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NCJRS Abstract

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NCJ Number: 51981 Find in a Library
Title: CONTRACT PROGRAMMING IN PROBATION - PHILOSOPHICAL AND EXPERIMENTAL BASES FOR BUILDING A MODEL
Journal: JUSTICE SYSTEM JOURNAL  Volume:4  Issue:1  Dated:(FALL 1978)  Pages:49-70
Author(s): R J SCOTT
Corporate Author: Institute for Court Management
United States of America
Date Published: 1978
Page Count: 22
Sponsoring Agency: Institute for Court Management
Denver, CO 80202
Institute for Scientific Information
Philadelphia, PA 19104
Sale Source: Institute for Scientific Information
University City Science Ctr
3501 Market Street
Philadelphia, PA 19104
United States of America
Language: English
Country: United States of America
Annotation: FOLLOWING A DISCUSSION OF REASONS UNDERLYING CONFLICTING TRENDS IN CORRECTIONAL REFORM, THE USE OF CONTRACT PROGRAMMING IN PROBATION IS EXPLORED AS ONE APPROACH TO RESOLVING THIS DILEMMA.
Abstract: PHILOSOPHICALLY, CORRECTIONAL LITERATURE HAS REFLECTED GROWING DISENCHANTMENT WITH REHABILITATIVE/REFORMATIVE OBJECTIVES AND RENEWED INTEREST IN RETRIBUTIVE OR DETERRENT GOALS. PRAGMATICALLY, HOWEVER, THERE HAS BEEN INCREASING DEVELOPMENT IN THE USE OF COMMUNITY-BASED ALTERNATIVES TO INSTITUTIONALIZATION. THE MOVEMENT TOWARD PUNITIVENESS IS GROUNDED IN THREE FACTORS: THE HEIGHTENED PUBLIC DESIRE FOR DETERRENCE, THE LOGIC OF RETRIBUTION, AND THE FAILURE OF REHABILITATION. THE MOVEMENT TOWARD ALTERNATIVES TO INCARCERATION IS BASED ON A NUMBER OF FACTORS, AMONG THEM THE COURT'S PERCEPTION THAT INCARCERATION IS TOO SEVERE EITHER FOR SOME OFFENSES OR SOME OFFENDERS. HOWEVER, SENTENCES INVOLVING ALTERNATIVES HAVE COME TO BE UNFAIRLY PERCEIVED AS LENIENT. TO AVOID SUCH A CHARACTERIZATION, A POLICY OF PRIMARY RELIANCE ON PROBATION-BASED SENTENCES IS NEEDED TO PROVIDE A RANGE OF SENTENCING ALTERNATIVES THAT COULD MEET RETRIBUTIVE/DETERRENT OBJECTIVES AS WELL AS REFORMATIVE/REHABILTATIVE ONES. INCARCERATION SHOULD BE RESERVED FOR OFFENDERS WITH WHOM PUBLIC PROTECTION OBJECTIVES ARE MANDATORY. CONTRACT PROGRAMMING IN PROBATION, SIMILAR TO MUTUAL AGREEMENT PROGRAMMING IN PAROLE, MAY BE CAPABLE OF SATISFYING THESE CONFLICTING CORRECTIONAL APPROACHES. CONSIDERATION OF CONTRACT PROGRAMMING EFFORTS IN NEW YORK AND MICHIGAN SUGGESTS THAT THEY ARE RATIONAL APPROACHES TO STRUCTURING PROBATION SUPERVISION. AFTER CONVICTION BUT BEFORE SENTENCING, NONDANGEROUS OFFENDERS NEGOTIATE A CONTRACT DETAILING SPECIFIC EMPLOYMENT, EDUCATION, AND TRAINING GOALS AND A PROGRAM DESIGNED TO MEET THEM. THE POTENTIAL PROBATIONER IS INVOLVED FROM THE BEGINNING IN PLANNING EVENTUAL SUPERVISION, AND THE SENTENCING JUDGE IS PROVIDED WITH ADDITIONAL INFORMATION ON PROGRAM PLANS AS WELL AS ON THE CLIENT'S MOTIVATIONS. A MODEL FOR A CONTRACT PROBATION PROGRAM IS PROPOSED, WITH EMPHASIS ON MINIMIZING THE INHERENT DISPARITIES BETWEEN THE PROBATIONER AND THE COURT OR PROBATION DEPARTMENT REPRESENTATIVES IN NEGOTIATIONS. ADMINISTRATIVE PREPARATIONS, CLIENT SELECTION, CONTRACT NEGOTIATION, AND MODIFICATION, REVOCATION, AND TERMINATION PROCEDURES ARE DISCUSSED, ALONG WITH APPEAL AND EVALUATION PROCESSES. REFERENCE NOTES ARE PROVIDED.
Index Term(s): Alternatives to institutionalization; Models; Probation; Reform; Sentencing/Sanctions
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=51981

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