Means-based fines (also called "day" fines). The
total
amount of these fines is calibrated to both the severity of the crime
and the
discretionary income of the offender, with the calibration and
calculation
established by the court as a whole for all cases in which this type of
fine is
to be imposed. (This type of fine contrasts with traditional fines that
are
imposed at the discretion of the judge according to ranges set by the
legislature for particular offenses.) Defendants with more income
(and/or fewer
familial obligations) pay a higher overall fine than those with lower
incomes
(and/or more obligations) for the same crime. This approach to setting
the fine
amount is typically coupled with expanded payment options and collection
procedures that are tighter than usual.
Community service. This is the performance by offenders of
services or manual labor for government, private, or nonprofit
organizations for
a set number of hours with no payment. Community service can be
arranged for
individuals, case by case, or organized by corrections agencies as
programs.
For example, a group of offenders can serve as a work crew to clean
highways or
paint buildings.
Restitution. Restitution is the payment by the offender of
the
costs of the victim's losses or injuries and/or damages to the victim.
In some
cases, payment is made to a general victim compensation fund; in others,
especially where there is no identifiable victim, payment is made to the
community as a whole (with the payment going to the municipal or State
treasury).
Special needs probation programs or caseloads. In these
approaches to intermediate sanctions, officers with special training
carry a
restricted caseload. Typically, these approaches are used with
offenders who
have committed some categories of domestic violence, sex offenses, and
driving
under the influence, and with mentally ill, developmentally disabled, or
substance-abusing offenders. Supervision in a specialized caseload may
mean
more intensive or more intrusive supervision than in routine caseloads,
the
provision of enhanced social and psychological services, and/or specific
training or group activities, such as anger management classes or victim
impact
meetings.
Outpatient or residential AOD abuse treatment centers. Both
public and private treatment centers may be contracted to provide
treatment to
offenders, as described in this TIP.
Day centers or residential centers for other types of treatment
or
training. These centers are established to provide services other
than AOD
abuse treatment. For example, a center may provide skills training to
enhance
offenders' employability.
Intensive supervision probation. The level and types of
supervision that are labeled intensive vary widely but usually involve
closer
supervision and greater reporting requirements than regular probation
for
offenders. This level can range from more than five contacts a week to
fewer
than four per month. Supervision usually entails other obligations (to
attend
school, have a job, participate in treatment, or the like).
Intensive
supervision parole has similar requirements and variations but is
usually
provided by parole agents to offenders who have completed a prison term
and who
are serving the balance of their sentences in the community.
Day reporting centers. Under the terms of this intermediate
sanction, offenders must report to the center for a certain number of
hours each
day, and/or report by phone throughout the day from a job or treatment
site, as
a means of monitoring and incapacitating them.
Curfews or house arrest (with or without electronic
monitoring).
Offenders are restricted to their homes for various durations of time,
ranging
from all the time to all times except for work or treatment hours, with
a few
hours for recreation. Frequently, the curfew or house arrest is
enforced by
means of an electronic device worn by the offender which can alert
corrections
officials to his or her unauthorized absence from the house.
Halfway houses or work release centers. Offenders are
restricted
to the facility but can leave for work, school, or treatment. The
facility is
in the community or attached to a jail or similar institution.
Boot camps. Typically, a sentence to a boot camp (also
called
shock incarceration) is for a relatively short time (3 to 6 months). As
the
name implies, boot camps are characterized by intense regimentation,
physical
conditioning, manual labor, drill and ceremony, and military-style
obedience.
(Because boot camps are a form of incarceration, some in the criminal
justice
field reject their inclusion in the category of intermediate sanctions.
Others
include boot camps because placement in them is intended to take the
place of a
longer, traditional prison term.)
Assessment, including a medical examination, drug use
history,
psychosocial evaluation, and where warranted a psychiatric evaluation,
as well
as a review of socioeconomic factors and eligibility for public health,
welfare,
employment, and educational assistance programs.
Same-day intake to retain the patient's involvement and
interest
in treatment.
Documentation of findings and treatment to enhance clinical
case
supervision.
Preventive and primary medical care provided onsite.
Testing for infectious diseases at intake and at intervals
throughout treatment, for infectious diseases such as hepatitis,
retrovirus,
tuberculosis, HIV/AIDS, syphilis, gonorrhea, and other sexually
transmitted
diseases.
Weekly random drug testing to ensure abstinence and
compliance with treatment.
Pharmacotherapeutic interventions by qualified medical
practitioners, as appropriate for those patients having mental health
disorders,
those addicted to opiates, and HIV-seropositive individuals.
Group counseling interventions to address the unique
emotional,
physical, and social problems of HIV/AIDS patients.
Basic substance abuse counseling, including psychological
counseling, psychiatric counseling, and family or collateral counseling
provided
by persons certified by State authorities to provide such services.
Staff
training and education are integral to a successful treatment
program.
Practical life skills counseling, including vocational and
educational counseling and training, frequently available through
linkages with
specialized programs.
General health education, including nutrition, sex and
family
planning, and HIV/AIDS counseling, with an emphasis on contraception
counseling
for adolescents and women.
Peer/support groups, particularly for those who are
HIV-positive
or who have been victims of rape or sexual abuse.
Liaison services with immigration, legal aid, and criminal
justice
system authorities.
Social and athletic activities to retrain patients'
perceptions of
social interaction.
Alternative housing for homeless patients or for those whose
living situations are conducive to maintaining the addicted life-style.
Relapse prevention, which combines aftercare and support
programs
such as the self-help groups Alcoholics Anonymous and Narcotics
Anonymous,
within an individualized plan to identify, stabilize, and control the
stressors
that trigger and promote relapse to substance abuse.
Outcome evaluation to enable refinement and improvement of
service
delivery.
(Court, probation, parole,
and/or other referring agency)
the following information:
_________________________________________________
(Nature of the information, as limited as possible)
The purpose of and need for the disclosure is to inform the criminal
justice
agency(ies) listed above of my attendance and progress in treatment.
The extent
of information to be disclosed is my diagnosis, information about my
attendance
or lack of attendance at treatment sessions, my cooperation with the
treatment
program, prognosis, and
I understand that this consent will remain in effect and cannot be
revoked by me
until:
_____ There has been a formal and effective termination or revocation
of my
release from confinement, probation, or parole, or other proceeding
under which
I was mandated into treatment, or
(other time when consent can be
revoked
and/or expires)
I also understand that any disclosure made is bound by Part 2 of Title
42 of the
Code of Federal Regulations governing confidentiality of alcohol and
drug abuse
patient records and that recipients of this information may redisclose
it only
in connection with their official duties.
___________________
_______________________________
(Date)
(Signature of
defendant/patient)
_______________________________
(Signature of parent,
guardian, or authorized representative, if required)
I understand that my records are protected
under the Federal regulations governing Confidentiality of Alcohol and
Drug
Abuse Patient Records, 42 C.F.R. Part 2, and cannot be disclosed without
my
written consent unless otherwise provided for in the regulations. I
also
understand that I may revoke this consent at any time except to the
extent that
action has been taken in reliance on it, and that in any event this
consent
expires automatically as follows:
This
notice accompanies a disclosure of information concerning a client in
alcohol/drug abuse treatment, made to you with the consent of such
client. This
information has been disclosed to you from records protected by Federal
confidentiality rules (42 C.F.R. Part 2). The Federal rules prohibit you
from
making any further disclosure of this information unless further
disclosure is
expressly permitted by the written consent of the person to whom it
pertains or
as otherwise permitted by 42 C.F.R. Part 2. A general authorization for
the
release of medical or other information is NOT sufficient for this
purpose. The
Federal rules restrict any use of the information to criminally
investigate or
prosecute any alcohol or drug abuse patient.
Acknowledges that in receiving, storing, processing, or otherwise
dealing
with any information from the Program about the patients in the Program,
it is
fully bound by the provisions of the Federal regulations governing
Confidentiality of Alcohol and Drug Abuse Patient Records, 42 C.F.R.
Part 2, and
Undertakes to resist in judicial proceedings any effort to obtain
access to
information pertaining to patients otherwise than as expressly provided
for in
the Federal confidentiality regulations, 42 C.F.R. Part
2.
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