CCJ4300 University juvenile justice System Discussion Questions Answer each question minimum of 300 words. Must use provided material (PDF book) as well as 2 other sources to complete assignment. Please use in-text citations and reference/cite in APA format. Here is the reference for the PDF: Elrod, P., & Ryder, R. S. (2014). Juvenile justice: a social, historical, and legal perspective (4th ed.). Burlington, MA: Jones & Bartlett Learning.
1.) Use your text and the internet to research the case of In re Gault. In a narrative format, outline the case. Give the facts, issue, and court holding.
2.)Discuss in detail the 14th amendment and Gault’s confinement to an Industrial School. What are the purposes of juvenile courts?
3.) Your state’s governor has appointed you to a task force on juvenile justice reform. Outline at least ten key issues facing juvenile justice. Then offer ten proactive approaches to combat the problems.
ed Community-Based
Correctional Programs
for Juvenile Offenders
L
I
Chapter Objectives
D
After studying this chapter, you should be able to
D
• Define community-based corrections
E
• Describe common objectives of community-based correctional programs
L
• Describe different kinds of at-home community-based programs
L
• Describe different types of out-of-home or residential community-based programs
,
• Describe standard probation and how it varies between and within jurisdictions
• Describe the basic roles performed by juvenile probation officers
T
I
Describe recent trends in juvenile probation
F
Describe problems that confront community-based correctional
programs
F
Evaluate the effectiveness of community-based correctional programs
A
Explain why aftercare is a key component of juvenile corrections
N
Y
• Evaluate the effectiveness of standard probation
•
•
•
•
Chapter Outline
1
5
Introduction
At-Home Community-Based Programs for Juvenile Offenders
6
Out-of-Home (Residential) Community-Based Placements 8
for Juvenile Offenders
The Effectiveness of Community-Based Corrections for Juvenile
T Offenders
Linking Institutional and Community-Based Corrections: Aftercare
Programs
S
Legal Issues
Chapter Summary
Key Concepts
Review Questions
Additional Readings
Notes
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chapter
11
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chapter 11
Community-Based Correctional Programs for Juvenile Offenders
■■ Introduction
nonformal
p rocessing
Includes various
ways of processing
cases that do not
involve an adjudication and the
initiation of a formal
juvenile court record
for the youth.
formal processing
Case processing that
results in an adjudication and initiation
of a formal juvenile
court record.
community-based
corrections
Noninstitutional
correctional
programs and interventions designed
to provide services
to children in a community setting.
When youths are adjudicated, a number of dispositional options may be exercised by juvenile
courts, although the options available in many jurisdictions are limited because of a lack of
community resources. Regardless of the number of options available to courts, however, they
fall into three broad categories. One category of options is nonformal processing , which includes
dismissal of the case, used in a small percentage of cases; referral to a community diversion
program (note that some states limit the types of crimes that can be referred to diversion
programs); and placement on nonformal probation. The two categories of formal processing
options are placement in a community-based correctional program and placement in an
institutional correctional program. This chapter examines the operation and effectiveness of
placement in community-based correctional programs.
The term community-based corrections
L refers to diverse types of supervision, treatment,
reintegration, control, and support programs
I for youths involved in the juvenile justice process.
These programs are based on the belief that the most effective way to encourage law-abiding
D them assume legitimate roles in the community.1
behavior on the part of youths is to help
Examples of community-based programs
D are diversion, pretrial release, probation, foster care,
group home placement, and parole. Some
E of these programs, which are referred to as at-home
community-based programs, are designed to provide services to youths in their own homes.
L services to youths who are removed from their
Other community-based programs provide
homes, at least for short periods of time;Lthese are referred to as out-of-home community-based
programs.
,
Like other correctional interventions, community-based programs are intended to accomplish a variety of objectives, although the objectives actually pursued by different programs
vary to some extent. These objectives T
include controlling and sanctioning youths, allowing
youths to maintain existing ties with the community, helping them restore ties and develop
I
new and positive ones with the community (reintegration), helping the individual avoid the
negative consequences of institutionalFplacement, providing a more cost-effective response
to those who violate the law, and reducing
F the likelihood of recidivism.2
A
■■ At-Home Community-Based Programs
for Juvenile Offenders
N
Y
Probation is the most frequently used correctional
response to youths who are adjudicated in
Probation
probation
The conditional
release of an adjudicated youth into the
community under
the supervision of
the court.
juvenile courts. For example, in 2009, 6 out of every 10 delinquency cases (60%) adjudicated
in juvenile courts were given probation.13 Probation is the conditional release of an adjudicated
youth into the community under the supervision of the court. The conditions under which
a youth is released constitute the rules5of probation. Typical rules of probation require the
probationer to obey all laws; follow home
6 rules; be home each day by a certain time; meet with
the probation officer when requested; 8
and, if the youth is of school age, attend school each
day and obey the rules of the school. However, a court may make other rules of probation
if it thinks they are necessary to assist T
the youth and protect the community. The court, for
example, might demand that the youthS
avoid certain people or places, attend counseling, and
make restitution to the victim. The role of the probation officer is to monitor the youth and/
or assist the youth in his or her efforts to adhere to the rules of probation.
Simply defining probation, however, does not reflect the complexities of probation or
the disparities that exist in the practice of probation. In fact, considerable variability in
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At-Home Community-Based Programs for Juvenile Offenders
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probation practice can occur in the same state and
even in the same probation department. Some juvenile
courts have more than one type of probation program
for youths under their supervision. These different
programs—sometimes called standard, moderate, and
intensive probation—are intended to reflect different
levels of contact between probation officers and their
clients. Other courts or probation departments do not
make a formal distinction between types of probation programs. Whether probation is called standard,
moderate, or even intensive probation in some cases, the level of contact between a probation
officer and a client can range from regular to infrequent. There are jurisdictions that, because
L
of large caseloads, are able to provide only “file drawer probation ,” which is characterized by a
I officers and probationers. Moreover,
lack of meaningful and regular contact between probation
there is considerable variability in the training, skills, motivation,
and workloads of individual
D
probation officers. Some probation officers are well trained, highly skilled, and motivated, and
D
work with small caseloads. Others have received relatively little training, lack motivation, and
E having regular contact with each
have large caseloads, which of course prevents them from
4
officers available for working
of their clients. In order to determine the number of probation
L
with (or for) juvenile courts, some states use population formulas. In other states, the deterL
mination of the number of available probation officers is made locally and may be based on
the level of community resources and various political, factors.5
Not only do probation officers differ in terms of their ability and willingness to supervise
or work with clients, but communities also vary in the number and quality of services available
T
for use by probation officers and probationers. Some communities
have a range of high-quality
I education programs, day treatment
programs appropriate for probationers, such as alternative
programs, educational support services, job training andFplacement programs, substance abuse
treatment programs, counseling services, and structured recreational programs. Unfortunately,
F a few high-quality programs that are
many other communities lack such programs or have only
A
accessible to court-involved youths. The availability of high-quality
programs in a community
is important to probation officers, because they often serve
N as service brokers who attempt to
link clients with appropriate community services and thereby reduce the likelihood of further
Y
law-violating behavior. Juvenile courts and other governmental
units responsible for funding
or administering probation departments also vary in their support of probation services. Some
probation departments receive considerably more resource
1 support than others. For example,
probation departments vary considerably with respect to the number of probation staff, the
number and types of support staff, staff training, pay 5
and benefits, and effective supervision
and administration of the department.
6
Although the actual practice of probation varies, 8
probation officers usually perform six
important functions in the juvenile justice process: (1) they do intake screening; (2) they
T offenders and monitor the extent to
conduct presentence investigations; (3) they supervise
which youths adhere to their probation orders; (4) they
S provide assistance to youths placed
on probation; (5) they provide ongoing assessments of clients’ needs; and (6) they complete
a variety of job-related administrative tasks. In some jurisdictions, all of these functions are
the responsibility of the same individual, whereas in other jurisdictions, probation officers
specialize in one or more.
file drawer
p robation
A form of probation
where probation
officers (POs) have
large caseloads that
limit interaction
with clients and
where POs spend
most of their time
in their offices, in
court, and preparing
reports and other
documents for legal
proceedings.
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Community-Based Correctional Programs for Juvenile Offenders
FY I The Level of Probation Supervision Varies Across Jurisdictions
and Clients
Many probation officers develop their own levels of probation supervision for their caseload or their own system for prioritizing their cases, based on their assessment of need and the time they have available for the
various tasks they are required to perform. For example, at any one time, some cases on a probation officer’s
caseload will be in crisis (e.g., because of a family fight, the suspension of a youth from school, or because
the youth lost his or her job) and will require considerable expenditure of time and energy on the part of the
officer. In contrast, other cases will be relatively trouble free and close to discharge from probation. As a result,
the probation officer will have considerably more contact with some probationers than with others. Moreover,
because probation officers are responsible for preparing reports for the court and attending court hearings,
the number of these events will affect the time POs have to meet with clients.
L
I
D
Myth vs Real ity Probation Can Mean Regular Supervision and
D
Provision of Services
Myth—Most juvenile probation officers haveE
large caseloads that prevent them from effectively monitoring
their clients, thus endangering public safety.L
Reality—Although some juvenile probation officers have caseloads of more than 200 clients, the average
L
juvenile probation caseload is about 41 active cases (11 more than the optimal caseload of 30 suggested by
6
probation officers themselves). Moreover, most
, youths placed on probation are nonviolent offenders. Only 25%
of the adjudicated cases that were placed on probation in 2007 involved person offenses.7
T
presentence
i nvestigation
An investigation that
is typically completed by a probation officer prior to
the disposition; it
is intended to assist
the hearing officer
in deciding the best
response to an adjudicated youth.
As noted previously, intake screeningI involves making decisions about the most appropriate
ways of processing cases referred to the juvenile court. It is at the intake stage that decisions
to dismiss, petition, or handle a case inFsome nonformal way are made. Moreover, those who
F
perform intake screening may employ considerable
discretion in making intake decisions. In
plays
a
critical role in juvenile court dispositions
addition to this, the presentence investigation
A
because hearing officers rely on these investigations to decide upon the most appropriate way
N
of handling formal cases.
The supervision and assistance rolesYof probation officers involve monitoring probationers
to ensure that they are complying with the rules of probation and providing various types of
help to them. The supervision role requires checking to ensure that probationers are at school,
1 times or monitoring youths assigned to electronic
work, home, or other places at designated
or officer-monitored house arrest programs.
It may also require collecting urine samples
5
from youths to enable screening for substance
use.
The assistance role may encompass service
6
brokerage and the provision of direct services to clients. When acting as a service broker, the
8 and possibly families with community agencies. The
probation officer attempts to link youths
officer might also provide direct services,
T such as basic counseling, job search assistance, basic
family counseling, and crisis intervention services, as well as act as an advocate for youths
S
in dealings with parents or other relatives, teachers, school administrators, employers, and
social service personnel. In cases where probation officers have an opportunity to have regular contacts with clients, they are in a position to better understand problems that may have
contributed to the youths’ involvement with the court. They can also conduct investigations
into the youths’ and families’ needs. Such investigations may uncover problems that were
passed over or have arisen since the presentence investigation. By becoming aware of current
problems, the probation officer will be in a better position to recommend or develop, possibly
with the court’s assistance, strategies for helping youths successfully complete probation and
avoid subsequent delinquent activity.
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At-Home Community-Based Programs for Juvenile Offenders
Because probation officers work for and with governmental agencies with significant legal
responsibilities, probation officers also engage in a variety of job-related administrative tasks
such as filing orders and paperwork related to the processing of cases and preparing reports of
casework activity. Furthermore, probation officers may be employed in specialized programs
operated by or on behalf of courts. For example, juvenile courts or other government agencies
may have a variety of programs, such as diversion and foster care programs, and also operate
their own shelter-care units, group homes, and detention centers. Probation officers may be
used to staff these programs or may be responsible for providing basic casework services to
youths in these programs.
In performing their various duties, probation officers may experience conflict between their
supervision and assistance roles (sometimes referred to as their “law enforcement” and “social
work” roles).8 One the one hand, as social control agents, probation officers have a responsibilL
ity to protect the community and to make sure that their clients follow the rules of probation.
I may be sworn officers of the court
This is their law enforcement role. Indeed, probation officers
and may possess the same arrest powers with respect toD
juveniles as any other law enforcement
officer. On the other hand, they may be expected to work closely with other agencies and with
D
parents in assisting their clients. Moreover, they are expected to work closely with the youths on
E
their caseload in order to help them make appropriate choices
and avoid further law-violating
behavior. This is their social work role. Their law enforcement
and social work roles are not
L
always compatible,9 and individual officers may deal with the role conflict by emphasizing one
L
role over another or by attempting to balance the roles,10 often emphasizing different roles
, many probation officers, regardless
with different probationers. However, large caseloads cause
of their own beliefs about their roles, to operate in a crisis intervention mode. When clients’
problems come to their attention, they attempt to react to these crises as best they can, but
T
they may have very little time left over to spend in providing
proactive assistance to clients.
I
F YI Probation Officers Perform a Number ofFFunctions
F
By the mid-1990s, there were an estimated 18,000 juvenile probation officers in the United States. Approximately
85% of these individuals were line staff involved in providing A
basic intake, investigation, and supervision
services; the remaining 15% were involved in the administration
N of probation offices or the supervision of
probation staff.11
Y
1
5
Although probation involves doing intake screening, conducting presentence investigations, supervising cases,
6
providing assistance to clients, conducting ongoing evaluations of clients’ needs, and completing routine
8 officers spend on the different tasks varjob-related administrative tasks, the amount of time that probation
ies considerably. In some jurisdictions, probation officers spendT
a majority of their time dealing directly with
clients or making client-related contacts designed to assist youths on probation. In other jurisdictions, much
S administrative tasks.
of their time is spent preparing court reports and engaging in other
F YI There Is Considerable Variability in Probation Practice
The Organization of Juvenile Probation
The organization and administration of juvenile probation varies from state to state. The
most common model is for probation to be part of a state executive agency. This model is
used in 12 states (Alaska, Delaware, Florida, Kentucky, Maine, Maryland, New Hampshire,
New Mexico, North Carolina, Rhode Island, South Carolina, and Vermont). Also, state executive agencies are involved in some way in the administration of probation in 11 other states
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chapter 11
Community-Based Correctional Programs for Juvenile Offenders
(Georgia, Louisiana, Michigan, Minnesota, Mississippi, North Dakota, Oklahoma, Oregon,
Tennessee, Virginia, and Wyoming). In those states where a state executive agency has all or
some responsibility for administering probation, the most common type of state executive
agency used to administer probation is a juvenile corrections agency, such as a state Department
of Juvenile Justice. In other states, the executive agency responsible for probation, at least in
part, is a state child protection agency, human services agency, or an adult corrections agency.12
In addition to the state executive agency model of juvenile probation administration,
other states employ a local judicial model in which juvenile probation is placed under local
juvenile courts. This is the model employed in nine states (Arizona, Arkansas, Colorado,
Idaho, Illinois, Indiana, Kansas, Pennsylvania, and Texas). Also, in 15 other states (Alabama,
California, Georgia, Louisiana, Michigan, Minnesota, Mississippi, Nevada, Ohio, Oklahoma,
Tennessee, Virginia, Washington, Wisconsin, and Wyoming), probation is administered by
L
local juvenile courts in some parts of the state, such as urban areas.13
In other states, a state-level judicialImodel is used to administer probation. In this model,
a state-level judicial agency, such as a D
State Court Administrator…
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