Federal Probation
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Federal Probation Matching Drug-Involved Probationers to Appropriate Drug Interventions . .Gregory P. Falkin Shiela Strauss Timothy Bohen A Comprehensive Approach to Supervision in the Southern District of West Virginia . .Dave Hanson Perspectives on Parole: The Board Members’ Viewpoint . .Ronald Burns Patrick Kinkade Matthew C. Leone Scott Phillips Can Probation Be Revoked When Probationers Do Not Willfully Violate the Terms or Conditions of Probation? . Dane C. Miller Richard D. Sluder J. Dennis Laster Screening and Assessing Substance-Abusing Offenders: Quantity and Quality . .Robert A. Shearer Chris R. Carter Early Termination: Outdated Concept in an Era of Punitiveness . .Sam Torres Communication Between Probation Officers and Judges: An Innovative Model . .S. Scott MacDonald Cynthia Baroody-Hart The Strengths Perspective: A Paradigm for Correctional Counseling . .Katherine van Wormer Student Interns: Are They Worth the Bother? . Eric T. Assur M. Celia Goldberg Lucinda Ross American Criminal Justice Philosophy: What’s Old—What’s New? . Curtis R. Blakely Vic W. Bumphus “Up to Speed”—The Nexus Between Drugs and Crime: Theory, Research, and Practice . Arthur J. Lurigio James A. Swartz “Looking at the Law”—The Privilege Against . .David N. Adair, Jr. Self-Incrimination and Supervision JUNE 1999 ADVISORY COMMITTEE Federal Special Advisers: Russ Immarigeon Hillsdale, New York Richard A. Chappell Probation Merrill A. Smith Magdeline Jensen Members: United States Probation Office Tucson, Arizona Dan Richard Beto A JOURNAL OF Correctional Management Jolanta Juszkiewicz CORRECTIONAL Institute of Texas Pretrial Services Resource Huntsville, Texas Center PHILOSOPHY Washington, DC AND PRACTICE Honorable James G. Carr United States District Court Honorable David D. Noce Toledo, Ohio United States District Court St. Louis, Missouri Alvin W. Cohn Published by Administration of Justice Joan Petersilia Services, Inc. University of California, Irvine THE ADMINISTRATIVE Rockville, Maryland Irvine, California OFFICE OF THE Martin Rudenko UNITED STATES COURTS Ronald P. Corbett, Jr. Office of the Commissioner Bournemouth Probation Office Dorset, England Leonidas Ralph Mecham, of Probation Boston, Massachussetts Director Toby D. Slawsky United States Third Circuit Eunice R. Holt Jones, Chief Michael Goldsmith Philadelphia, Pennsylvania Federal Corrections and Brigham Young University Supervision Division Law School Richard D. Sluder Provo, Utah Central Missouri State University Federal Probation ISSN 0014- M. Kay Harris Warrensburg, Missouri 9128 is dedicated to informing its Temple University readers about current thought, Philadelphia, Pennsylvania research, and practice in corrections and criminal justice. The journal wel- John M. Hughes comes the contributions of persons Administrative Office of the who work with or study juvenile and U.S. Courts adult offenders and invites authors Washington, DC to submit articles describing experi- ence or significant findings regarding the prevention and control of delin- quency and crime. A style sheet is available from the editor. Federal Probation is published EDITORIAL STAFF semiannually in June and December. Permission to quote is granted on the condition that appro- Karen S. Henkel Federal Probation priate credit is given the author and Editor Administrative Office of the Federal Probation. For information U.S. Courts about reprinting articles, please con- Janice G. Barbour Washington, DC 20544 tact the editor. Editorial Secretary Subscriptions to Federal Proba- Telephone: (202) 502-1600 tion are available from the Super- Fax: (202) 502-1677 intendent of Documents at an annu- al rate of $6.50 ($8.15 foreign). Please see the subscription order form on the back inside cover of this Postmaster: issue for more information. Please send address changes to the editor at the address above. Federal Probation VOLUME LXIII JUNE 1999 NUMBER 1 This Issue in Brief Matching Drug-Involved Probationers to Appropri- CONTENTS ate Drug Interventions.—Some probation departments have established specialized drug supervision units; others Matching Drug-Involved Probationers use community-based drug treatment programs. Which is to Appropriate Drug Interventions . .Gregory P. Falkin the best for managing high-risk probationers with serious Shiela Strauss Timothy Bohen 3 drug problems? Authors Gregory P. Falkin, Shiela Strauss, and Timothy Bohen address the importance of matching A Comprehensive Approach to Supervision offenders with the right type of treatment and present find- in the Southern District of West Virginia . .Dave Hanson 9 ings from an evaluation of the New York City Department of Probation’s drug treatment initiative. Perspectives on Parole: The Board A Comprehensive Approach to Supervision in the Members’ Viewpoint . .Ronald Burns Southern District of West Virginia.—Author Dave Patrick Kinkade Matthew C. Leone Hanson tells how the probation staff in the Southern District Scott Phillips 16 of West Virginia developed a comprehensive approach to supervising offenders. The approach focused on five goals: Can Probation Be Revoked When reducing the percentage of unemployed offenders, reducing Probationers Do Not Willfully Violate the percentage of offenders receiving public assistance ben- the Terms or Conditions of Probation? . .Dane C. Miller efits, reducing violations filed with the court, increasing the Richard D. Sluder J. Dennis Laster 23 collection percentage of court-ordered financial obligations, and increasing the percentage of offenders with at least a Screening and Assessing Substance-Abusing GED diploma. How the staff designed a method to measure Offenders: Quantity and Quality . .Robert A. Shearer progress in each area is explained. Chris R. Carter 30 Perspectives on Parole: The Board Members’ View- point.—In deciding whether offenders are ready to return to Early Termination: Outdated Concept in society, parole board members play a crucial role in the crim- an Era of Punitiveness . .Sam Torres 35 inal justice process. Authors Ronald Burns, Patrick Kinkade, Communication Between Probation Officers Matthew C. Leone, and Scott Phillips describe research and Judges: An Innovative Model . .S. Scott MacDonald designed to help detail how and why parole is granted in indi- Cynthia Baroody-Hart 42 vidual parole cases across the United States. They report the results of a survey designed to determine parole board mem- The Strengths Perspective: A Paradigm bers’ points of view on the purpose of corrections, the prob- for Correctional Counseling . .Katherine van Wormer 51 lems facing parole boards, changes that might improve the parole board process, rationales to justify parole as an early Student Interns: Are They Worth the Bother? . .Eric T. Assur release mechanism, and more. M. Celia Goldberg Lucinda Ross 59 Can Probation Be Revoked When Probationers Do Not Willfully Violate the Terms or Conditions of American Criminal Justice Philosophy: Probation?—The foundations of American criminal law What’s Old—What’s New? . .Curtis R. Blakely suggest that, with rare exception, for an individual to be held Vic W. Bumphus 62 liable for a criminal act, there must be some form of culpa- Departments bility on the part of the individual. Yet, in the context of pro- Up to Speed . 67 bation revocation, it is less clear as to whether probation can Looking at the Law . 73 be revoked in instances in which the probationer has not Juvenile Focus . 79 willfully violated the terms or conditions of probation. Reviews of Professional Periodicals . 82 Your Bookshelf on Review . 85 Authors Dane C. Miller, Richard D. Sluder, and J. Dennis It Has Come to Our Attention . 88 1 Vol. 63, No. 1 2 FEDERAL PROBATION June 1999 Laster review recent cases in which courts have both per- vides and report on a study of communication between mitted and denied revocation in instances in which offenders judges and probation officers in Santa Cruz County in did not willfully violate probation. California. Screening and Assessing Substance-Abusing The Strengths Perspective: A Paradigm for Offenders: Quantity and Quality.—The sheer number Correctional Counseling.—At the heart of the strengths of offenders with substance abuse problems continues to be perspective is a belief in the basic goodness of humankind, a major concern for the criminal justice system. Screening a faith that individuals, however unfortunate their plight, and assessment is the beginning of the substance abuse can discover strengths in themselves that they never knew treatment process. Authors Robert A. Shearer and Chris R. existed. Author Katherine van Wormer introduces a Carter discuss the importance of proper screening and strengths framework as both a systematic model of behav- assessment in creating effective treatment plans and in ioral/attitudinal change and an integrated method of offend- using scarce treatment resources wisely. They address such er treatment. She offers a literature review, discusses the issues as using interviews versus self-reports, screening basic tenets of the strengths approach, describes the rele- instrument accuracy, screening offenders for psychopathy, vance of this approach to the corrections field, and high- and readiness screening. lights implications for professionals. Early Termination: Outdated Concept in an Era of Student Interns: Are They Worth the Bother?— Punitiveness.—Is the concept of terminating an offender’s Student interns can be a valuable resource for criminal jus- supervision early incompatible with the punitive philosophy tice