Community-Based Corrections, Essay Example

Charge

On January 17 2014 offender made purchases totaling $583.74 at the Value Discount Store at 6210 River St., Bedford, MA. Offender provided appropriate identification, and was identified by clerk as a regular customer. Upon deposit the check was returned NSF, and several attempts to remedy the situation both with the bank and through contacting the offender were unsuccessful. The store manager reported that he was instructed by his district manager to contact law enforcement and press charges due to the offender’s refusal to rectify the situation. offenderwas arrested without incident and released on bond pending sentencing.

Offender reports that the offense was not intentional, and claimed that a male friend who had access to her bank account had removed funds from the account without her permission. Offender claims that this is why the check was returned NSF, and insists that the account had adequate funds at the time she wrote the check. Despite this assertion, offender expressed no interest in pursuing criminal changes in this matter, and this assertion could not be confirmed

Offender seems genuinely contrite, and has expressed her desire to make restitution to the victim. She acknowledges the seriousness of the offense, and understands that she could be incarcerated for her actions. The circumstances of this case indicate possible eligibility for PTI or probation; offender has expressed an interest in diversion or probation.

Prior Record

Offender has a juvenile arrest record for a shoplifting charge at age 14. According to records, the offenderand two friends were arrested at Sweater Mart for stealing several items of clothing. Total value of items taken by the offender was $17.00. After a meeting between the offender’s parents and the store owner, charges against the offender were dropped. The offender has no other juvenile record.

Offender was arrested and charged with DUI outside Las Vegas, NV, in 1998. Offender paid a fine and had her driving privileges revoked for a period of 6 months. Offenderhas no other adult record.

Victim Impact Statement

A victim impact statement has been provided by Chris McCormick, manager of Value Discount Store. Manager indicates that offender has been a regular customer at the store for several years, and this is the first time offender has ever written an NSF check. Victim has indicated a willingness to cooperate with PTI or probation for offenderand to accept restitution on a reasonable repayment schedule. Offender has not repaid the amount owed, so total restitution of $583.74 remains.

Family History

Offender has no adult relatives in the area. Offender has two children, ages 6 and 10, both of whom reside with her full-time. Pending offender’s release from jail on the bad check charge, Department of Child Services took temporary custody of the children. Both children appeared to be in good health and well cared-for.

The primary concern about influences on the offender in a PTI or probation setting is from the male friend whom defendant indicated had access to her bank account. Records indicate that this male friend is 37-year-old Geoff Bowmer, also of Bedford. Bowmer has an arrest record that includes petit theft and assault, and served 6 months on a reduced charge after the assault charge. Bowmer is currently serving probation for the petit theft charge. Offender has been warned to avoid Bowmer during her PTI or probation period if such is granted.

Marital History

Offenderis divorced with two children from her previous marriage. Offender’s ex-husband resides in Nevada, provides no financial support and has limited contact with children.Offender has expressed dissatisfaction with her current relationship with Bowmer, and has indicated that she plans to end that relationship. She has been involved with Bowmer for approximately one year. He occasionally spends nights at her residence, but maintains how own residence.

Offender has two male children, ages 6 and 10. Both are enrolled at Bedford Elementary school. School records indicate both children have adequate attendance and behavioral records, and there is no sign of abuse or neglect of the children by defendant.

Home, Neighborhood and Peers

Offenderestablished residency in Bedford approximately five years ago, having moved there with her husband who had family in the area. Upon the demise of that marriage, ex-husband returned to Nevada, whiled the offender remained in Bedford.

Offender has shown some residential instability over the last several years, having moved to several different apartments and rental homes in that period. Despite this instability, offender has maintained steady employment with the same employer for four years. Aside from the relationship with Bowmer, offender’s peers include several female friends with whom she works, and there are no obvious concerns to be had about their influence on defendant.

Education

Offender has a high school diploma awarded in Las Vegas, NV. Offender attended two years of college at Nevada State University, but did not acquire a degree. Offenderindicates that her academic achievement was adequate, but not exceptional. Offender indicates that she would like to complete a college degree in order to get a better job, but raises concerns about finding the time and money to do so.

Employment

Offender indicates that she held down a number of different jobs in the years between college and the time she married and had her first child. Most of the jobs listed by the offenderhave been in food service and hospitality, including waiting tables, tending bar, and working the check-in desk at several different casinos and hotels in Las Vegas. Offenderalso indicates several periods of unemployment in those years, during which she would occasionally return to the home of her parents in Las Vegas. Offender indicates that she most often left jobs in this period due to being terminated for absenteeism or poor performance.

Offender’s current employer indicates that she has been a model employee, with exemplary attendance and performance reviews and ratings. Offender has expressed an interest in taking in more responsibility at her job, including a supervisory role in the Customer Service Department.

Offender has expressed remorse for her actions, and has no pattern of criminal behavior or association with criminals aside from her relationship with Mr. Bowmer.

Hobbies and Use of Leisure Time

Offender indicates that she has little time for hobbies or personal leisure activity, and that most of her non-work time is devoted to parenting.

Substance Use

Offender shows no indication of substance abuse issues. Offender states that she first drank while in college, and also experimented with marijuana in that period. Offender states that she drinks occasionally, but infrequently. Offender states that her ex-husband is an alcoholic, which contributed to the demise of her marriage. Post-arrest drug testing shows no presence of alcohol or drugs.

Other

Offender appears to generally be in good health. Her primary health concerns are that she is a regular cigarette smoker and does not get adequate exercise. Offender has no significant emotional, mental, or physical disabilities.

Offender indicates that she is a non-denominational Christian who attends church semi-regularly. Offender’s children both attended pre-school at a facility run by a church in her neighborhood.

Evaluative Summary

Offender has a limited criminal historywith no convictions after the 1998 DUI offense. Offender has resided in the community for approximately five years, and has been employed at the same job for four years. Defendant has two children who attend school regularly. The primary concern about criminality and possible recidivism or failure to meet the guidelines of PTI/probation is her association with Mr. Bowmwer. Offender acknowledges this concern and has indicated her intention to break off her relationship with Mr. Bowmer. Offender does not have strong family ties to the community, but has maintained residency and employment here for several years.

Recommendations

Given her lack of a significant criminal history, the absence of substance abuse issues and her willingness to make restitution, Ms. Kenner appears to be an appropriate candidate for pretrial intervention. Regular drug testing is not indicated for Ms. Kenner under such PTI supervision, though testing for suspicion/cause is indicated. It is the recommendation of this department that Ms. Kenner enter into an 18-month PTI program and that a 18-=day restitution schedule be established. If Ms. Kenner completes restitution in the appropriate time and has no further contact with law enforcement for nine months, her PTI may be terminated early pending approval from her supervising case worker.

Offender may qualify for a number of programs related to education and job training and child and after-school care. If offender is accepted into PTI her supervising case worker can work with offender to determine eligibility, complete applications, etc.