Intermediate Sanctions in Corrections

CHAPTER 1

– 3 – THE CRIMINAL JUSTICE SYSTEM Criminal justice in the United States involves three interdependent agencies —law enforcement, courts, and corrections—operating at the federal , state, and local levels. Together, these agencies represent the criminal justice system. Although with distinct lines of funding, rules, standards, procedures, and organizational structures, these agencies must work together in the processing of criminal cases. This process is traditionally characterized by a model developed by the President’s Commission on Law Enforcement and the Administration of Justice (LEAA) (President’s Commission on Law Enforcement and Administration of Justice, 1967). The model portrays a rational, systematic assembly linelike processing of criminal cases through the three agencies. Law enforcement agencies are formally charged with the prevention and control of crime. To this end, they respond to reports of criminal activity, investigate these reports, and make arrests when appropriate. Then, courts determine criminal charges, decide guilt of the accused, and impose criminal sanctions. Finally, correctional agencies administer these penalties through control, custody, and supervision. COMPONENTS OF CORRECTIONS Corrections refers to the myriad policies, programming, services, organizations , and facilities designed for individuals who are accused and CHAPTER 1 Overview and Theoretical Foundations of Corrections INTERMEDIATE SANCTIONS IN CORRECTIONS – 4 – convicted of crimes. Correctional programs are administered by all levels of government—local, state, and federal. Common correctional options and other restrictions placed on offenders are illustrated in Figure 1.1. Very minor offenders may lose driving privileges as a punishment measure. First-time shoplifters may be ordered to probation for one year, pay court costs, pay a fee for probation supervision, and report face-to-face to a probation officer monthly. The probation department would monitor the offender’s criminal activity, his or her payment of fees, and so on. Felons may be placed under home confinement with electronic monitoring, perform community service, and serve weekends in jail. These sanctions and restrictions can be used in any number of different combinations and judges have considerable discretion in their application. The most commonly used correctional options are illustrated in Figure 1.2. These options are classified into three categories: incarceration , community corrections, and intermediate sanctions programs. Incarceration refers to jails and prisons. The term community corrections refers to a variety of programs that are outside of jails and prisons. These are most notably probation and parole and can include community -based treatment programs. The third category is the subject of this text. Intermediate sanctions are designed for persons who require more supervision and control than community corrections but less supervision and control than incarceration. Although it can be argued that many community correctional programs are intermediate sanctions because they are designed to divert offenders from more intrusive penalties , there is general agreement that intermediate sanctions are made up of a set of eight correctional options falling between probation and incarceration. Figure 1.2 illustrates the correctional options on a continuum , because they vary in the type and amount of control placed over an offender’s behavior. Options to the left, such as probation, offer the least amount of control over offenders and are considered the least severe sanctions. Moving toward the right side, the options become more punitive. Incarceration, for example, is typically reserved for the serious or repeat offender. The continuum of sanctions enables judges to choose punishments that fit the crime and offender. Especially for adults, incarceration, community corrections, and intermediate sanctions are being used more now than ever before. The number of offenders involved in these programs has increased dramati- OVERVIEW AND THEORETICAL FOUNDATIONS OF CORRECTIONS – 5 – Figure 1.1. Various Restrictions and Sanctions for Criminal Offenders cally over the past three decades. According to the Bureau of Justice Statistics, more than 6.5 million adults were incarcerated, on probation, or on parole at the end of 2001: about 63,240 in jails, just over 1.3 million in prisons, 732,351 on parole, and more than 3.9 million on probation (Glaze, 2002). These figures are the best estimates of the adult correctional populations in the United States but do not accurately account for the thousands of offenders in intermediate sanctions. The following section reviews the three correctional options beginning with incarceration, the most punitive and restrictive. INTERMEDIATE SANCTIONS IN CORRECTIONS – 6 – Figure 1.2. Varieties of Correctional Options OVERVIEW AND THEORETICAL FOUNDATIONS OF CORRECTIONS – 7 – Incarceration: Jail and Prison Incarceration requires that a criminal offender remain housed in a secure facility for a certain...