NCJ Number
45879
Journal
International Journal of Offender Therapy and Comparative Criminology Volume: 20 Issue: 1 Dated: (1976) Pages: 33-40
Date Published
1976
Length
8 pages
Annotation
EMERGING TRENDS IN THE AREA OF PROBATION IN THE 1970'S INCLUDE EMPHASES ON DUE PROCESS AND PRIVACY RIGHTS, DIVERSION, PURCHASE OF SERVICES, PROFESSIONALIZATION, AND VOLUNTEER UTILIZATION.
Abstract
THE LAWS AND COURTS HAVE PLACED NEW EMPHASIS ON CIVIL LIBERTIES. DUE PROCESS RIGHTS, SUCH AS THE RIGHT TO BE INFORMED OF CHARGES, TO CONFRONT THE ACCUSER, AND TO SUMMON WITNESSES AND PREPARE A DEFENSE, HAVE BEEN EXTENDED TO WOMEN AND JUVENILES AND INTO CORRECTIONAL INSTITUTIONS. CLOSELY ALLIED TO DUE PROCESS IS THE EMPHASIS ON PRIVACY AND CONFIDENTIALITY WHICH IMPOSES A NUMBER OF FRUSTRATING RESTRICTIONS ON THE COMMUNICATIONS BETWEEN PROBATION OFFICERS AND REHABILITATIVE AGENCIES OUTSIDE THE CRIMINAL JUSTICE SYSTEM. BY CALLING FOR THE SEALING OF A NUMBER OF RECORDS, THIS EMPHASIS HAS ALSO ADDED TO THE ADMINISTRATIVE BURDEN OF RECORDKEEPING AND MAKES MEETING OF PUBLIC ACCOUNTABILITY STANDARDS MORE DIFFICULT. ENTHUSIASM FOR DEINSTITUTIONALIZATION AND COMMUNITY-BASED REHABILITATION PROGRAMS HAS BROUGHT ABOUT A NUMBER OF CHANGES THAT BEAR MORE DIRECTLY ON PROBATION POLICY. IN ADULT CORRECTIONS, THIS HAS MEANT AN INCREASE IN FURLOUGH AND WORK RELEASE PROGRAMS AND SMALL GROUP UNITS WHICH ARE DESIGNED TO FACILITATE INMATE TRANSITION FROM THE CORRECTIONAL FACILITY TO THE COMMUNITY. LACK OF PUBLIC ACCEPTANCE OF SUCH PROGRAMS HAS BEEN THE GREATEST OBSTACLE TO THEIR IMPLEMENTATION. A NUMBER OF DIVERSIONARY PROGRAMS ARE ALSO BEING ESTABLISHED. THESE INCLUDE PROGRAMS FOR DRUG OFFENDERS AND DRUNK DRIVERS WHICH SUBSTITUTE SATISFACTORY COMPLETION OF A TREATMENT PROGRAM FOR IMPRISONMENT OR FINE. PRETRIAL DIVERSION OF JUVENILE OFFENDERS HAS PERMITTED GREATER FLEXIBILITY IN THE HANDLING OF LARGE JUVENILE CASELOADS. HERE TOO THE EMPHASIS IS ON TREATMENT AND REHABILITATION SERVICES SUCH AS COUNSELING, SCHOOL PLACEMENT, JOB TRAINING, AND JOB PLACEMENT. WITH THE GREATER NEED FOR SERVICES ENTAILED BY THESE PROGRAMS, SERVICES HAVE BEEN CONTRACTED OUT, THUS MAKING USE OF AND ENCOURAGING THE DEVELOPMENT OF HIGHLY SPECIALIZED SERVICES IN THE PUBLIC SECTOR. VOLUNTEER RECRUITMENT AND UTILIZATION HAS ALSO BEEN GREATLY EXPANDED. COMTEMPORARY DIRECTIONS TOWARD PROFESSIONALIZATION HAVE LEAD TO THE ESTABLISHMENT OF UNIFORM ACCREDITATION STANDARDS AND GOALS IN MANY STATES AND TO AN INCREASED EMPHASIS ON INSERVICE TRAINING AND EDUCATION FOR PROBATION OFFICERS. PROGRAMS ILLUSTRATING EFFORTS TO PUT THESE TRENDS AND EMPHASES INTO PRACTICE IN MASSACHUSETTS ARE BRIEFLY DESCRIBED. (JAP)