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INTERMEDIATE SANCTIONS by
Michael Tonry and
Richard Will
,.
Permission to re:::~oduce this material
has ceen granted Sy MI 'd.~L1P..t)fY
to the i'.!at:0r13i ;r,st;r;.;f,= of Corrections Infnn'1'l~;-:::" Ca?~ter. Further reproduction muy requi,c permi5sion of CoPyright holder.
This manuscript is not to be reproduced, quoted, cited. or distributed without the writers~ prio~ ~erm~~sio~
?
PIOPIITY o.
Nle Information Center
RECEIVED JUN 2 2 1990
Table of Contents
Chapter 1: Introduction
1
I. The Roles of Intermediate Sanctions
5
II. Why Intermediate Sanctions?
10
A. Prison and Jail Crowding
10
B. Cost Savings
11
C. Professionalization of Correctional Personnel
12
D. Structuring Sentencing
13
E. Normative Developments
15
Chapter 2: Evaluation of Intermediate Sanctions: Problems
and Pitfalls
27
I. Measuring the Effectiveness of Intermediate Sanctions
30
A. Purposes of Punishment
30
B. Diversion and' Net Widening
33
C. Recidivism
35
D. Cost Savings
38
II. Evaluating Intermediate Sanctions
41
Chapter 3: Intensive Supervision Probation
49
I. Purpose and Practice
50
A. Control
52
B. Rehabilitation
53
II. Programs
54
A. Georgia
55
B. New Jersey
64
C. Massachusetts
70
III. Conclusions
75
Chapter 4: House Arrest
85
I. A Sampling of House Arrest Program Diversity
89
A. Florida's Community Control House Arrest Program
89
B. Oklahoma's "'Back Door" House Arras t
96
C. Home Incarceration in Kenton County, Kentucky
98
D. In-House Arrest Wor.k Release in Palm Beach County,
Florida
102
II. To Confine or Not to Confine Outside of Inst.itutions
105
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Table of Contents (Cont'd)
Chapter 5: Electronic Monitoring
111
I. Technology
115
II. Who Gets Monitored?
120
III. Costs
123
IV. Legal Issues
126
A. Searches and Seizures
127
B. Self-incriminating Testimony
128
C. Cruel and Unusual Punishment
128
D. Equal Protection
129
V. Conclusion
129
Chapter 6: Community Service Orders
136
I. Community Service in New York City: The Vera Institute
Experiment
138
II. Variations Among Community Service Programs
142
A. Types of Offenders Served
143
B. Kinds of Unpaid Labor Performed on CSOs
145
C. CSO Sentence Length
145
D. Failure Rates and Program Successes
148
E. Program Costs and Bellefits
150
F. Conclusions
151
III. Punishment Philosophy and the CSO
151
Chapter 7: Financial Sanctions
157
I. Fines
158
A. Research on Fines
162
B. The Day Fine
".
167
II. Other Financial Orders: Fees and Restitution
170
A. Restitution
171
B. Fees for Services
172
Chapter 8:. Intermediate Sanctions in Perspec'tive
180
Chapter 1: Introduction
Until recently in many American jurisdictions, especially in urban areas, judges imposing sentences for any but the most trivial of crimes have had to choose between "doing something," imprisonment, and "doing nothing," probation.
Please don't misunderstand us. We don't mean to disparage probation officers, probation departments, or judges who sentence offenders to probation. The view of probation as "doing nothing" is overstated and oversimplified. There are thousands of conscientious probation officers, too often overworked and underpaid, and there are many well-run probation programs in which probation supervision is meaningful and probation conditions are enforced. However, there are also many probation offices in which case loads are enormous and budgets are inadequate and in which supervision is not meaningful and conditions are not enforced.
Rightly or wrongly, the general public and many public officials often consider a sentence to probation to be a slap on the wrist. Kevin Burke, the District Attorney in Essex County,' Massachusetts, for example, expresses this view when he observes that probation has become "just something you slap on people when you don't know what else to do
--:
with them. We waste a lot of resources on probation, which means absolutely nothing in most places" (Prosecuting Attorneys' Research Council 1988, p. 3).
Prison and jail crowding has focused policymakers' attention on the need to develop punishments that fall between probation and incarceration. These include intensive supervision probation, financial
1
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penalties. house arrest, intermittent confinement, "shock" probation and incarceration, community service, electronic monitoring, and use of treatment conditions. These puni~hments, commonly known as "intermediate punishments" or "mid-level punishments" or "intermediate sanctions," are beginning to fill the gap that is widely perceived to exist between probation and prison.
Much of the current interest in intermediate sanctions arises from political and economic pressures .to devise credible punishments that can be imposed on convicted offenders for whose imprisonment the state would rather not pay. Policymakers are caught between the perceptions that the public wants criminals to be punished for their crimes but, contrariwise, does not want to pay for construction and operation of greatly increased prison capacity .
This monograph provides an overview of newly developed or expanded "intermediate sanctions" programs, describes some of the best known and most emulated programs, and presents and critically comments on the findings of evaluations of new programs. We have tried to pull together the published evaluation literature, together with such unpublished reports and agency self-evaluations as we were able to identify and obtain, and to assess critically what can be gleaned from those sources of knowledge. No doubt there exist worthy well-managed new programs of which we are unaware, either because they have not been evaluated or because the evaluations have not been published or otherwise been widely distributed.
Besides this introduction, this monograph consists of seven chapters. Chapter 2 discusses practical and conceptual problems that confront efforts to evaluate the effects of new intermediate sanctions.
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