Chapter Ten

Intermediate Sanctions and Alternatives to Institutions for Juveniles

Learning Objectives:

1.      To understand the traditional alternatives to institutionalization.

2.      To recognize various modifications to traditional probation and parole.

3.      To be aware of the various community-based programs.

4.      To appreciate the extent to which research has informed us, or in some cases failed to inform us, of the effectiveness of various intermediate sanctions implemented for juveniles.

Chapter Outline:

·        According to the Intermediate Sanctions Handbook, the definition of intermediate sanctions includes a range of sanctioning options and a coherent policy.

·        The primary objective of intermediate sanctions is to increase public protection and to ensure community safety.

·        Recently, there has been a greater emphasis on intermediate sanctions not only because of the lack of commitment to, and the lack of resources for pure prevention programs but also because many of the pure prevention programs have not had adequate evaluations to assess their effectiveness.

Traditional Alternatives to Institutionalization

·        The most common alternatives to institutionalization, probation and parole, derive from the positive school of crime causation.

Probation

·        Probation can be implemented either at the “front end” (first-time, low-risk offenders) or at the “back-end” (an alternative to institutional confinement).

·        There are generally two types of probation: informal or formal.

·        In 1996, 54 percent of the adjudicated delinquency cases resulted in probation; almost half of the formal probation cases were for a property offense.

·        Probation is a tool of rehabilitative prevention.

·        The specific administration of the probation program depends upon the state and the jurisdiction.

·        Probation caseloads have increased over the years; thus, in many cases it is necessary to establish a priority list to determine which youngsters are in greatest need of assistance and must be taken care of first.

·        Early pilot programs were initiated which attempted to provide sufficient resources so the probation officer could be more effective as a result of reduced caseload.

·        In Lincoln, Nebraska, the Volunteer Probation Counseling Program is an important part of regular probation services.

·        Once youths were adjudicated as delinquent for misdemeanors, evaluations were conducted to determine if they were “high risk.”  These “high risk” youths were placed on probation for one year and assigned to a community volunteer for one-to-one counseling.

·        A comparison of youths in the programs with those who were not assigned to a volunteer showed some positive effects of participating in the program.

·        Project CREST (Clinical Regional Support Teams) is another volunteer program to assist probationers; the volunteers are assigned to work with serious offenders, including repeat misdemeanants and felons.

·        Research on Project CREST demonstrated that the participants do recidivate less often than do other youths.

·        Restitution is often used in combination with probation, although it may be the focus of an independent program or part of a diversion program.

·        In some cases youths are not required to pay monetary restitution but instead must complete community service projects.

·        Proponents of restitution programs believe that it is rehabilitative to pay back individuals or society for damages resulting from illegal activity, for the youth learns to accept responsibility for her or his misbehavior.

·        Critics of restitution programs view them as part of the move to treat juveniles severely; they point out that restitution is actually retribution-that is, punishment aimed at getting even with the offender.

·        There is, however, some evidence of positive outcomes from restitution programs: 1) victims do receive some benefit, and 2) compared with traditional dispositions, some restitution programs result in less recidivism.

·        In many jurisdictions, seriously delinquent youth are placed on intensive probation; these youth are placed on small probation caseloads and provided with close

supervision, monitoring, and other services.

·        The primary difference between regular supervision programs and intensive programs is the intensity with which the various components are applied to a juvenile offender.

·        When intensive probation is used for youth who would otherwise be sent to an institution, it can dramatically reduce costs for the juvenile justice system and eliminate negative effects of the institutional environment.

·        There are some indications that intensive probation does not increase recidivism, and it may even result in less recidivism.

·        Wiebush cautioned that while intensive supervision was an effective alternative, it is not a panacea due to low cost-effectiveness of the program.

·        A house arrest sanction obligates an offender to stay within his or her place of residence for specified periods throughout the day.

·        House arrest is used in every state for both adults and juveniles; in many instances, electronic monitoring is imposed to enforce house arrest.

·        There are two general types of electronic monitoring technology: the active system and the passive system.

·        In 1989, Vaughn conducted one of the first surveys of juvenile electronic monitoring; the survey revealed that electronic monitoring programs provided various benefits such as reducing the number of days spent in detention, and allowing the juveniles to remain in the home and participate in various activities.

·        Subsequent studies have revealed that electronic monitoring of juveniles can be an effective alternative sanction.

·        The basic premise of the Accountability-Based Sanctions programs is that youth need to be held accountable for their offenses; these programs engage the community, the system, and the juvenile.

·        “Accountability” within the juvenile justice system implies that if a juvenile has committed a delinquent act, he or she needs to be held accountable through consequences of sanctions.

·        The accountability-based sanctions involve a “contract” between the citizen volunteers and the juvenile; the “contract” is an agreement that the case will be diverted out of the system if certain conditions are met.

Parole

·        Parole (also called aftercare) is similar to probation in that they both handle offenders in the community and are generally organized along the same lines.

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