Alternative Sentencing Research Articles

Screening for STIs among criminal legal system involved youth of color in community settings

BackgroundSexually transmitted infections are a significant, and growing, public health problem in this country – particularly among youth. Innovative strategies are needed to reduce the community burden of infection. Preliminary studies indicate that individuals involved in the criminal legal system have high rates of infection. While gaps exist in providing screening for incarcerated individuals, there are minimal efforts that have been initiated to screen individuals diverted from incarceration. In this study, we examined the STI risk profile and feasibility of screening for sexually transmitted infections for youth who were attending an alternative sentencing program after arrest for a minor offense. Youth were screened for chlamydia and gonorrhea using urine-based nucleic acid amplification tests.ResultsOf the 307 participants engaged in a program providing supportive services for criminal legal system involved youth at the Brooklyn Court House in New York City, 186 agreed to screening for sexually transmitted infections, and 8% were positive for chlamydia, gonorrhea, or both.ConclusionsScreening programs within carceral settings have proven effective in identifying individuals with STIs. However, with policy changes diverting more young people away from incarceration and into community-based programs, innovative programs are needed to identify STIs among youth in these settings. Our findings indicate that it is feasible to conduct venue-based screening in these settings, and, doing so may identify youth in need of treatment and further evaluation.

Profile of men and women sentenced to community services: Risk factors and social vulnerability

This study explores profiles of individuals in community service, focussing on gender differences and women’s social vulnerability. Surveys from 503 participants undergoing community service via the Spanish Red Cross unveiled significant gender-related distinctions. Women faced more family responsibilities and lower incomes than men, with heightened economic challenges and engagement in informal work. Property ownership was less frequent among women, who also grappled with more outstanding mortgage payments and single parenthood. A larger share of women relied on institutional support and joined the Extreme Vulnerability Programme. These findings resonate with global research advocating holistic intervention for women offenders. However, this demands a broader array of community service tailored to women’s needs, especially concerning dependent children. Addressing core necessities such as housing, healthcare, and employment, along with enhancing self-worth and recognition, proves pivotal in deterring women from criminal behaviour. A gender-oriented approach to alternative sentencing can enhance effectiveness and compliance.

Aspects of Personnel Management of the Probation Service in Albania: Under the Perspective of the Tokyo Rules

The Probation Service is a crucial component of state organization and operation, as this institution\'s purpose is to oversee alternative sentencing, thereby ensuring the rehabilitation of individuals subject to such sanctions. For the successful realization of this goal—namely, the assistance in reintegration and resocialization of law offenders into the community through contemporary methods and tools of alternative punishments—the staff of the Probation Service must be qualified. This entails that the selected personnel not only possess the requisite professional training to handle supervised individuals but also continuously undergo various processes and techniques for motivation, professional development, and performance evaluation. Consequently, and due to the scant scientific research in this field in Albania and beyond, our aim is to highlight the most crucial element of such an institution—the personnel, specifically, the so-called probation service specialists (PSS).We have examined whether the management of PSS in Albania adheres to international standards, or the so-called Tokyo Rules, concerning personnel, starting from the selection process, motivation, performance evaluation, and professional development. To achieve this objective, firstly, it was determined whether the Albanian legal framework on the organization and functioning of the Probation Service specifies these international standards, or the Tokyo Rules, regarding personnel. Secondly, it was verified whether these international standards on personnel are applied in the management practices of PSS in Albania. Thirdly, it was ascertained that managing PSS according to international standards guarantees the effective execution of alternative sentences. In this manner, we have demonstrated the role and impact that well-managed personnel have on achieving the purpose and mission of the Probation Service, namely, the rehabilitation and reintegration of the supervised individual.This study, from the perspective of the Tokyo Rules, has first revealed that the legal framework in Albania for managing the personnel of the Probation Service adheres to international standards, or the so-called Tokyo Rules; secondly, that the management in practice of PSS does not occur according to this legal framework and international standards. Furthermore, it has been shown that the management in practice of PSS not according to international standards has not ensured the effective execution of alternative sentences. Thus, we have identified the direct impact that well-managed personnel have on realizing the goal and mission of the Probation Service, i.e., the supervision of alternative sentences and the rehabilitation/reintegration of the supervised person.

Technology Access and Perceptions of Telehealth Services Among Young Adults Involved in the Court System

PurposeThis study examined access to technology and telehealth among young adults (ages 18–24) who were court-involved and were recruited from an alternative sentencing program in New York City. MethodsUsing sequential mixed methods design, we examined demographic factors linked with access to technology and perceived usefulness of the Internet among n = 321 young adults who were court-involved (75% male, 65% African American, 35% Latinx). We then conducted in-depth interviews with 27 young adults to elicit first-person account of their access to, interest in, and experience with technology and telehealth. ResultsAlthough most participants had access to a phone with a data plan, a substantial proportion reported inconsistent access to the technology critical to telehealth. Certain young adults were more likely to lack consistent access to the technology needed for telehealth, including Black young adults, males, those with less than a high school diploma, those with a history of homelessness, and those who had difficulties paying for basic necessities. Qualitative interviews revealed that most had a strong self-efficacy using technology, while distrust of technology, inexperience with and skepticism of telehealth, low perceived need for care, and medical mistrust were common significant barriers in this underserved population. DiscussionFindings underscored the critical need to address medical mistrust and increase access to and utilization of care among young adults who are court-involved. Results can inform the development and implementation of interventions designed to improve accessibility and acceptability of telehealth.

Impact of Growth Mindset-Enhanced Trauma Education on Criminal Legal Professionals’ Attitudes and Perceptions

Addressing mass incarceration in the United States will require criminal legal professionals to shift away from carceral punishment and toward alternative approaches to justice. Education on the physiological, social, and behavioral impacts of traumatic events (i.e., trauma education), especially when enhanced with messaging about the malleability of behavior (i.e., growth mindset intervention), may help promote this shift. We assessed the impact of trauma education alone and enhanced with a growth mindset intervention on 344 U.S.-based criminal legal professionals’ attitudes about the criminal legal system and perceptions of trauma-informed judicial practice, and assessed whether profession type moderated intervention impact. Compared with trauma education alone, mindset-enhanced trauma education led to increased perceived appropriateness of considering trauma in judicial decision-making (main effect) and greater support of alternative sentencing for nonviolent crimes among lawyers and judges (moderation effect). Although effects were small, findings support the enhancement of trauma education with growth mindset interventions.

Readiness to change among justice-involved young adults in an alternative sentencing program who screened positive for alcohol or drug risk

IntroductionReadiness to change is a key component of substance use behavioral change; yet little is known about readiness to change among justice-involved young adults. This study 1) describes readiness to change alcohol and drug use and 2) examines predictors of readiness to change alcohol and drug use among justice-involved young adults. MethodJustice-involved young adults (18–24 years; n = 137) who were positive on a validated alcohol and/or drug screening tool completed an interview assessing substance use, readiness to change, and reasons to quit. A multivariable linear regression model examined whether reasons to change and substance use severity, and interactions between these, predicted readiness. ResultsMore than half of participants were contemplating or had decided to quit/cut down substance use. Personal reasons to quit were positively related to readiness to change; interpersonal reasons were negatively associated. ConclusionsThis study contributes information needed to design motivational interventions for substance use among justice-involved young adults. Personal reasons to quit using drugs are a potential intervention target.

Alternatives to Criminal Conviction in a Comparative Analysis of Positive Law and Islamic Criminal Law

This paper aims to comprehensively analyze the concept of alternative punishment in a comparative study of positive law and Islamic criminal law. Currently, imprisonment is still the main choice, causing overcrowding in prisons in Indonesia. Sharp criticism and dissatisfaction with imprisonment have prompted the development of alternative punishments other than imprisonment that are in accordance with the purpose of punishment. This study is a type of qualitative research using data collection techniques through literature studies. The data used in this study was taken from secondary data from various literatures consisting of books, journals, mass media, news, social media related to alternative sentencing. The conclusion of this paper shows that in positive law, alternative provisions for punishment other than imprisonment have been regulated in the Criminal Code (KUHP) and other laws and regulations, including in the form of fines (compensation), rehabilitation sanctions for narcotics abuse cases, and settlement of criminal cases outside the court (APS) by prioritizing the principle of restorative justice, namely peace and forgiveness, for the perpetrators, victims and the community. In positive law, alternative punishment has an ideal concept with the aim of sentencing that leads to recovery, not retaliation. This paper also concludes that in the concept of Islamic criminal law, the provision of alternative punishments contains the principles in maqashid sharia, namely in maintaining religion ( al-dîn ), soul (al-nafs ), offspring ( al-nasl ), property ( al-mâl ) and reason ( al-aql ).

Non-custodial sentences in the Northern Areas: Female offenders’ experience

While studies on female offenders in South Africa are valuable, very few have provided an understanding of women serving alternative sentences. This is critical in South Africa considering its slow administration of justice and the use of ‘alternative’ sentencing could possibly relieve the conditions in correctional centres. Since alternative sentencing is less retributive than incarceration, they are assumed to be more restorative in reforming and reintegration. However, when the offenders are placed back into the society that promoted the criminal behaviour, it becomes difficult to govern. This ethnographic study explores the lived experiences of five female offenders serving non-custodial sentences in Port Elizabeth’s Northern Areas, a known gang area.

Prison Decarceration and the Mental Health Crisis

The number of incarcerated people in the United States with mental health treatment needs is inexcusably and unconscionably high. The authors argue that while the justice reform movement has made some laudable efforts to address the overincarceration of people with mental health treatment needs, these efforts have focused almost entirely on the front end of the criminal legal system (e.g., arrest and jail diversion), as well as problem-solving courts and alternative sentencing programs. And while plenty of work to prevent incarceration remains to be done, the authors seek to shine a bright light on how the post-conviction mechanisms of compassionate release, clemency, and sentencing review must be used—in some instances reimagined—to advance decarceration for people with mental health treatment needs in federal and state prison systems. The authors call on decision-makers to take a bold and expansive view of release for those whose incarceration no longer serves the interest of justice, while also recognizing that further education and advocacy are needed to overcome the conflation and sensationalizing of mental illness and violence. Concluding that prison will never be a good environment to meaningfully address mental health treatment needs, the authors contend that there must be a deeper moral reckoning with—and more revulsion against—the warehousing of people struggling with mental health treatment needs in the United States.

Prison Overcrowding: Alternative Sentencing in Indonesia’s Draft Criminal Code and Its Consequences on Correctional System

Imprisonment is often the most preferred choice of punishment in the eyes of law enforcement officers. As a result, prison overcrowding is inevitable and leads to the emergence of various problems in prisons. The discourse of alternative sentencing has recently gained increasing prominence in the Indonesian public with a view to addressing such problems amid the ongoing review of the Draft Criminal Code (Rancangan Kitab Undang-Undang Hukum Pidana/ RKUHP). This article aims to analyze alternative sentencing in the form of community service and probation penalties. It discusses the role and strategic measures taken by the Indonesian correctional system related to the performance of community correctional counselors in order to prepare for the implementation of alternative sentencing in the future. Employing a qualitative method, this study shows that alternative sentencing is principally in line with the concept of social reintegration and the philosophy of the current Indonesian Correctional Institution (Lembaga Pemasyarakatan). The correctional system in the country has also begun to take strategic measures to respond to the future implementation of the alternative sentencing in the RKUHP by means of updating the legal framework and improving infrastructure as well as the quality of human resources in accordance with the framework of community-based corrections.

Mindfulness-Based Stress Reduction and Hope in Women Participating in Alternative Sentencing Programs

Purpose: Alternative sentencing programs for women with nonviolent drug offenses may provide opportunities to change the life trajectories of women and their families. The primary purpose of this study was to assess whether a mindfulness-based stress reduction (MBSR) intervention could improve levels of hope following treatment. A second objective was to assess whether MBSR intervention could influence perceived stress, self-compassion, and mindfulness. Methods: Participants attended a 6-week mindfulness class, with outcomes measured using pretest–posttest survey comparison. Results: Paired sample t tests showed improvements in hope, stress, self-compassion, and mindfulness following treatment. Discussion: Community-based intervention models, such as MBSR therapy in alternative sentencing programs, may alleviate negative psychological impacts experienced by female offenders. These results align with previous research that suggests participants may see improved ability to regulate emotions following MBSR therapy. This research indicates that MBSR therapy, for women in alternative sentencing programs, may promote hope as a learned psychological skill.

A study protocol for a randomized controlled trial of a cross-systems service delivery model to improve identification and care for HIV, STIs and substance use among justice-involved young adults

BackgroundJustice-involved young adults (JIYA) aged 18–24 are at significant risk for HIV and problematic substance use (SU) but are unlikely to know their HIV status or be linked to HIV or SU treatment and care. Intensive efforts to increase screening and improve linkage to HIV and SU services for JIYA are needed that address youth as well as justice and health/behavioral health system-level barriers.MethodsMoveUp is a four-session intervention that integrates evidence-based protocols to promote HIV and STI testing, HIV and SU behavioral risk reduction and engagement in treatment for JIYA. MoveUp is delivered onsite at an alternative sentencing program (ASP) by HIV testing outreach workers from a youth-focused medical and HIV treatment program. N = 450 youth are randomized following baseline assessment into two groups: MoveUp or standard of care. Youth are followed for 12 months following the intervention; unprotected sexual behavior, substance use, HIV and STI testing as well as treatment linkage will be assessed at 3, 6, 9 and 12-months.DiscussionThis study is one of the first to systematically test an integrated screen/testing, prevention intervention and linkage-to-care services program (MoveUp), using evidence-based approaches to address the overlapping HIV/STI and substance use epidemics in JIYA by providing on-site services to identify HIV/STI and SU risk and treatment need within justice-settings as well as linkage to services in the community. This approach, capitalizing on health and justice partnerships, represents an innovation that can capitalize on missed opportunities for engaging JIYA in health care.

A Qualitative Perspective on Alternative Sentencing Practices in Virginia

A Qualitative Perspective on Alternative Sentencing Practices in Virginia

SELECTED ALTERNATIVE SENTENCING OF MONETARY CHARACTER IN THE TERMS OF THE SLOVAK REPUBLIC

The author in this research paperpresents the description of restorative concept of justice. Specifically, it focuses on the description of alternative sentencing of monetary character, its role and characterization in the system of criminal law in the Slovak republic. The objective of forfeiture of property is to reach for the property of an offender, as well as, last but not the least, it aims to recondition the offender. The objective of forfeiture of an object is to eliminate the thing, which could be used for criminal offence. The basis is to obstruct the conditions of an offender for further criminal activity, or to deprive the benefit acquired by committing a crime.

Part-Time Jail Time: Jailors’ Perspectives on the Practice of Nonconsecutive Day Sentencing in Virginia

Jurisdictions across the Commonwealth of Virginia are working to broaden and refine the implementation of community-oriented alternative sentencing programs. From the perspective of practitioners, this article examines the statutory expansion of one such alternative sanction in Virginia—nonconsecutive day sentencing (“weekend” or “part-time” jail time)—as adopted in Senate Bill No. 36 during the General Assembly’s 2018 Regular Session. Presenting mixed-methods survey results from a large sample of correctional professionals across the Commonwealth, the study finds little practitioner support for the expanded application of weekend jail programming. Based on such stakeholder input, the article discusses anticipated adverse effects of the statutory amendments passed in SB36 and argues that practitioners, with the assistance of criminal justice researchers, must lend their expertise to legislators in policy development process from proposal through implementation.

Da necessidade de modernização da política internacional antidrogas como forma de efetivação dos direitos humanos

Ao redor do mundo, governos começaram a questionar abertamente a eficácia das políticas repressivas de combate às drogas, o que torna oportuna a propositura, nesse momento, de medidas intermediárias entre o proibicionismo e a legalização, com forte influência das estratégias de redução de danos que procurem minimizar o alcance da esfera repressiva, na linha do direito penal mínimo. Ademais, o proibicionismo como política internacional de drogas é responsável por uma gama de violações de direitos humanos ao redor do mundo, o que torna esse diálogo urgente e necessário. O artigo analisa as mudanças do modelo atual de combate às drogas – de viés proibicionista –, a partir de novas experiências internacionais e da última Sessão Especial da Assembleia Geral da ONU (UNGASS), diante da ineficácia de políticas repressivas que geraram violência, encarceramento e violações de direitos. Com base na análise dos efeitos da implementação do Regime Internacional de Controle de Drogas e de elementos críticos em relação a violações de direitos humanos no Brasil e no Mundo, são apontados os desafios para próximas décadas como: a necessidade de implementação de políticas públicas que priorizem os grupos mais vulneráveis, a estruturação de programas de prevenção e redução de danos, a adoção de penas alternativas e a criação de critérios objetivos para diferenciar o uso e o tráfico de drogas, tudo isso de forma sustentável, respeitando as diversidades regionais e combatendo a pobreza e o cerceamento de direitos.

Wstrzymanie wykonania zastępczej kary pozbawienia wolności w trybie art. 65a k.k.w.

Suspension of the execution of the alternative custodial sanction pursuant to Art. 65a of the Executive Penal CodeThe suspension of the execution of the custodial sanction under alternative sanction presents a high educational value as well as it reduces the incarcerated population and budgetary expenditures in this regard. It is therefore a perfect alternative to the alternative custodial sanction. An essential precondition for the commencement of proceedings for suspension of the execution of the alternative sentencing is a written declaration by the offender about his subjection to the execution of the community sentence and to rigours related to it. Considerations undertaken are based on the solution provided for in Art. 65A of the Executive Penal Code, besides include a dogmatic analysis, focused on the assessment of the character of the institution which is subject of this article. The author notes the absence of legislative consistency — in the context of the ratio legis of the analysed solution — considering the fact, that the title construction is based exclusively on the Court’s discretion.

Avoiding amnesty in the age of accountability: Colombia’s proposal for alternative sentencing

<p>One of the more conspicuous symptoms of the anti-impunity movement in transitional justice is a growing objection towards the use of amnesty. While international standards are slowly but surely building a legal barricade to prevent amnesty and impunity, states are searching for alternative measures capable of persuading hostile actors to demobilize. One promising solution to this is Colombia’s proposal for prosecutions accompanied by alternative sentencing under the <em>Marco Jurídico de la Paz</em>, which aims to demobilize the guerillas and end a 50-year conflict. But for this proposal to be a genuine alternative to amnesty rather than a political attempt to avoid international legal obligations, it must satisfy victims’ requirements for truth, justice and reparations. This paper examines the potential use of alternative sentencing as a mechanism of transitional justice within the scope of the “age of accountability”.</p><p><strong>Received</strong>: 31 March 2015<br /><strong>Accepted</strong>: 15 October 2015<br /><strong>Published online</strong>: 11 December 2017</p>

Legitimising the Juba peace Agreement on Accountability and Reconciliation: the International Criminal Court as a third-party actor?

ABSTRACTThis article analyses the Juba peace negotiations on accountability and reconciliation. It advances a new interpretation of the Agreement on Accountability and Reconciliation, focusing on five justice features: national proceedings, restorative accountability, alternative sentencing, individual responsibility and forward-looking victimhood. The article argues that the nature of the agreed justice policy derives from negotiators and mediators’ pursuit of international legitimation by the International Criminal Court (ICC) and its compliance constituency. This argument has implications for our understanding of the role of the ICC in internationally judicialised peace processes: the need for peace agreement legitimation combined with the legitimacy requirements in such peace processes structurally constitutes the ICC as metaphorically present in the negotiation room and thus akin to a third-party actor.

A Statewide Parenting Alternative Sentencing Program: Description and Preliminary Outcomes

ABSTRACTThe Washington State Legislature created the Parenting Sentencing Alternative in 2010, authorizing a substitute to total confinement for parents of minor children. The Alternative is designed to strengthen family bonds and improve parenting skills to encourage successful reintegration. An overview of the Alternative’s history, design, and implementation is presented, followed by preliminary results from an impact evaluation. A case study of a successful participant is presented, and implications for the findings are discussed.