Intermediate Sanctions Research Articles

일본 보호관찰의 현황 및 그 시사점

As a result of recognizing the importance of treatment in society, the extension of probation has been steadily expanded, and accordingly, probation systems based on various laws have been established. Even if the name of probation is the same, there are systems with different legal characteristics, and the contents of probation or the effects of violations must be reviewed individually. In particular, in the case of parole and suspended execution imposed on adults, which account for most of the probation, problems such as the absence of intermediate sanctions in violation of compliance and the limitations of appropriate supervision and treatment have been steadily raised. In this situation, examining foreign-related systems and looking back on Korea''s systems can provide a clue to the improvement of our system. Considering that the word probation itself accepted the Japanese term, it is meaningful to look at the current status of probation in Japan. Japan''s probation system is the same as ours, but it is distinguished from ours in that partial suspension of execution is allowed. In Japan, as in Korea, partial revocation of suspension of execution is impossible, but unlike in Korea, partial suspension of execution is established to ensure the effectiveness of probation. Those who have been sentenced to suspension of execution for part of their sentences will be treated within society through probation for the remaining period of probation after the detention is terminated. By introducing such a system, Japan is attempting to avoid the problem of a short parole period and solve the problem of difficulty in supervising and supervising upon release. With the recidivism rate of those under probation still high, it is necessary to devise a system that can ensure the effectiveness of probation and secure a sufficient period of treatment in society in Korea.

Fitness costs for fig wasps that fail to pollinate their host Ficus perforata

Mutualisms are of fundamental ecological importance, but risk breaking down if one partner stops paying the costs yet still takes the benefits of the interaction. To prevent such cheating, many mutualisms have mechanisms that lower the fitness of uncooperative symbionts, often termed host sanctions. In mutualisms where the interacting partners are species-specific, we would expect to see coevolution of the levels of host sanctions and partner cooperation across species-pairs. In the mutualism between fig trees and their species-specific pollinating fig wasps, host sanctions vary greatly in strength, and wasp cooperation levels vary accordingly. Here I show experimentally that in Panamanian Ficus perforata (section Urostigma, Americana) there are fitness costs for wasps that do not pollinate. These fitness costs are caused by a combination of abortions of unpollinated figs and reduced proportion of wasp larvae that successfully develop to adults. The relative fitness of wasps that do not pollinate compared to wasps that pollinate is 0.59, leading to the intermediate sanction strength 0.41. Next, by screening pollinators of F. perforata I found that 1.9% of wasp individuals in natural populations failed to carry pollen. Across five actively pollinated Neotropical fig species and their pollinators, fig species with stronger host sanctions had fewer uncooperative wasps, as would be expected if sanctions promote cooperation.

Progressing policy toward a risk/need informed sanctioning model

Research SummaryThis study examined whether risk/need assessment results coincided with the placement of defendants into six types of sanctions among convicted adults from 11 counties in one state. Crosstabulations highlighted that individuals’ risk/need levels corresponded to the placement of low‐risk/need individuals to probation and high‐risk/need individuals to prison; however, intermediate sanctions were rarely used for any risk/need level and some low‐ and moderate‐risk/need individuals were sentenced to prison when convicted of offenses that do not typically result in incarceration.Policy ImplicationsThe results suggest that courts should adopt an evidence‐informed sanctioning model by using risk/need assessments to inform sentencing decisions. Further, states should utilize intermediate sanctions more often to divert individuals convicted of less serious offenses from prison. Finally, judges should avoid sentencing low‐risk/need individuals to prison whenever possible. These changes could help courts to better match individuals’ risk/need level to sanctions.

A Note on Productive and Dynamic Inefficiencies of Intermediate Regulatory Sanctions

Abstract This article shows that regulatory sanctions that fall into an intermediate range can generate subtle problems not apparent in simple enforcement models. Assuming that firms may ultimately face different noncompliance detection probabilities, we highlight that intermediate sanctions may conflict with aspects of both static and dynamic efficiency.

Trends in Hospice Quality Oversight and Key Challenges to Making it More Effective, 2006-2015.

Background: Given the limited ability of hospice patients to assess, monitor, and respond to substandard care, quality oversight has an important role to play in the hospice sector. The IMPACT Act of 2014 required that agencies be recertified at least every three years, but it did not otherwise alter hospice quality oversight. Objectives: To illuminate the current hospice quality oversight process and discuss its role alongside other government monitoring and public reporting efforts. Methods: Retrospective analysis (2006-2015) concerning hospice accreditation status, deficiency trends, survey frequency and deficiency outcomes, and termination from the Medicare program. Results: The proportion of privately accredited hospice agencies increased from 15% to 39%, a trend driven largely by its increased use among for-profit agencies. The combined rate of deficiencies per agency increased 35% over the past decade, with issues around care planning, aide and homemaker services, and clinical assessment featured most prominently. Nearly half (45%) of all surveys resulted in deficiency citations; however, less than one-in-four hospice agencies were surveyed in a given year. Over the past decade, 28 agencies were terminated from the Medicare program; most of these agencies were unaccredited and operated on a for-profit basis. Conclusions: The IMPACT Act addressed one of the biggest shortcomings in hospice oversight. Our findings highlight additional reforms that could be considered. First, reporting inspection results from private and public recertification surveys could promote greater transparency and accountability. Second, making a wider range of intermediate sanctions available to oversight agencies could enhance enforcement efforts and, ideally, incentivize agencies to improve quality of care.

Today was not a good day: offender accounts of the incidents that led to their admission to drug court

ABSTRACTOne method that has been touted to help end mass incarceration is using intermediate sanctions. While intermediate sanctions often present as attractive options, there is evidence that as practiced, these sanctions often result in net widening. One of the most common forms of intermediate sanctions are drug courts, which are often viewed as progressive alternatives to locking up people with substance abuse problems. However, along with the dangers of net widening, scholars have shown that many people admitted to drug courts do not seem to have substance abuse problems and could benefit from lesser criminal justice interventions. In the current study, we analyzed intake data from a drug court to determine: (1) what charge(s) drug participants had and (2) how they became involved with the criminal justice system. Among important findings were that a large number of drug court participants were arrested for the possession of one drug only (often marijuana) and that more than half of participants came to the attention of the criminal justice system through a traffic stop rather than through repeated encounters with the criminal justice system.

Proposal Would Codify Minimum Standards of Due Diligence for Intermediate Sanctions Purposes

Bruce R. Hopkins' Nonprofit CounselVolume 35, Issue 1 p. 8-8 Articles Proposal Would Codify Minimum Standards of Due Diligence for Intermediate Sanctions Purposes First published: 11 December 2017 https://doi.org/10.1002/npc.30422Read the full textAboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinkedInRedditWechat No abstract is available for this article. Volume35, Issue1January 2018Pages 8-8 RelatedInformation

Does the “last chance” sentence work? Ten years of failures and successes under a juvenile intermediate sanction in Canada

Deferred custody and supervision order, an intermediate sanction which came into effect in 2003, had never been the subject of a scientific study. In the absence of research data, judges would give the sentence without knowing the outcome. To fill this gap, this study presents the failure rates (technical violations, revocations and new-crime violations) and success rates of all young Quebecers who completed a deferred custody and supervision order between 1 June 2003 and 31 May 2012. As with studies that examined similar sentences elsewhere in the world, success rates are relatively low. Suggestions are made to limit failures associated with this type of juvenile intermediate sanctions.

The Rhetoric and Practice of Community Corrections in China

Over the last decade, community corrections in China has operated as an intermediate sanction in response to a growing prison population. Official policy describes this punishment as an alternative to prison, focusing on risk assessment, correctional treatment, and cognitive-behavioral therapies that have been adopted in a number of Western countries. Based on interviews with community corrections officials in Shanghai, this article examines the rhetorical and practical characteristics of this new punishment and, more specifically, considers the consistencies and discrepancies between official policy and its practical implementation. It argues that, despite official policy, community corrections in China is underpinned by intensive correctional supervision that is premised on control, surveillance, and education.

Homelessness and Housing Insecurity Among Former Prisoners.

The United States has experienced dramatic increases in both incarceration rates and the population of insecurely housed or homeless persons since the 1980s. These marginalized populations have strong overlaps, with many people being poor, minority, and from an urban area. That a relationship between homelessness, housing insecurity, and incarceration exists is clear, but the extent and nature of this relationship is not yet adequately understood. We use longitudinal, administrative data on Michigan parolees released in 2003 to examine returning prisoners' experiences with housing insecurity and homelessness. Our analysis finds relatively low rates of outright homelessness among former prisoners, but very high rates of housing insecurity, much of which is linked to features of community supervision, such as intermediate sanctions, returns to prison, and absconding. We identify risk factors for housing insecurity, including mental illness, substance use, prior incarceration, and homelessness, as well as protective "buffers" against insecurity and homelessness, including earnings and social supports.

Extralegal Disparity in the Application of Intermediate Sanctions: An Analysis of U.S. District Courts

The sentencing literature is replete with studies that have examined the influence of extralegal offender characteristics on two key sentence outcomes: the imprisonment and sentence length decisions. Yet the study of other outcomes, such as the application of intermediate sanctions, is rarely addressed. To date, no studies have been conducted in the federal courts to examine the potential influence of race/ethnicity, age, gender, and educational attainment on the decision to apply intermediate sanctions. Consequently, the present analysis employs U.S. Sentencing Commission data to examine direct and interactive effects of these extralegal characteristics on this understudied outcome. Findings indicate that extralegal effects may play an important role in the use of intermediate sanctions. The implications of this research are discussed in detail.

Book Review: Religious Faith in Correctional Contexts

As homo sociologicus, we live in an extremely interactive society which greatly relies on predictable and expectable master patterns of human behaviors. Numerous academics have explored breaches in anticipated behavioral patterns and have suggested methods of how to deal with them. A modern government aims to decrease abstruse, belligerent social disturbances mainly based on legal sanctions, primarily incarceration; however, we are without perfect solutions despite those tremendous efforts and investments. Bureau of Justice Statistics (BJS) data show that the number of inmates in US state and federal prisons increased again in 2013 after a 3-year decline in the prison population since 2010 (Carson 2014). As Robert Martinson’s ‘‘nothing works (1974)’’ doctrine casts its dark shadow, we have experienced a breakdown of the criminal justice system in terms of incarceration and recidivism rates. To complicate matters further, recent economic downturns have fed a ‘‘more with less’’ philosophy in governments. This neo-liberal philosophy stimulated the criminal justice market, and we have seen the appearance of private prisons. The Bureau of Justice Assistance started the Justice Reinvestment Initiative in 2006 to address these budgetary concerns (Alarid and Reichel 2013). As a part of the result, most governments have introduced various intermediate sanctions to decrease incarceration rates and adopt a wide range of cost effective rehabilitation programs to decrease recidivism. Here faith-based rehabilitation programs found a niche. Kerley suggests that a faith-based program can be a cost-effective option for inmates’ rehabilitation. Having planned to pave an empirical road for a faith-based rehabilitation program in correctional facilities, Kerley collected data by

IRS Declines to Abate Intermediate Sanctions Taxes, Finds Insufficient Reliance on Legal Advice

IRS Declines to Abate Intermediate Sanctions Taxes, Finds Insufficient Reliance on Legal Advice

Executive Compensation in the Tax-Exempt World

Whether nonprofit organizations provide charity, education or health care, entities that are organized and operated under Section 501(c)(3) of the Internal Revenue Code must be mindful of specific tax rules that do not apply to private or public companies when structuring compensation arrangements to attract, motivate and retain executive-level talent. For example, Section 457 of the Code places unique restrictions on the compensation programs sponsored by tax-exempt entities. Congress believed these restrictions were necessary because the usual tension created by a public or private company’s desire to recognize a current compensation deduction and an employee’s desire to defer tax on compensation does not exist with tax-exempt entities. Additionally, the Code regulates whether tax-exempt organizations pay reasonable compensation through the operation of the excess benefit transaction (or intermediate sanction) rules. This article examines the restrictive tax provisions of Section 457 and of the excess benefit transaction rules, which both create a challenging environment for tax-exempt entities when they compete with taxable entities for executive-level talent.

Table of Contents

AbstractWerfel Testifies about Revisions of Exemption Application ProcessHouse Oversight Committee Issues Report on Investigation of IRSDown‐Payment Assistance Entity Held Noncharitable, Exemption Retroactively RevokedBooster Club Loses Exemption; Fundraising Held to Be Private Inurement, Private BenefitPhysician Ruled Not Disqualified Person for Intermediate Sanctions PurposesTax Court Reverses Itself on Qualified Appraisal DeterminationIRS Illustrates Rules as to Valuation of Conservation EasementsOther Recent IRS Private Letter RulingsOther Developments

Home Is Hard to Find

Poor urban communities experience high rates of incarceration and prisoner reentry. This paper examines the residences where former prisoners live after prison, focusing on returns to pre-prison social environments, residential mobility, and the role of intermediate sanctions. Drawing on a unique dataset that follows a cohort of Michigan parolees released in 2003 over time using administrative records, we examine returns to pre-prison environments, both immediately after prison and in the months and years after release. We then investigate the role of intermediate sanctions - punishments for parole violations that are less severe than returning to prison - in residential mobility among parolees. Our results show low rates of return to former neighborhoods and high rates of residential mobility after prison, a significant portion of which is driven by intermediate sanctions resulting from criminal justice system supervision. These results suggest that, through parole supervision, the criminal justice system generates significant residential mobility.

Why Didn't They Work? Thoughts on the Application of New Jersey Day Reporting Centers

Overthe past several decades, incarceration rates in theUnited States have increased by more than 200%, resulting in overcrowded state prison systems (Blumstein and Beck, 2005; Clear, 1994; Glaze, 2010; Irwin and Austin, 2012; Pew Center on the States, 2009). In the 1980s and 1990s, day reporting centers (DRCs) and other intermediate sanctions were developed to address problems resulting from the increased use of incarceration (e.g., overcrowding, increased correctional costs) by diverting offenders away from traditional confinement facilities while maintaining a higher level of control and accountability than standard probation (MacKenzie, 2006; Parent, Byrne, Tsarfaty, Valade, and Esselman, 1995; Tonry and Lynch, 1996). Some exceptions notwithstanding (see, e.g., Gendreau and Ross, 1987), these early intermediate sanctions were designed primarily to reduce offenders’ odds of recidivism through increased punishment, supervision, and control (MacKenzie, 2006). The evidence concerning the effects of these sanctions was not encouraging; recidivism and program failure rates were high, resulting in little to no impact on prison populations (Parent et al., 1995; Petersilia, 1998). Although incarceration rates in most states have leveled off (Glaze, 2010), the problems stemming from the increased use of incarceration in the 1980s and 1990s persist. In light of the evidence concerning the effects of control-oriented intermediate sanctions, some states have revamped their existing programs in an effort to reduce correctional costs and improve public safety by reducing participants’ odds of recidivism. Programs have added treatment services to address offenders’ needs pertaining to employment, drug use, and

Rearrest and Probation Violation Outcomes Among Probationers Participating in a Jail-Based Substance-Abuse Treatment Used as an Intermediate Sanction

This study compares the characteristics of two groups of probationers ordered to jail-based substance-abuse treatment as an intermediate sanction. It further reviews rearrest and probation failure outcomes of the two groups, along with the demographic, clinical, and criminal factors associated with those outcomes. Probationers jailed for probation violations had higher rates of rearrest and probation failure in the first year after program completion compared to probationers jailed immediately after conviction. Factors associated with rearrest and probation failure varied widely between the two outcomes and between the two probation groups. This study concludes that jail-based substance-abuse treatment should be an option in a range of intermediate sanctions and treatments for selected probationers.

THE POWER OF DIVERSION: INTERMEDIATE SANCTIONS AND SENTENCING DISPARITY UNDER PRESUMPTIVE GUIDELINES*

Fiscal constraints and shifting political climates in corrections have recently led to a renewed interest in intermediate punishments. Despite their growing prevalence, though, relatively little empirical research has examined the judicial use of alternative sanctions as a sentencing option. By using 3 years of data from the Pennsylvania Commission on Sentencing (PCS), this study investigates little‐researched questions regarding the use of sentencing alternatives among offenders and across contexts. Results indicate that male and minority offenders are the least likely to receive intermediate sanctions, both as a diversionary jail or prison sentence and as a substitute for probation. The probability of receiving an intermediate sanction also varies significantly across judges and court contexts and is related to county‐level funding for these programs, among other factors. Findings are discussed as they relate to contemporary theoretical perspectives on the perceived suitability of intermediate punishments and on the unique role that offender agency plays in the sentencing of these cases. Directions for future research are discussed.

The ‘no man’s land’ of intermediate legal sanctions

This is an exercise in convict criminology, taking its orientation from the literature on legal narrative and storytelling. It addresses a current and long-standing area of criminal justice policy, the use of intermediate sanctions in corrections, doing so from a participant’s perspective. Prison is described as being part of the crime problem, in part because it brings lasting harm to those within its persistent embrace. Intermediate penal sanctions, touted as a true corrections alternative, are shown to have significant shortcomings. Convict criminology and legal storytelling are presented as encouraging restorative responses to instances of harm occurring through both crime and crime control.