Probation: Prison and Community Corrections Movement

The tension between rehabilitation and punishment has been increasing dramatically. This is because there have been sharp rises in the prison population and repeat offender rates. When one area is over emphasized in relation to the other, there is the possibility that imbalances will occur. Over the course of time, these issues can create challenges that will impact the criminal justice system and society at large. (Gadek, 2010) (Clear, 2011) (Gatotch, 2011)

Community corrections is continually changing and has been for the past one hundred years. From the early to mid-twentieth century onward it has used three major models, the medical model, community model, and the crime control model. The major turning point for the American community corrections system that led to corrections as we know it today was in 1974 when What Works? - Questions and Answers About Prison Reform by Martinson was published. The system changed practically overnight across the nation. The notion of rehabilitating offenders was dismissed and a more punitive “lock them up and throw away the key” mentality took over. Presently the corrections system is still working in the crime control model, but professionals are trying to restructure how we deal with criminal offenders during and after incarceration. The difficulty in the restructuring is finding the balance between punishing criminal offenders proportionate to their crime, but also rehabilitating them to be productive members of society once they are released so that they do not recidivate.

Incarceration of offenders has been the typical and most commonly used form of sentencing in corrections. Punishment is often the first choice when an offender breaks the law, which is understandable, because criminals should be held accountable for their crimes. Corrections is a system of checks and balances that holds individuals responsible for their actions. We must ask

members of society (Corbett, 2014) .Parole has been used for early release from prison for more

Community Based Corrections programs, also known as halfway houses or Residential Reentry facilities, were established as an alternative for prisoners to complete their term of incarceration in a community setting. Residential Reentry facilities provide a structured environment for low, minimum, and high-risk offenders while allowing them to integrate back into society. Specifically, Residential Reentry facilities provide offenders the opportunity to gain employment, establish financial responsibility, and obtain suitable housing. With the overcrowding of prisons, the ability to participate in Community Based Correction programs enables the convicted criminals as well as prison staff to lessen the loads that come with working in a prison as well as improve the lifestyle that comes with incarceration. As with all things in life, there are positive as well as negative outcomes to the participation of these convicted criminals in community-based programs. In viewing the positive and negative outcomes, the end

Today we see five prevalent goals of corrections including retribution, incapacitation, deterrence, rehabilitation and restorative justice. Goals employed in corrections change over time depending on several factors including the trends of thought in society and issues within the prison system. Politics as well as prison overcrowding also factor into determining which goal dominates. Retribution has a long-standing history as the most culturally accepted goal because people fended for themselves prior to organized law enforcement (Bartollas, 2002, p. 71). Incapacitation, the dominant goal currently, eliminates the threat by placing the criminal outside society, typically through incarceration, and preventing the criminal from having the ability to commit additional crimes. Deterrence, like retribution, has continued as a goal throughout history. In an effort to reduce the risk of crime, law enforcement attempt to deter criminals from committing crimes. Rehabilitation gained enormous strength with an attempt at moral redemption of the offender. Reformists believed corrections needed a makeover as they worked towards rehabilitation. Rehabilitation places more focus on the individual rather than the act in an attempt to rehabilitate the person. America did not begin to look at the corrections system more substantially until the 1970s as the idea of rehabilitation fell (Bartollas, 2002, p. 75). Restorative justice promises to restore the victim as the offender

Probation is a type of sentence for criminal defendants. Probation allows a convicted defendant to go free with a suspended sentence for a specified duration during good behavior. Probationers are placed under the supervision of a probation officer and must fulfill certain conditions. If the probationer violates a condition of probation, the court may place additional restrictions on the probationer or order the probationer to serve a term of imprisonment. Probation is normally for offenders sentenced to short terms in jail: it is not combined with a long prison sentence. legal dictionary)

Incarceration has been the primary means of punishment for criminals who have been convicted of felony offenses. While prisoners are serving the term of incarceration they face many difficult situations. Some of these situations can include committing new crimes within the system which could lead to prolonging the current sentencing. Those who are able to make parole after meeting the requirements set in place by the court are faced with new difficulties when trying to reintegrate in society. While inmates complete sentences ordered by the court, they have the opportunity to take advantage of Federal Aid including continued education, job skill training, employment opportunities and support programs. These programs are designed to lessen the struggle offenders’ face as they reintegrate into society by offering a positive direction upon their release. The overall goal is to achieve a reduction in the rate of recidivism.

Both jail and prison offer some type of early released programs, in this case probation and parole will briefly be discussed. Probation is a prison sentence that is suspended on the condition that the offender follow certain prescribed rules and commit no further crime (Seiter, 2008). Parole is similar to probation except that it is after a period of incarceration, which involved determinate and indeterminate sentencing (Seiter, 2008). The other types of prison sentencing include mandatory minimums, three-strike laws, and truth-in-sentencing (Wilson, 2001). The only difference is that a parole board allows convicts to serve the remainder of their term in society under supervision and strict limitations (Wilson, 2001). In summary both jails and prisons should strive to provide as much educational, health, and counseling opportunities as possible to reduce the likelihood of recidivism. Second, funding for the jail and prison systems will be briefly discussed.

Parole is the release of a prisoner by the decision of a paroling authority (Mackenzie, 2002). The offender is then required to remain under the observation of a parole officer who monitors the offender 's obedience with rules of conduct that are imposed by the parole board (Mackenzie, 2002). Parole is actually regarded as a back-end program that works in conjunction with the community (Mackenzie, 2002). Parole is actually similar to probation in that it follows a term of incarceration (Mackenzie, 2002). There are specific conditions which parole can be applied. Violations of these rules may result in re-imprisonment forced to return to prison to serve out the length of their original sentence from the date of release (Mackenzie, 2002). There are currently over five million people who are being supervised by the criminal justice system in the United States (Bureau of

Jail Incarceration Programs are prison diversion programs in which non-violent offenders serve up to 26 months in a county jail as a condition of supervision, in lieu of a state prison sentence. Programs may include work release, drug treatment, work squads, or other self-improvement programs as directed by the Sheriff's office. This program is designed to serve as a final disposition to any case whose presumptive prison sentence may have been one year to 26 months in prison. If the above criterion is met, this program can also be used for non-secure drug treatment, PRC, or secure drug treatment

There are already existing restorative practices that are place within the conventional criminal justice system at present namely probation, restitution and community service (Zehr, 1990). Admittedly they are not readily termed restorative justice programs however they are grounded in its theory.

Cullen and Gendreau (2000). give us some history on the restorative incarceration. The original theory of restorative justice was based on simple human behavior regulated by incentive instead of punishment, which instituted the concept of parole as a means of reward for a prisoner for rehabilitation. Further studies in criminology proved that this idea was too simplistic and married it to the positivist theory of criminology and instituted individual assessment and treatment for each prisoner based on their specific needs for reformation.

Throughout the years, many processes have been created to form the rehabilitation process of criminal justice. This process has reached out to many offenders and their families by allowing them to return to the community as changed individuals. Rehabilitation has many different process, but most, if not all have been proven successful in returning offenders to the community as changed individuals.

“The history of correctional thought and practice has been marked by enthusiasm for new approaches, disillusionment with these approaches, and then substitution of yet other tactics”(Clear 59). During the mid 1900s, many changes came about for the system of corrections in America. Once a new idea goes sour, a new one replaces it. Prisons shifted their focus from the punishment of offenders to the rehabilitation of offenders, then to the reentry into society, and back to incarceration. As times and the needs of the criminal justice system changed, new prison models were organized in hopes of lowering the crime rates in America. The three major models of prisons that were developed were the medical, model, the community model, and the crime