison after 100% of the sentence has been served behind bars and there’s no post-prison supervision Prisoner serves 100% of his or her sentence and is released without any post-release supervision Development of parole in U.S.- - - - Parole d’honneur- meaning “word of honor”. Principles of labor, segregation, rewards under a mark system, conditional liberation, and aid on discharge Manuel Montesinos ran a correctional facility in Spain where there were few corrections officers. Vocational training was offered, and prisoners received 1/3 reduction in sentence for good behavior Focus on rehabilitation or self-respect of inmates. Recommitment was significantly reduced under Montesinos Drew the conclusions that moral object of penal establishments shouldn’t be to inflict punishment, but to correct idle and ill-intentioned and return them to society as honest and industrious citizens Georg Michael Von Obermaier- ran a prison in Munich Germany Believed in no corporal punishment, removed chains in favor of education and gave inmates leadership responsibilities to monitor population. Received government support to release inmates early to be supervised by prison aid societies Emphasized education and appointing inmates to have leadership responsibilities and help monitor the larger population Alexander Maconochie and Sir Walter Crofton See Information Below 1876- Elmira reformatory- parole first used 1910 federal parole began because of federal legislation that established the first 3 penitentiaries 1930- parole formalized under U.S. attorney general’s office 1950- parole board was placed under Justice Department because of increased prison population Current function of parole- - - 45% of all states practice both indeterminate and determinate sentencing (depending on type of offense), 34% use a determinate sentencing structure Full parole board discretion- parole board has sole discretion to release inmates, although most prisoners must serve a minimum percentage of sentences Limited discretion- Parole board can only release certain kinds of offenders. Parole completely denied to recidivists or violent offenders 21% of states maintain full parole board discretion and an indeterminate sentencing structure (New Jersey) Both APPA and AOA favor retaining parole boards. Many arguments in favor of discretionary release Most states require some form of post-prison supervision, and do not want prisoners to serve their entire sentence behind bars before getting out Parole boards can impose prisoner participation in treatment programs as incentives for release; with automatic release, however, there are no incentives for prisoners to better themselves while behind bars Objective assessments and parole guidelines have greatly improved parole board decision making Victims can attend parole board hearings to convince the board not to release their offender, but victims have no say in mandatory or automatic release situations Abolishing discretionary release doesn’t mean that prisoners will serve their full sentence; it doesn’t prevent prisoners from release, and it doesn’t necessarily increase public safety The number of releasees from prison has grown significantly in the past decade as states have halted building new prison units. Medical parole- - - - Otherwise known as compassionate release, a prisoner’s conditional release from prison to the community they have a terminal illness or needs long-term medical care and doesn’t pose an undue risk to public safety An option for elderly and or terminally ill prisoners who are no longer a public safety risk Unpopular issue politically as seen in denial of parole for Susan Atkins- a follower of Charles Manson who was convicted of multiple killings and is terminally ill with brain cancer Some States require electronic monitoring and regular visits from a parole officer Has recently attracted new interest as states examine ways to cut medical costs and reduce the number of prisoners Medical Model- The concept that given proper care and treatment, criminals can be cured to become productive, law-abiding citizens. This approach suggests that people commit crimes because of influences beyond their control, such as poverty, injustice, and racism Sir Walter Crofton- - An Irish prison reformer who established an early system of parole based on Alexander Maconochie’s experiments with a mark system Studied and refines Maconochie’s system to Irish system with 3 classes of penal servitude determined by the marks earned for good conduct and achievement in industry and education Strict imprisonment, intermediate sentence, ticket-of-leave, American penitentiaries are based on the Irish system Parole was later applied to prisoners of war as part of the 1949 Geneva Convention Alexander Maconochie- - A British naval captain who served as governor of the penal colony on Norfolk Island, off the coast of Australia. He instituted a system of early release that was the forerunner of modern parole. Maconochie is known as the “father of parole” Marks system whereby the duration of a sentence would be determined not by time but by a prisoner’s industry and good conduct Daily tallies or “marks” would be credited to prisoners in accordance with their behavior and the amount of labor they performed. As prisoners evidenced good behavior and - work ethic, their freedom and privileges gradually increased. Marks were deducted for negative behavior. Allowed prisoners to move from strict imprisonment to labor in work gangs, through conditional release around the island, and finally to complete restoration CHAPTER 4 Pretrial release- - - While preparing for the next scheduled court appearance following arrest, a defendants release into a community as an alternative to detention Release on recognition (ROR)- the situation inspired the Manhattan Bail Project as the first opportunity for defendants to be presented with this before their next scheduled court date Early research indicated that being detained during the pretrial process was a disadvantage to the defendant’s sentencing outcome, so bail was set to guarantee appearance in court Manhattan Bail Project- first opportunity for defendant’s to be ROR before next scheduled court date Federal Bail reform act of 1966- established guidelines on appropriate bail amounts and alternatives to detention for those that can’t afford bail Bail reform act in 1984- Arose because of concern over risks posed by some pretrial defendants. The act included safety of the public as an important criterion Recent research indicates that defendants at low and medium risk who were incarcerated during pretrial period were twice as likely to be arrested following prison term than those who were released into the community Sentencing- - - The post-conviction stage, in which a defendant is brought before a court for formal judgement pronounced by a judge Post-conviction stage where defendant is brought before the court for formal judgement pronounced by a judge Judge considers presentence investigators report, wishes of prosecutor and defense attorney Factors that affect granting a community sentence: offender’s eligibility (current offense and prior criminal record); ability to meet conditions and availability of services Judges use reflective justice – each case considered in terms of its subjective harms, wrongs, and contexts. PSI used to examine economic stability, family ties, marital status, employment and drug use and abuse Structured sentencing 1. Presumptive sentencing for which judges may not deviate from a narrow sentence range without providing written reasons as to why they have chosen to do so. This includes not only prison terms, but also directives on whether a particular offense is eligible for probation, and if so, the maximum probationary term. 2. Sentencing commissions monitor how sentencing guidelines and judicial departures are used and make sentencing recommendations to a legislature. These departures are used and make sentencing recommendations to a legislature. These departures may also be subject to appellate court review Unstructured sentencing 1. Provides the judge not only choice on the type of sentence (prison, probation, fines, etc.), but also loose guidelines on the length of sentence 2. Sentences to incarceration are considered for early release by a parole board after a minimum term has been met. Presentence investigation- - A report submitted to a court before sentencing describing the nature of an offense, offender characteristics, criminal history, loss to victim and sentencing recommendations Provided by probation department prior to sentencing decision. Aids judges in felony sentencing decisions or in the case of offenders who have violated probation and are facing potential incarceration. Used by prosecutors, defense attorneys, parole boards, and probation and parole officers The purpose of the PSI 1. Provides the judge with timely, relevant, and accurate information to make a rational sentencing decision 2. Describes nature of offense, offender characteristics, criminal history, loss to a victims and sentencing recommendations 3. Assists jails and prisons in providing institutional programming that fits offenders needs 4. Paroling authorities can compare defendant’s version of offense at time of arrest to that determined by a parole board hearing 5. Basis for client treatment plans 6. While sentencing guidelines, PSI has declined in same state 7. Assists prisons and jails in suggesting types of institutional programming 8. Paroling authorities can compare defendant’s versions of offense at time of arrest to that determines by parole board hearing 9. Assists in making community caseload assignments 10. Serves as basis for writing client treatment of program plan Community corrections conditions- Imposed on all community sentences in a jurisdiction regardless of nature of the offense Special conditions- additional stipulations tailored to fit the problems and needs of the offender 1. Limitations of special conditions- should be clearly stated, be reasonable so that a probationer can comply and must either protect society or rehabilitate an offender 2. Definition of clearly stated and reasonable depends on offender’s circumstances and is decided on a case-by-case basis. CHAPTER 5 Risk and needs assessments and tools- - - Risk- or the likelihood that the offender will engage in future criminal activity Risk assessment provides a measure of the probationer and parolees dangerousness to the public as well as propensity to engage in future criminal activity Current assessments use objective assessment scales to measure a probationer and parolees’ risk Risks related to recidivism are prior criminal record, associating with criminal friends, antisocial attitudes, lack of self-control or problem-solving skills Assessment also helps to identify Criminogenic needs (problems, habits or deficits that are directly related to an individual’s involvement in criminal behavior) includes drug and alcohol abuse, mental illness, anger management, and skill deficiencies. Assessments that are better at predicting recidivism include both static and dynamic factors Purpose of assessment is to differentiate offenders by low, medium, and high-risk needs ORAS- Ohio risk assessment system 1. First comprehensive assessment that can be used at pretrial, during supervision and reentry 2. Once an offender has been initially assessed, additional assessment tools have been validated for specific types of problems (cognitive thinking mental health, substance abuse) LSI-R- Level of Service Inventory Advised- Revised 1. Makes more accurate predictions with adult men, less accurate in predicting recidivism rates in women. 54 item scale that assigns a numerical value to many of - - the same factors found in the presentence report. The higher the score, the more likely an offender will recidivate Structured interview to measure risk 1. Static Factors- variables that don’t change or have already occurred in the past such as, gender, number of arrests and convictions 2. Dynamic Factors- factors that do change and are most valuable in measuring offender change over time. Family and marital relationships, peers, schoolwork, finances, and leisure activities Weekly related and not criminogenic are self-esteem, physical health, medical needs, and anxiety Other tools needed to identify treatment needs 1. A needs assessment must also be conducted to identify characteristics, conditions, or behavioral problems that limit offender’s motivation or may lead to a return to criminal behavior 2. Treatment needs can include drug and alcohol abuse, mental illness, anger management, or educational or vocational deficiencies 3. Treatment activities are actions taken by supervising officer to bring about a change in the offenders conduct or condition for the purpose of rehabilitation or reintegration into the community 4. PSI’s prison disciplinary records, prerelease plans, physical and mental health evaluations or records of drug or alcohol abuse or other related criminal conduct can also identify treatment needs 5. Extremely important to gather and evaluate offender’s history. Past behavior can be a predictor of future behavior Community supervision conditions- - - Neighborhood-based supervision- allows officers to leave department and conduct field visits Visits and field contact 1. Surveillance is important element of supervision that provides a means of whether offenders are meeting conditions imposed by the court 2. Most common form is face to face meetings or phone check-in 3. Field contacts (meeting clients in their home or place of employment) are most time consuming, but most valuable 4. Collateral contacts are made quarterly to make sure offender is adhering to conditions 5. Technology allows for more sophisticated monitoring unannounced visits, collecting urine samples and curfew are also used Levels of supervision 1. Effective supervision requires developing various levels to meet needs of different offenders There are typically 3 or 4 levels of supervision 1. A three-level plan is maximum, medium, and minimum level supervision 2. A four-level plan is maximum, high, standard, and administrative - - Employment assistance 1. Critical relationship between success under parole or probation supervision and meaningful employment 2. Single most important element in preventing recidivism 3. Vocational or job-readiness training 4. Workforce development programs Developing prosocial networks 1. Use of informal social controls provided by family members and community agencies 2. Neighborhood and family support aid in supervision 3. Instruction to avoid locations that may contribute to possible deviant opportunities 4. Requires officers to fully understand community values and be able to interact with businesses and social service agencies to identify legitimate employment opportunities and resources 5. Also, helpful to know locations and establishments that may contribute to deviant opportunities Factors that establish risk (also look at risk and needs assessment above)- Risk- the likelihood that the offender will engage in future criminal activity, Factors- risks that are related to recidivism include prior criminal record, associating with criminal friends, antisocial attitudes and values, and lack of self-control or problemsolving skills. Supervision component - - Supervision- the oversight that a probation or parole officer exercises over those in his or her custody After reviewing conditions of probation ordered by a court and assessing risk by calculating risk score and determining treatment concerns, officers identify specific supervision issues and develops a case plan Case plan specifies how each court ordered condition is to be fulfilled by offender in context of risks and needs posed Neighborhood-based supervision allows others to leave department and conduct field visits to leave department and conduct field visits Supervision issues is an identified problem or offender characteristic or pattern of conduct that requires intervention to overcome change Case treatment plans- - - - - - One central idea that holds true throughout this text is that no matter what forms or level of community supervision, effective supervision must involve some sort of treatment component and or referrals to outside resources to help offenders After reviewing court-ordered conditions of probation, assessing an offender’s risk of recidivism, and determining treatment needs, an officer selects appropriate strategies for addressing them An officer develops a case treatment plan, which is an individualized written document that clarifies how each court-ordered condition is to be fulfilled by offender and supervising officer in the context of the risks and needs posed A case treatment plan includes the main goals the offender will work on during probation and parole, how the offender must go about meeting those goals, the strengths that the offender must draw upon, and how the officer can help the offender collaborate toward meeting those goals Once completed, the case treatment plan is signed by both parties Progress on the case plan is reviewed during each appointment and can be modified as circumstances change CHAPTER 6 Supervising mentally ill- - Deinstitutionalization of mentally ill and lack of providers to serve those without health insurance has caused prisons to become largest mental health institutions in the country The cost of confining an inmate with a severe mental illness is 2.5 times greater which is why many qualify for community supervision Estimated that 16% of all probationers have general mental health needs Between 5-10% of parolees have serious mental illnesses requiring medication and therapy Incarceration is not the best environment for stabilizing the mentally ill. Most people with mental illnesses are not violent or dangerous, they just need help getting the services they require Supervising the mentally ill in prisons poses special challenges because most correctional officers do not have specialized training Long-term challenge is to convince offenders with mental illnesses to remain on medication even when they report feeling better. - - - - People with illnesses who go off their medication may find themselves back in the system They medicate with illegal drugs and resort to crime to sustain that habit Some individuals have never been properly diagnosed or medicated Police officers also need special training to identify this instead of repeatedly arresting and incarcerating the mentally ill…or worse There are roughly 175 mental courts nationwide More successful courts have solid community partnerships and availability of services for the homeless Evaluation: Participants had fewer new charges/arrests as a result than non-participants. Also increases the rates at which clients receive services. Participation also increased the rate at which clients receive services compared to what would happen if they were court-ordered through the traditional Specially trained caseload officers handling caseloads specializing in mental health issues Training allows officers to have a more empathetic understanding of stability and allowing them to recognize mental deterioration before situation reaches point of no return Training also allows officers to understand psychological resistance and how to gain trust and compliance with this population. Specialized caseloads numbers per officer are far less than traditional caseloads Ensuring compliance with medications and counseling sessions are greatest challenges. Court appearances and problem-solving strategies used more often than revocation to address noncompliance Allow mentally impaired offenders who are not a danger to themselves or others a chance to avoid incarceration environments while taking part in ongoing treatment regiment Reduce likelihood of further arrests because compliance with medication is more likely to lead to long-term stability Referrals come in first 48 hours from pretrial staff, judge, or officers Client must voluntarily express interest to receive treatment Inpatient residential facility as alternative to jail setting For offenders who need more structure and treatment intervention but aren’t ready to be released to outpatient services, probation, or parole Studies show that when alcohol is combined with mental illness, risk of rearrest is greater Supervising sex offenders- Period of supervision is longer than for other types of offenders - - - Sex offense refers to a sexual act against a victim’s will. Includes everything from exposing oneself to rape Requires extensive training, time, and resources to find suitable housing, conduct home and employment visits and monitor offenders to satisfy community expectations Probation and parole officers in sex offender units are specially trained in sex offenses and recognizing secrecy, manipulation, and deceit. The mark of a good officer is to be able to supervise and help a person who has behaved badly while not judging and being careful not to get manipulated or conned. Court-mandated, intensive treatment specific to the type of sex offense Include CBT to address thinking errors and victim minimization, polygraph tests to detect deception and aversive conditioning to alter inappropriate sexual interests Aggressive rapists require different treatment based on anger management The assumption is that there is no “cure”, but offenders can retrain their thoughts and behaviors through CBT Offenders must admit their guilt or cannot participate in treatment programs Offenders must also acknowledge past sex offenses Tools used: Polygraph tests – reduces deceit, baseline polygraphs are also used for supervision and to measure treatment progress Penile plethysmograph – used to identify the gender and ages of victims to whom an offender is attracted measures responses in male offenders to determine level of arousal. Also tracks treatment progress and whether a different approach needs to be used. Depo Provera may also be prescribed – changes hormone levels to decrease urges and increase responsiveness Supervising sex offenders in the community requires more frequent contacts and searches than with other offenders. Containment Approach involves: 2–4 face-to-face contacts between officer and probationer per month 2 probationer home-and-computer searches per month Thorough mental health evaluation Weekly cognitive-behavioral group therapy; individual counseling Regular staffing with treatment provider and polygraph examiner Sharing of information between probation officers and treatment providers Must provide blood and saliva to create a DNA profile This was challenged as a violation of 4th amendment rights, but 10th circuit upheld ruling because of the significance of DNA evidence in solving sex offender cases, the minimal intrusion on inmate’s right to privacy and parolee’s limited constitutional rights Other special conditions may include: prohibition of any pornography restricting internet access restricted patronizing of sex-oriented businesses exclusion from child safety zones Stem from Megan’s Law (1996) allowing police in investigating sex crimes and allowing public to know identities and locations of offenders in their area - - - All sex offenders required to register. States vary on how long they remain on registry. National Sex Offender Public Website (www.nsopw.gov) States that fail to comply with registration regulations risk losing federal funding. Some states say it costs more to comply than the funding they would lose. Not all offenders are adults Offenders are organized into 3 risk tiers Tier 1 lowest risk Tier 2 moderate risk Tier 3 high risk to commit another offense – remain on registry for the rest of their lives The U.S. Supreme Court has held that registration laws do not violate constitutional rights – namely the Due Process Clause of the 14th Amendment Cases have also argued unsuccessfully that registration laws violate privacy rights. Courts have held that laws serve a public safety function that supersedes an offender’s right to privacy. Retroactive application of registration laws has also been upheld Laws that make information about sex offenders available on request Laws can also authorize, even require, law enforcement agencies to disseminate information about sex offenders living in the community Amount and type of information to be disseminated depends on the offender’s level of risk – there are 3 tiers of risk. Third tier allows unsolicited dissemination of information, the other 2 only provide it on request. Real questions exist about whether notification laws make communities safer from sex offenders Prohibits sex offenders from living within 1,000-2,500 feet of areas in which children are likely to be present Forces offenders to live outside their family housing and sometimes to become homeless or be far away from treatment services Offenders required to register for life are unable to live in public housing These restrictions have not been shown to reduce recidivism. Enacting child-safety and no loitering zones may be more effective so offenders can live, work, and receive treatment where they are supported. Supervising the addicted- - Substance abuse contributed to crime Continued drug use on probation or parole is common reason for revocation. Treatment for drug use is more effective than revocation alone. Quality of treatment needs to relate to severity of problem. Obstacles faced by probation/parole officers: Assigning quality drug treatment programs to trained staff Lack of available space in community programs Limited ability to keep clients in mandatory treatment Relapse after treatment ends - - - Addresses challenges that parole/probation officers have with implementing adequate treatment. Recommends that treatment begin during incarceration and that after release, a cognitive behavioral relapse program retains offenders in treatment throughout reentry/parole period. Graduated sanctions are recommended over revocation to prison. Treatment plans include: Prescription medications that decrease cravings Drug courts Therapeutic Communities Addresses challenges that parole/probation officers have with implementing adequate treatment. Recommends that treatment begin during incarceration and that after release, a cognitive behavioral relapse program retains offenders in treatment throughout reentry/parole period. Graduated sanctions are recommended over revocation to prison. Treatment plans include: Prescription medications that decrease cravings Drug courts Therapeutic Communities Proactive way for judge, prosecutor, and defense attorney to work with treatment provider in monitoring and treating substance abuse problems Entire team monitors success of client for an entire year through regularly scheduled court appearances every 2-4 weeks Client must be drug court eligible (non-violent offender with a substance abuse problem who agrees to participate) Can be pre-adjudication supervision or post adjudication Pre adjudication means charges are dismissed Post adjudication means defendant stays out of jail if compliant Failure to comply pre-adjudication, offender is charged and tried for original offense Drug Court is 1 year in length and has 4 phases/levels Phase 1 is most intensive – inpatient or 12 hours of outpatient treatment per week. Involves detox process. Client will progress to next phase when appropriate When clients reach specific benchmarks (sobriety, keeping a job for a period) levels will decrease. Phase 4 must be completed before graduation Holding someone longer in a phase is a sanction for missed court dates or treatment sessions Relapses may mean repeated segments of program or short-term incarceration Juvenile drug courts and family drug courts are also an option. Parental participation is required in all hearings Gender-responsive strategies can be effective Women tend to abuse substances for different reasons: Cope with traumatic situations Domestic violence Mental illness - - Sexual abuse/physical abuse To maintain relationship with significant other who uses/abuses drugs Men tend to abuse substances in a more social and public context than women do Gender specific drug courts have evolved to better serve gender specific treatment needs Women who were exposed to gender-specific treatment models had better success rates than in mixed gender environments. Drug courts reduced recidivism by 37-50% for participants compared to non-participants Juvenile drug courts have smaller reductions than adult drug courts. Supportive parents contributed to success rate as did access to community services. Family Drug Courts target adult parents with children. Helps parents become stable and retain custody of their children Drug court model is more effective when it targets non-violent offenders and individuals who are motivated to change. Program structures that have enough leverage to hold clients accountable with capable staff and a long enough program length are more successful. Leverage with preadjudication offenders is more powerful. In-patient, residential community facilities specifically targeted to drug-addict and alcoholic offenders and/or drug addicts amenable to treatment Most suitable for long-term polydrug addictions whereas drug courts are geared to more moderate addiction Typical TC provides 6-9 months of residential drug and alcohol treatment with a period of aftercare as the offender transitions to daily life. Candidates are thoroughly screened for suitability and readiness for treatment. Offenders must be motivated to change and adhere to all rules Highly structured and disciplined environment with little free time. Clients have daily chores and hours of peer group sessions Sessions attempt to resocialize clients and tear down defense mechanisms and excuses that addicts adopt Largely peer operated and peer enforced. Group is run by residents who earn leadership roles through their successes Clients who graduate are transferred to outpatient treatment while remaining on probation or parole Low program completion rate is the largest challenge. Efforts are needed to improve retention rates or to better screen applicants to identify those who are truly motivated to participate Education during the first 30 days is crucial as that is when the most relapse occurs Shaming/punishing clients who misbehave or fail to participate needs to change as they are ineffective in changing behavior. Community based TCs are designed for clients who have failed in other community programs such as halfway houses, probation, or parole due to use of alcohol/drugs Residential drug/alcohol programs are also used as diversion from prison Community based Substance Abuse Treatment Facilities (SATF) program for nonviolent men and women probationers provides alternate to jail provided there are no mental health or behavioral issues - - Important to provide transition from residential living to community living while avoiding relapse Sometimes used as a transition step for clients who graduate from prison-based communities or other types of drug treatment programs while incarcerated These programs are often the last step before prison which creates stress and pressure for the client which makes them at a higher risk for relapse Overall evaluations found that treatment reduces future criminal behavior and drug use. Residential is more effective than outpatient treatment for those that complete their programs. Participants that don’t complete are vulnerable to relapse