New probation essay (3)

and electric monitoring. There are other measures implemented such curfews, monitoring via telephone, and urinalysis (Weinrath et al., 2015). However, Weinrath (n.d.) says that there are not enough studies to support its efficacy, but there are speculations that it may help in lessening the burden of prisons when targeted towards serious offenses given if it will implement stronger treatment. Electronic Monitoring uses technology to properly monitor a person in house arrest. This can be in the form of using cameras and wearable devices to track the offender’s location. Not only does this take advantage of the present technology, it also becomes an efficient and less costly program that both the offender and the probation officer can adapt to. (Bonta et al., 2022). Drug treatment courts or DTCs, as the name suggest, specializes in cases where the offender suffers from substance abuse. The court is also active in creating a treatment program for the offender and to track his/her progress throughout the program (Government of Canada, 2023). Often, attending these community-based treatments will also serve as their probation. The objective of DTCs is to address substance abuse by treating those who are suffering from it and preventing other cases from happening. Lastly, community supervision requires probation officers to watch over the offenders. This may interlap in other categories such as conditional sentencing, and would require the cooperation of offender and the officer. Community supervision needs to be a balance between treatment and enforcement. The officer must ensure that the offender complies to the conditions and attends the treatment sessions as well. They must also closely monitor the offender’s peers and thinking patterns, as this will indicate whether the offender will likely re-offend or not. (Section 4: Trends in Probation Usage) According to Reid & Cole (2023), probation in the past 30 years have declined. The proponents analyzed this by looking at the volume of court cases and the proportion of those sentenced guilty.

(Section 7: Roles of Probation officers) Among the facets of this system, the probation officers are one of the important. Probation officers have a multitude of roles that play into the well- being of the offender. Primarily, they assess clients including their needs and the risk they pose. Based on this information, they craft an individualized case managements system and program to help guide the offender. They then act on this management system and supervise the offenders. According to Griffiths & Murdoch (2018), probation officers have dual roles: they provide assistance and support and at the same time, they enforce the conditions that the probation orders. Probation officers follow a fixed process when it comes to assessing an offender. The first one involves classifying and assessing the offender. The officer identifies the needs of the offender, which will help them live a more stable and law-abiding lives and reduce the risk of offending again (Weinrath, n.d.). Their cultures and environment are taken into account in this step. The officer then makes a pre-sentence report for the sentencing judge based on the assessment done prior. This includes the background information of the offender, socio-biographical information, history, risk assessments, and victim impact. After that, the supervision function comes into play. The officer conducts initial interviews, individual supervision, motivational interviewing, group counselling, and other programs which may help the offender (Griffiths & Murdoch, 2018). Afterwards, the officer creates a case management plan to help reduce the offender’s risk of reoffending. This may include setting topics for counselling sessions, assigning programs referrals for specific problems such as anger management classes, community work or service, contact with the offender’s family and friends, and greater supervision (Weinrath, n.d.). This is the standard process followed the probation officers.

The graph above is based on the study of Bosker (2013) analyzing how probation interventions match with the criminogenic needs of the offender. Based on the data, there is quite a good match between dynamic criminogenic needs such as cognitive skills, emotional well-being, attitude, and addiction. However, when it comes to needs such as friends, finance, accommodation, and education or work, there is little to no match. This is indicative that not all of the needs of the offender are met in probation intervention, supporting the fact that it may be a matter of control instead of individual needs. Probation is also shifting from being a rehabilitative program to enforcement, such as the introduction of ISPs. It asserts more control than it needs to. Lastly, scholars point out that probation sounds good in theory, yet in practice it sounds as if the government is trying to control the offenders. They pointed out that it is a mere continuation of the failed correction procedures with no firm evidence of its efficacy. (Section 9: Community Corrections Alternatives) Aside from probations, there are also alternatives that can be imposed – primarily conditional sentence, electronic monitoring, and drug treatment courts. A conditional sentence is also called a house arrest because the offender is sentenced with imprisonment but will not serve the sentence in jail. This can be administered if the sentence does not exceed two years, the offense is not grave, and the sentence would not be a threat to the

Newfoundland Nova Sc otia Quebec Ontario Saskatchewan Albe rta Bri tish Columbia 0 10 20 30 40 50 60 70 80 Number of Youth Probation cases 1 to 3 4 to 6 7 to 12 13 to 24 The graph is a comparison between youth probation cases from seven provinces: Newfoundland, Nova Scotia, Quebec, Ontario, Saskatchewan, Alberta, and British Columbia (Government of Canada, 2021). The varying colors of the bar graph indicate the number of months that the offenders would have to comply with 7 to 12 months being the highest month range. The fata is more or less comparable to each province. The data also suggest that there are no significant regional differences when it comes to administering youth probation. However, there is an understanding that the range of probation in the month is also dependent on the needs of the individual. Furthermore, the report from Malakieh (2018) stated that time spent under probation from the years 2017 onwards have been shorter for these provinces. Majority of young offenders were released from pre-trial detentions. The rate of young people serving under probation have also declined in these provinces, which is likely attributed with lesser police-data. (Section 11: The ineffectiveness of Intensive Supervision in Probation) While it is recognized that there are programs in probation that are beneficial, there are still aspects that needs to be carefully reviewed. One of these programs that scholars point out is the ineffectiveness of Intensive Supervision in Probation (ISP).

The pie chart illustrates the effect of such tight supervision, which results to higher technical violations and failure. It is observed that the largest portion of the chart is attributed to technical breach (37.4%) compared to the other attributes when an offender is reinstated in the program. This suggest that there are likely more number of offenders who fail the program and are reinstated compared to others who are newly convicted. The rate of offenders returning to the program due to failure to complete it. This is supported by the study of Grattet & Lin (2014) about higher supervision of parole in California and the increased risk of violations. The study determined five types of violations that result from high supervision: sexual offenses, absconding, violent offenses, technical violations, and drug use.

Once again, the graph illustrates how offenders that are handled by officers who go through the STICS training model have a higher survival length than those who do not. Therefore, training officers to better adhere to the principles will also help increase the effectivity of the program. One of the way probation can be enhanced is through the use of training. Haqanee et al. (2015) stresses the importance of focusing on criminogenic needs and the factors that dictate the responsivity of the offender to the program. These would dictate higher chances of success, rather than merely using prediction tools with low evidence. These criminogenic needs include addressing substance use, parental involvement, targeted education, mental health, transportation, and housing. These are factors which can help steer the offender – especially the youth – back to a lawful life. This is supported by the study of Ingel et al. (2023), which emphasized the role that parents play in contingency management and addressing the criminogenic needs of the offender. The study’s results indicate that family and parental

The graph illustrates the difference of probation rates per 100,000 people in the country, and there is a staggering amount from Canada’s 377 to Norway’s 39.3. Porporino (2018) attributed some of these changes to the ways which countries adapt probation. The countries with a higher rate are more likely exerting control rather than prioritizing support and social services for people under probation. Perhaps this one of the lessons that can be learned from more successful countries. (Section 14: Challenges in Canada’s Probation System) To make Canada’s probation system better, it is imperative to address the challenges that go along with the current system.

The first issue is the overload of cases that probation officers are burdened with. Based on the graph above, the years 2016 to 2018 roughly have 100,000 cases. These cases gradually decrease, but the smaller number of cases for 2021 is roughly around 50,000 cases. According to the Correctional Service Canada (CSC) statistics (2017), there are approximately 18,000 workers at CSC, and not all of these workers are probation officers. Some are nurses, parole officers, and psychology staff. This would give an idea that the number of cases and the number of workers is not proportional. Furthermore, a study by Fox et al. (2022) suggested that lower case loads tend to have a better and positive impact, with the risk of re-offending being lowered. Lower caseloads allow probation officers to offer better quality supervision and services, which is compromised by the higher caseload. On the other hand, high caseloads also cause stress toward probation officers.

In a study by Gladfelter & Haggis (2022), the JD-R model pictures above was applied to probation officers in Canada to analyze their level of burnout. The results indicate that there is a correlation between job demands and resources to engagement and burnout, which also leads to health issues and intentions to quit. Higher caseloads not only compromise the service that probation officers can give; it also affects their mental health negatively. The burnout experienced by probation officers is attributed to the inconsistent probationer compliance as well. Probation officers differ in their methods of implementing conditions and maintaining supervision on an offender. Due to burnout, they may also compromise the quality of the service they offer, which leads to further inconsistencies

Funding is also one of the problems in Canada’s probation system. According to Howard (2018), the average cost for community supervision per person per year costs $18,000. A study by White (2017) showed that these funds vary between external based and court based. However, the study also mentioned that not the entire portion of the funds go to the intended recipients. Only 25% of youth on probation received treatment, and this indicates underservice for young people. The study also observed racial disparities when it comes to receiving treatments. The inadequate and inefficient funding not only robs the offenders of the treatment programs, but it may also push the officers to struggle adhering to the system. For an instance, an offender needs a certain treatment but due to lack of resources, the treatment is not made available to the offender. This may lead to recidivism and the failure to address the needs of the offender. Lastly, technological integration has also posed challenges when it comes to adaptation and privacy. According to Willoughby & Nellis (2016) upon analyzing the electronic monitoring system of Winnipeg, the officers see it as both bane and boon. Using technology has allowed them to efficiently monitor the offenders, and at a less costly manner as well. However, they are concerned that technology might be taking over their jobs and would not be seen as workers anymore due to the sheer amount of technology. It also poses a privacy and security issues, because the cameras allow the officers to view offenders remotely. It elicits a feeling of being watched all the

time, which can cause feelings of uneasiness and anxiety toward the offender. The officer, in turn, may also feel like the viewing may be an act of invading privacy (Willoughby & Nellis, 2016). In order to address this, there must be clear guidelines on which constitutes an invasion of privacy when it comes to electronic monitoring. References: Alberta Court of Canada (2015). Probation Orders . Retrieved from: https://albertacourts.ca/docs/default-source/pc/probation-orders--- standard-wording-of-conditions.pdf?sfvrsn=21eed280_7 Bonta, J., Bourgon, G., Rugge, T., Gress, C., Gutierrez, L. (2013). Taking the leap: From pilot project to wide-scale implementation of the strategic training initiative in community supervision (STICS). Justice Research and Policy , 15( 1 ). DOI: 10.3818/JRP.15.1.2013.17 Bonta, J., Bourgon, G., Rugge, T., Pedneault, C. I., Lee, S. C. (2021). A system- wide implementation and evaluation of the Strategic Training Initiative in Community Supervision (STICS). Journal of Criminal Justice¸ 74. https://doi.org/10.1016/j.jcrimjus.2021.101816 Bonta, J., Wallace-Capretta, S., Rooney, J. (2022). Electronic Monitoring in Canada. Retrieved from: https://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/lctrnc-mntrng- cnd/index-en.aspx Bosker, J., Witteman, C., Hermanns, J. (2013). Do intervention plans meet criteria for effective practice to reduce recidivism? How probation officers forget about social capital and basic needs. European Journal of Probation, 5( 1 ), 65 – 85. Retrieved from: https://www.ejprob.ro/uploads_ro/784/5.pdf Correctional Service Canada (2017). CSC Statistics – Key facts and figures. Retrieved from: https://www.csc-scc.gc.ca/publications/005007-3024- en.shtml Davies, J., Pitt, C., O’Meara, A. (2019) Learning lessons from implementing enabling environments within prison and probation: Separating standards from process. International Journal of Offender Therapy and Comparative Criminology , 63( 2 ), 218-231. ps://doi.org/10.1177/0306624X18790713 Fox, C., Harrison, J., Hothersall, G., Smith, A. (2022). A rapid evidence assessment of the impact of probation caseloads on reducing recidivism and other probation outcomes. Probation Journal , 69( 2 ), 138-158. DOI: 10.1177/02645505211025595

Gladfelter, A. S. & Haggis, W. A. (2022). Burnout among probation officers: The importance of resilience. International Journal of Offender Therapy and Comparative Criminology, 1-17. https://doi.org/10.1177/0306624X221102835 Government of Canada. (2023). Drug treatment court funding program . Retrieved from: https://www.justice.gc.ca/eng/fund-fina/gov-gouv/dtc- ttt.html Griffiths, C. T. & Murdoch, D. J. (2018). Canadian Corrections: 5 th edition. Nelson Education Ltd. United States of America. Hamai, K. (1995). Probation round the world: A comparative study. Routledge. Haqanee, Z., Peterson-Badali, M., Skilling, T. (2015). Making “What Works” work: Examining probation officers’ experiences addressing the criminogenic needs of juvenile offenders. Journal of Offender Rehabilitation , 54( 1 ), 37 – 59. Retrieved Sept. 30, 2023 from: https://tspace.library.utoronto.ca/bitstream/1807/76877/1/Peterson- Badali%202014%20-%20Making%20%E2%80%98What%20Works %E2%80%99%20work.pdf Healy, P. (2022). The Punitive nature of the conditional sentence. Government of Canada . Retrieved from: https://www.justice.gc.ca/eng/rp-pr/csj-sjc/jsp-sjp/op00_3- po00_3/p1.html Howard, J. (2018). Financial facts on Canadian prisons. The John Howard Society of Canada . Retrieved from: https://johnhoward.ca/blog/financial-facts-canadian-prisons/ Hyatt, J. M., & Barnes, G. C. (2016). An Experimental Evaluation of the Impact of Intensive Supervision on the Recidivism of High-Risk Probationers. Crime & Delinquency , 63( 1 ), 3–38. doi:10.1177/0011128714555757 Ingel, S. N., Davis, L. R., Rudes, D. S., Taxman, F. S., Hartwell, T. N., Drazdowski, T. K., McCart, M. R., Chapman, J. E., Sheidow, A. J. (2023). Juvenile Probation officer perceptions of parental involvement in juvenile probation and with contingency management. Criminal Justice and Behavior, 50( 1 ), 40-55. DOI: 10.1177/00938548221106468 Izadi, M. (2021). Absolute and Conditional Discharges in Canada. Retrieved from: https://heinonline.org/HOL/LandingPage? handle=hein.journals/lanow46&div=11&id=&page= Legal Aid Ontario. (2023). Conditional sentence (“house arrest”) . Retrieved from: https://www.legalaid.on.ca/faq/conditional-sentence-house- arrest/#:~:text=A%20conditional%20sentence%20is%20an,the %20sentence%20in%20their%20house

Malakieh, J (2018). Adults and youth correctional statistics in Canada, 2016/2017. Statistics Canada . Retrieved from: https://globcci.org/wp- content/uploads/2021/04/Adult-and-youth-correctional-statistics-in- Canada-2016_2017.pdf Porporino, F. J. (2018). Developments and challenges in probation practice: Is there a way forward for establishing effective and sustainable probation systems? Retrieved from: https://www.researchgate.net/profile/Frankj- Porporino/publication/324041604_Developments_and_challenges_in_p robation_practice_Is_there_a_way_forward_for_establishing_effective_ and_sustainable_probation_systems/links/5b2f8b93a6fdcc8506c7f9b0 /Developments-and-challenges-in-probation-practice-Is-there-a-way- forward-for-establishing-effective-and-sustainable-probation- systems.pdf Public Safety Canada (2023). 2021 Corrections and Conditional Release Statistical Overview . Retrieved from: https://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/ccrso-2021/index- en.aspx Reid, A. A & Cole, D. P. (2023). The Road Less Travelled: Probation trends in Canada over the past 30 years. Canadian Journal of Criminology and Criminal Justice, 65(2), 37-58. https://doi.org/10.3138/cjccj.2022-0035 Reid, A. A. & Cole, D. P. (2023). The road less travelled: probation trends in Canada over the past 30 years. Canadian Journal of Criminology and Criminal Justice , 65( 2 ), 37-58. DOI: 10.3138/cjccj.2022-0035 Statistics Canada. (2023). Average counts of adults in provincial and territorial correctional programs. https://doi.org/10.25318/3510015401-eng Todd-Kvam, J. (2022). Probation, practice, desistance and the penal field in Norway. Criminology & Criminal Justice , 23( 3 ), 349-366. https://doi.org/10.1177/1748895820953192 Weinrath, M. (n.d.). Probation and community sanctions. In: Adult Corrections in Canada, Second Edition . Weinrath, M., Doerksen, M., Watts, J., (2015). The impact of an intensive supervision program on high-risk offenders: Manitoba’s COHROU program. Canadian Journal of Criminology and Criminal Justice, 57(2), 253-288. https://doi.org/10.3138/CJCCJ.2014.E01 White, C. (2017). Treatment services in the juvenile justice system: Examining the use and funding of services by youth on probation. Youth violence and juvenile justice, 17( 1 ), 62-87. https://doi.org/10.1177/1541204017728997

Willoughby, A. & Nellis, M. (2016). “You Cannot Really Hide:” Experiences of probation officers and young offenders with GPS tracking in Winnipeg, Canada. Jouranl of Technology in Human Services, 34(1), 68-31. https://doi.org/10.1080/15228835.2016.1139919