Determining Conditions of Probation
CJA/234
June 18, 2009

ABSTRACT Conditions of parole and probation have contributing factors that affect an offender’s post-prison life. The background of the offender is very important when determining conditions of probation and parole. The history of offenses committed by the offender is extremely important. Conditions of parole and probation consist of drug/alcohol treatment, psychiatric evaluation/treatment, anger management treatment, family counseling, job training, housing assistance, and intensive supervision. The conditions recommended help the offender turn his or her life around permanently. In some cases that does not happen when the desire of the offender does not exist.

Determining Conditions of Probation Stanley Gravas is married with two children. He recently lost his third child in an accident. The loss of his child sent his family in chaos. Stanley admitted he was a social drinker but when his child died, he started drinking more. Neither he nor his family has dealt with their grief. This is the second DWI. Looking at his case I decided to give Stanley a few conditions in his probation that will not only help him but his family as well. Stanley must attend drug and alcohol treatment which includes attending meetings regularly. He and his family will also attend family counseling to help them with the grief and the damage that Stanley’s drinking has done to all of them. After 90 days he has been sober for 60 days. He is the model probationer and attends the meeting regularly. Stanley and his family are attending counseling and it is going well. Stanley admitted his second DWI woke him up about his problem with alcohol and also what was happening to him and his family due to him being unable to get past the grief. Gary came from a big family. He was a high school dropout, single, no kids, and never married. Gary had a job, but abused drugs and alcohol and suffered from mental illness. Gary also dealt with anger management issues after having many bouts of angry outbursts. Just think about his background, Gary may have felt lost in the household since there were four other siblings. I don't remember if it stated if Gary was the oldest, youngest, or middle child. Nevertheless, Gary was not getting any attention and in my opinion, he started drinking and abusing drugs. I was led to believe that his parent (s) were not attentive given that he dropped out of high school. I recommended drug/alcohol treatment, psychiatric treatment, anger management treatment, and intensive supervision. All of my recommendations were good, but Gary continued on a downward spiral. This is not Kenneth’s first arrest rodeo for a control substance. This is his second arrest with a controlled substance. He also tested positive for marijuana, methamphetamine and cocaine when he was arrested this time; therefore, I am sending him to a drug and alcohol treatment program. Kenneth is currently unemployed and needs to attend job training and employment assistance. He is currently living out of his car so he also needs housing assistance as well.
Kenneth is doing great and has been making good progress in the last sixty days. He has been attending regular NA meetings and has been clean on all his random drug tests so far. Right now he is doing fabulous. Let’s hope he stays on the high road.
Case File #1: Stanley Gravas Most of the team chose the exact same conditions for Stanley Gravas in case one. However, one team member chose psychiatric treatment which really did not fit well with Stanley since he was more depressed than psychotic. All of the team members agreed that Stanley suffered a tremendous loss and that having to bury your child six feet under the ground is one of the most traumatic experiences anyone has to go through. If one does not seek grief counseling after their loss their life can easily spiral out of control, which sounds like what happened to Stanley. Losing a son or daughter does not give someone an excuse to drink and drive. We all decided to send Stanley to drug and alcohol treatment since this is his second DWI in the last three years. He has an obvious drinking problem that needs to be addressed and handled accordingly. We also decided to add family counseling into his treatment plan. This way he can deal with his grief through counseling and get the help that he needs to help him heal through this incredible loss. Stanley is doing unbelievably outstanding. He has been attending regular AA meetings and family counseling with his wife and children. He has been sober for more than sixty days.
Case File #2: Gary Harrison All of the team members agreed on the parole conditions for Gary Harrison in case two. Gary has a history of drug and alcohol abuse. He has been attending AA meeting within the prison but he does mention that it will be difficult to stay sober outside of prison; therefore, we sent Gary to drug and alcohol treatment outside of the prison walls when he is released. Gary was mentally and physically abused by his father growing up which has aided in his anger issues. Gary needs to attend anger management counseling regularly in order to get his anger under control. Especially because this is his third assault charge. Gary needs intensive supervision because he is considered a high risk offender due to his arrest record. Due to Gary’s bipolar disorder and because his current psychiatric medications are not working he needs to have a psychiatric evaluation as well some continuous psychiatric treatment. Gary is not doing well and is not keeping up on his end of the bargain. Gary is not taking his psychotic meds and has skipped several anger management and AA meetings. Harrison recently assaulted his brother. It looks like Gary has violated his parole and will be going back to prison.
Case File #3: Kenneth Stanfield The entire team picked the same conditions for Kenneth Stanfield in case number three. The team agreed that this is not Kenneth’s first arrest rodeo for a control substance. This is his second arrest with a controlled substance. He also tested positive for marijuana, methamphetamine and cocaine when he was arrested this time; therefore, we sent him to a drug and alcohol treatment program. Kenneth is currently unemployed and needs to attend job training and employment assistance. He is currently living out of his car so he also needs housing assistance as well. Kenneth is doing great and has been making good progress in the last sixty days. He has been attending regular NA meetings and has been clean on all his random drug tests so far. Right now he is doing fabulous. Let’s hope he stays on the high road. The changes the team would consider regarding Gary Harrison in Case #2 is that he should have been placed under the supervision of a halfway house that was skilled to handle special needs offenders recently released. Mr. Harrison made the probation department aware of his struggle with drugs and other substance abuse issues and that he feared relapsing once released. The goal of the Department of Probations is to try and successfully stop recidivism. However, as much as we recommend for released offenders there will always be some that will not be able to fully take advantage of the tools provided to rehabilitate them from their old habits and lifestyles. As with Mr. Harrison he was not able to fully recover and later fled from his current location.
The recommendations suggested for all three cases concerning the conditions of these clients probation were included. In case number two regarding Gary Harrison he was a prime example of how some released offenders are not able to be rehabilitated. None rehabilitation is not because of the lack of treatment or services offered by the department of Parole/Probations but perhaps the lack of cooperation of the offenders.

Conclusion Crimes happen every day. Offenders are sent to prison for punishment, and in hopes of rehabilitation. Prison overcrowding allows many offenders to leave prison early. Conditions affecting probation or parole are contingent upon the offenders past offenses, upbringing, and desire to turn his or her life around. Determining conditions help the offender with mental health illnesses, drug abuse, alcohol abuse, homelessness, job training, and anger management after he or she leaves prison. In the probation officer's mind, the primary factor that sets one defendant apart from another is prior criminality. Concerns for rehabilitation diminish sharply when the defendant has committed crimes before, since the recidivist's actions indicate a choice in favor of criminal lifestyle (Campbell, 1990, p. 1). These determining conditions are programs that the offender is required take part of to help with his or her post-prison issues. Many of the offenders successfully treated well, whereas other offenders continued his or her downward spiral. If there is no desire within oneself to do better, determining conditions of probation or parole will be irrelevant.

References
Campbell, C. (1990). The influence of probation recommendations on sentencing decisions and their predictive accuracy. Federal Probation, 54(4), 13.
Leifker, D., & Sample, L. L. (2011). Probation Recommendations and Sentences Received: The Association Between the Two and the Factors That Affect Recommendations. Criminal Justice Policy Review, 22(4), 494-517. doi:10.1177/0887403411388405
Rosecrance, J. (1985). The Probation Officers' Search for Credibility: Ball Park Recommendation. Crime & Delinquency, 31(4), 539.
Seiter, Richard P., (2011). Corrections: An Introduction (3rd. Ed.).Pearson Education Inc.

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