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Medium 9781574411829

7. Monetary Penalties: Fines and Restitution

Gail Caputo University of North Texas Press PDF

CHAPTER 7

Monetary Penalties:

Fines and Restitution

FINES

BACKGROUND

Fines are monetary penalties requiring the offender to pay money to the court as full or partial punishment for criminal offending. Other financial penalties, such as court costs and supervision fees, are not intermediate sanctions. Court costs offset the costs incurred by the court in the processing of a criminal case. Supervision fees are monies by a person under supervision and are commonly applied to offenders in an effort to offset the cost of corrections, such as probation supervision.

The fine is one of the oldest known penalties, dating back to before

Biblical times when it was used for punishment of criminal and moral offenses (Mullaney, 1988). In the 10th century, kings and other royal officials imposed fines for criminal punishments and by the 13th and

14th centuries, fines became one of the most frequently used punishments in Europe when criminal justice systems began to develop. Then it was commonly used in combination with capital punishment, exile, and public shaming (Peters, 1995). The fine remained a viable penalty in

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3. Intensive Supervision Programs

Gail Caputo University of North Texas Press PDF

CHAPTER 3

Intensive Supervision Programs

BACKGROUND

Intensive Supervision Programs, the most popular intermediate sanctions in the United States, provide for closer monitoring and surveillance of offenders than is possible with regular probation and parole. An intensive supervision program (ISP) is a more enhanced and restrictive form of probation or parole intended to protect the public.

Probation departments experimented with intensive forms of probation as early as the 1950s. These early programs emphasized low caseloads to afford probation officers better control of offenders under supervision. In the late 1970s there were as many as 46 ISPs. These programs were used for offenders on probation and provided for smaller caseloads and increased officer-offender contacts (Byrne, Lurigio, &

Baird, 1989).

It was not until the mid-1980s, however, that intensive supervision programs emerged in their present forms. Like other intermediate sanctions, intensive supervision programs were created to reduce reliance on prisons and to fill the gap between traditional probation and incarceration by serving as tougher punishments with stricter controls over offenders than traditional probation could provide. The impetus behind this new generation of programs was to alleviate crowding in prisons, to more effectively supervise higher-risk offenders on probation, to save money, and to control crime (See Petersilia, 1999; Haas & Latessa,

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6. Home Confinement with Electronic Monitoring

Gail Caputo University of North Texas Press PDF

CHAPTER 6

Home Confinement with

Electronic Monitoring

Jon’a F. Meyer

BACKGROUND

Spiderman had possibly met his match; the poor super hero had no idea what his nemesis, the Jackal, had in store for him. Like a number of villains in the popular Spiderman comic series, the Jackal was a professor and an evil one at that. In a fit of sheer brilliance, the Jackal had developed a tracking device and fitted a sedated Spiderman with it (Lee,

1974). Spidey awoke to find his lower forearm encased in the fiendish bracelet. If removed, the device would explode and render Spiderman’s arm useless for life. If left in place, however, it allowed the Jackal to know Spidey’s whereabouts. Spiderman finally defeated the nefarious device and many scholars now attribute the birth of electronic monitoring of criminal offenders to the January 1974 issue of the comic in which Spidey and the Jackal engaged in their technologically enhanced battle.

Albuquerque-based judge Jack Love read the comic in 1977 and became convinced that the premise behind the Jackal’s tracking device could work in the corrections field, enabling better monitoring of those ordered into home detention. Satisfied that the idea merited consideration, he sent a memo, a copy of the comic, and a news article about devices used to track cargo and animals to the New Mexico

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4. Boot Camps

Gail Caputo University of North Texas Press PDF

CHAPTER 4

Boot Camps

BACKGROUND

Boot camps are highly popular residential intermediate sanctions typically used for young offenders and provide for very structured and military-like activities such as strict discipline, physical training and labor, drill, and a regimented schedule of daily activities. Boot camps differ from other intermediate sanctions in that participants are incarcerated, albeit for short and intensive terms, participants are often under the jurisdiction of state or county correctional departments and therefore considered inmates, and many boot camps are located on or near prison grounds.

Although the term boot camp is often used synonymously with shock incarceration, boot camps are actually only one form of shock incarceration. Shock incarceration programs vary, but the common feature is that an offender is confined for some period; this incarceration experience is typically brief but intense. As the term suggests, the idea behind shock incarceration is to provide a deterrent shock or jolt to the offender. To achieve this sense of shock, boot camps are structured and emphasize discipline and rigorous physical training. Boot camps differ from other forms of shock incarceration in that participants are separated from other inmates, participate in physical training drill, and the atmosphere of the program is militaristic in nature with a strict daily structure of activities (MacKenzie & Shaw, 1993).

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5. Day Reporting Centers

Gail Caputo University of North Texas Press PDF

CHAPTER 5

Day Reporting Centers

BACKGROUND

Day reporting centers are known by various names: Alternative to

Incarceration Programs (ATIs) in New York City, Day Reporting and

Day Resource Centers in Texas, Day/Night Reporting Centers in Utah, as well as Day Centers, Day Treatment, and Day Reporting Programs in other states. The day reporting center (DRC) combines high levels of controls over offenders to meet public safety needs with the intensive delivery of services to address rehabilitation needs. It is a highly structured non-residential program requiring frequent reporting to a specific location (e.g., the center) on a routine and prearranged basis, usually daily or in the evenings, where participants engage in activities such as substance abuse treatment, counseling, educational and vocational training, and employment services.

The day reporting concept originated in England in the 1970s. Day centers, as they were originally termed and now referred to as probation centers, are used primarily as a front-end diversion from incarceration for young, male, property offenders with prior terms of incarceration and employment problems (Mair, 1995). By 1985, there were more than

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9. Halfway Houses

Gail Caputo University of North Texas Press PDF

CHAPTER 9

Halfway Houses

BACKGROUND

Halfway houses are community-based residential facilities designed to limit the freedom of offenders while seeking to reintegrate them into society through employment and other services. They are used primarily to help inmates who are being released from prisons make the oftendifficult transition from confinement to the community. Halfway houses are also referred to as adult residential centers, community residential centers/programs, community corrections centers, community release centers, parole residential centers, transitional centers, and residential community correctional facilities. Halfway house facilities are located within communities, were often once private residences, and are designed to “blend in” with the community.

Participation in halfway houses requires 24-hour supervision and offers offenders access to treatment and other rehabilitative services.

Participants are permitted to leave the house with restrictions for work, education, and other responsibilities and they generally spend the evenings at the halfway house. Given its residency condition, a halfway house provides more structure and supervision than a typical probation or parole program, but is not as secure as a jail or prison.

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1. Overview and Theoretical Foundations of Corrections

Gail Caputo University of North Texas Press PDF

CHAPTER 1

Overview and Theoretical

Foundations of Corrections

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.

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10. Conclusion

Gail Caputo University of North Texas Press PDF

CHAPTER 10

Conclusion

SUMMARY OF RESEARCH ON INTERMEDIATE SANCTIONS

Intermediate sanctions have not been established long enough for researchers to determine their overall effectiveness. While some important and comprehensive evaluations have been conducted, much more research is necessary. Some of the research is favorable, for instance with respect to fine payments, completion of community service, and day reporting centers. Other research raises doubts about the effectiveness of intermediate sanctions, such as the effectiveness of military boot camp models and intensive supervision programs focusing on control and monitoring. Overall, the research to date has indicated that intermediate sanctions are not the panacea they were once promoted as being. The following overall conclusions can be drawn:

Very few offenders have participated in intermediate sanctions.

Although intermediate sanctions have proliferated over the past ten years, relatively few offenders who could have been placed have participated in these programs. According to Petersilia (1999), less than six percent of the total adult probation and parole population is participating in intensive supervision programs. Only about one percent of probationers and parolees are under electronic monitoring. On a typical day, there are no more than about 10,000 participants in boot camp programs. As to day

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2. Development, Goals, and Structure of Intermediate Sanctions Programs

Gail Caputo University of North Texas Press PDF

CHAPTER 2

Development, Goals, and

Structure of Intermediate

Sanctions Programs

THE EMERGENCE OF INTERMEDIATE SANCTIONS

Prior to the 1980s, the standard sentencing options for judges consisted of probation or incarceration. Although community-based programs, such as probation, restitution, community service, and halfway houses, were available in the 1960s and 1970s, they lost credibility and support mainly because they were shown to be ineffective in a number of ways

(Tonry, 1997). It was not until the early 1980s as correctional crowding became a serious problem that alternatives to incarceration, or intermediate sanctions, were formally organized into state correctional options (Lurigio & Petersilia, 1992). Boot camps and intensive supervision probation and parole emerged in the middle 1980s and the other, fragmented assortment of programs, such as community service and home confinement, were “repackaged” and formally implemented as intermediate sanctions. Three main correctional issues prompted the need for change in corrections and led to the formal development of intermediate sanctions in the middle 1980s: a lack of success with felony probationers and to a lesser extent, parolees, severe overcrowding in prisons and jails, and inadequate sentencing choices.

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8. Community Service

Gail Caputo University of North Texas Press PDF

CHAPTER 8

Community Service

BACKGROUND

Community service is compulsory, free, or donated labor performed by an offender as punishment for a crime. The requirement of an offender to perform community service is often referred to as a community service order. An offender under a community service order is required to perform labor for a certain length of time at charitable not-for-profit agencies, such as domestic violence shelters, or governmental offices, such as courthouses. The work is completed within a proscribed time period, such as six months. Community service is closely aligned with restitution in that the offender engages in acts designed, in part, to make reparation for harm caused by his or her criminal offending, but these acts are directed to the larger community in the form of good works rather than to the victim alone. The main idea is that the work an offender performs is unpaid and benefits the community in some meaningful way. Community service addresses several important goals:

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Chapter 3 – Food

Jorge Antonio Renaud The University of North Texas Press ePub

CHAPTER THREE

food

Inmates in Texas prison eat in the chow halls because they have to, not because they want. Any chef will tell you that the quality of a meal drops with the amount of people you have to feed. In TDCJ, minimally trained cooks prepare from 1,000 to 3,000 meals three times a day, under minimal quality standards, and with only the pride they and an occasional professional wearing TDCJ gray bring to their jobs. The courts have ruled, and rightly so, that good taste cannot be dictated. The standard applied to institutional meals is that they be hot and nutritious. In turn, state dieticians and various medical experts set out the nutritional standards TDCJ follows. Inmates get three meals a day, and if an inmate eats all that he is offered, he will be assured of the minimal daily requirements of vitamins and minerals that medical experts say he needs to survive.

Meals consist of: three four-ounce servings of three different vegetables; a four-ounce serving of beans; a scoop of potatoes or rice; a piece of meat (except at breakfast); two pieces of bread, or two biscuits, or a three inch square of cornbread; and dessert at lunch (which can be cake, pie, gelatin, or pudding). That’s it. If you complain, or ask for more, chances are good that the staff will take your tray and order you from the chow hall.

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Chapter 9 – Money

Jorge Antonio Renaud The University of North Texas Press ePub

CHAPTER NINE

money

Let’s talk about what got many of us in prison: money.

First, TDCJ inmates are not paid. No matter how hard we work, for how many years, we do not receive a penny. Various groups have tried to convince Texas lawmakers to pay inmates a tiny daily stipend. Texas is one of only two or three states that does not pay its inmates. But it takes a courageous legislator to tell his constituents, “Yes, I know these guys robbed and raped and sold drugs and carjacked—I still think we need to pay them.”

The legislator might be risking political suicide before he could explain the benefits of making sure that by paying inmates, you could ensure that many don’t come back. That would make paying inmates cost efficient, on both monetary terms and humanitarian grounds, because many of us would then not commit the murders and robberies that leave so many innocent victims in our wake. But those benefits are lost in the hazy, blood-red world created by prosecutors bent on convictions now in exchange for misery later.

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Chapter 12 – Religion

Jorge Antonio Renaud The University of North Texas Press ePub

CHAPTER TWELVE

religion

If adversity draws one closer to the Lord, the skies over most prisons should be ringing with hymns and the fences humming with prayer. Most convicts were not religious people before coming to jail—that truth is evident in their reckless, hurtful, selfish actions. However, the Lord is active in Texas prisons. Inmates who wish to pursue a spiritual awakening are extended almost every opportunity to do so. TDCJ extends quite a bit of freedom to inmates for them to pursue individual beliefs and practices. All inmates are encouraged to believe, worship, and to study their particular religion. Participation in any worship is voluntary, unless an inmate is assigned to one of the pre-release units that has a focus on spiritual fellowship as a foundation for rehabilitation, such as the Carol Vance Unit, which houses the Inner Change Faith-Based Treatment Program.

Many things contribute to the degree of religious freedom and array of religious activities on a particular unit: the dedication of the unit chaplains; the involvement of community volunteers; the religious beliefs of the warden. In any case, this is one area where what TDCJ practices often exceed what its policy requires.

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Chapter 15 – Substance Abuse

Jorge Antonio Renaud The University of North Texas Press ePub

CHAPTER FIFTEEN

substance abuse

This will be a short chapter. The inescapable truth is that there exists no meaningful substance abuse treatment program for the great majority of Texas convicts. Regrettably, this seems to be the direct result of public opinion. In 1990, newly elected Governor Ann Richards promised a new era in the way Texas would approach its exploding prison population. Recognizing that much of crime in Texas was committed by men and women either under the influence of drugs or alcohol, or stealing to amass the money to buy drugs or alcohol, Richards proposed setting aside tens of thousands of prison beds to house substance abusers.

There would be entire units devoted to rehabilitating addicts—therapeutic communities where perimeter security would be enhanced by convict serenity; where counselors would attempt the radical notion of fighting crime by preventing it, instilling hope and self-esteem into addicts who until then had known only the dreary treadmill of jail, dope, and crime.

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Chapter 20 – Racism, Gangs and Violence

Jorge Antonio Renaud The University of North Texas Press ePub

CHAPTER TWENTY

racism, riots, and gangs

A Time cover story in the early 1980’s declared the East Texas prison unit of Eastham “America’s Toughest Prison,” a distinction hotly disputed by other Texas prison units. The entire then-Texas Department of Corrections rocked after Judge William Wayne Justice ordered the building tender system dismantled as a result of Ruiz v. Estelle. Without its inmate goons to keep order, TDC was exposed as almost criminally understaffed.

Coupled with the mass resignings and reassignments of many old-time guards and wardens—who had flourished under Director W.J. Estelle’s term—the lack of supervision left a power vacuum that was soon exploited by burgeoning prison gangs. Flexing their muscles, the various gangs waged war for the right to control the prison drug trade and jumped at the opportunity to settle old scores. The murder rates rocketed as the media fueled the killing frenzy by publicly lamenting the records for violent deaths that TDCJ convicts were daily rewriting. Clemens, Ellis, I, Coffield, Ramsey I, Darrington—where a 1984 triple murder in a sunlit dayroom prompted TDC’s first system-wide lockdown as officials frantically tried to isolate gang members—all laid valid claims to the dubious title of America’s deadliest joint.

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