ABSTRACT

If the decision is to place the offender on probation or other intermediate punishment, usually as a condition of probation, the offender is typically supervised by an officer of the local probation department. Conditional freedom under probation requires the probationer to meet certain conditions of behavior, as noted in Chapter 4 . If the probationer is in danger of substantively violating these conditions or is determined to be in need of additional service or more intensive supervision, the supervising officer may request that the judge increase the conditions of supervision to include additional restrictions or program participation. The intent of this practice, often called tourniquet sentencing, is to lessen the risk of failure and recidivism and assist the probationer to decide to conform to court expectations. The implicit alternative to nonconforming behavior is incarceration, frequently in the local jail, for a period of time to be imposed by the judge. To understand tourniquet sentencing, it is necessary to examine the jail and its roles as a hub of community corrections.