Introduction
Probation services refer to the supervised release of individuals convicted for a crime during which they are expected to adhere to pre-determined terms and conditions such as undergoing treatment, avoiding certain individuals or places, and regular reporting (Harris, 2022). Parole refers to releasing convicts before their sentence period elapses, during which a public officer or the community supervises them. Substance abuse and addiction are prevalent within criminal justice systems worldwide, with most individuals on probation struggling with dependence on drugs such as alcohol, opioids, and other substances of abuse. Probation officers are tasked with maintaining the intricate balance between upholding the law and justice and fostering rehabilitation. This report will delve in-depth into the intersection of substance abuse and ethical probation services and establish how it impacts professional and ethical responsibilities.
Summary of Substance Abuse and Probation
Substance abuse is a vast subject that entails the interplay of individuals, families, communities, correctional services, and healthcare systems. Elkington et al. (2020) postulate that in the US, justice-involved youth (JIY) have high rates of substance abuse, with 25-50% incidence of a substance use disorder (SUD) compared to the general population youth with an incidence rate of 4.0%. Additionally, substance abuse is associated with an increased level of criminality due to habitual use, a propensity toward chaotic behavior, and a higher risk of relapse. This phenomenon makes drug users difficult to handle in treatment owing to the higher risk of breaching the terms and conditions of their probation. Some of the common drugs involved include alcohol, opioids, cannabis, and methamphetamines, and this causes individuals toward a higher propensity to display impulsive behavior. Thus, it is not surprising that most individuals on probation have substance use disorders, and the co-occurrence rate is very high.
Moreover, addiction refers to the physical dependence on a drug, and this has negative implications when individuals are unable to obtain the said drugs owing to unavailability or financial constraints. In this case, individuals tend to engage in criminal behavior or violate the law in order to get hold of drugs. This phenomenon creates a vicious cycle of crime and subsequent punishment, and this cripples rehabilitation services. Alcohol is one of the common drugs of abuse and is readily available in most localities. It comes in different forms, such as beers, spirits, whiskeys, or wines. The alcohol percentage in these preparations also differs, and so do the effects of their use. The use of alcohol results in impaired cognitive function, and this explains why individuals are advised not to drink and drive or operate machinery as their executive function is impaired. Other substances of abuse may have similar effects, and these include cannabis, opioids, and cocaine. The use of these substances may cause individuals to violate their probation terms and conditions or even engage in new forms of criminal behavior.
Addiction also tends to impair cognitive abilities, thus hindering proper executive function, and this culminates in poor decision-making and a high propensity to violate probation terms and engage in subsequent criminal behavior. As probation officers, we are expected to enforce court orders and decisions, and substance abuse poses a major stumbling block in this endeavor (Ball & Parker, 2022). Usually, probation terms encompass abstinence from alcohol and associated drugs, and this is difficult to enforce when probationers have access to the said drugs along with the influence of their peers. Addiction is a medical disorder, and mitigating it is just not a matter of having the willpower to quit drugs for good. The use of substances of abuse may orchestrate impulsive or aggressive behavior, posing a risk to the safety of the patients themselves and those around them. This makes the task more complicated for probation officers as they endeavor to be impartial to ensure rehabilitation and law enforcement.
Probation officers must balance enforcement of orders and rehabilitation through treatment, and this is designed for disaster if the root causes of addiction are not addressed. This can result in frustration on the part of probation officers, while probationers may resort to resentment for the entire process (Moore et al., 2022). In addition, the baseline platform in probation is not equitable for all individuals, with the treatment costs, transportation, and family responsibilities impacting the program for some patients negatively. Also, developing a working relationship and good rapport with the patients from the outset is integral in fostering better patient outcomes. However, this relies on building trust with patients. In substance abuse disorders, this is not easy to attain as officers have to balance confidentiality on the one hand with reporting violations of the terms of probation on the other and the potential harm to oneself and others. The tapestry of all these factors adds to the complexity of probation in substance abuse and addiction cases.
Morality, Ethical Standards, and Professional Responsibilities
As a probation officer, I must respect and follow moral and ethical standards when executing my duties and responsibilities. The American Probation and Parole Association has developed a code of ethics that officers should uphold. It entails rendering professional service to the justice system and communities at large, upholding the law with dignity while recognizing one’s responsibilities to offenders and the rights of the general public to be safeguarded from criminal activity, respecting the rights of all persons along with cooperating with colleagues and related agencies in upholding professional competence and respect for policy and procedures. All officers pledge allegiance to these guidelines, and this is integral in ensuring best practices in correctional services. I am committed to upholding them in all my duties. My values are in alignment with this code of Ethics.
When working with substance abuse and addiction patients, I strive to ensure fairness and respect and promote positive and meaningful change. Fairness ensures that I give all clients a clean slate without judgment or prejudice due to their past actions or circumstances. This coincides with Carl Rogers’ sentiments in his humanistic theory of psychology to accord all patients unconditional positive regard, which is helpful in making patients feel valued and cared for (Kim et al., 2020). Thus, I accord all clients due respect to afford them human dignity, and this comes in handy in cultivating viable therapeutic relationships that foster positive change. Also, fairness ensures that I am cognizant of the unique needs of each patient in line with the severity of their addiction, underlying causes, and client needs. This ensures the action is individualized to the patient’s needs and preferences. Overall, the goal is to assist patients in embarking on a positive change process to steer clear of addiction and strive to become resourceful and law-abiding members of society. This upholds the integrity of the criminal justice system while creating a thriving society.
The professional responsibilities of probation officers entail the responsibilities and duty to the clients, the justice system, and the communities they serve. For instance, officers must undertake a comprehensive assessment of each patient under their care to establish their needs, develop tailor-made supervision plans, and undertake routine monitoring to ensure compliance with court orders and rehabilitation and reintegration into society. In addition, officers are responsible for ensuring coordination of treatment services by collaborating with healthcare providers and social service agencies to ensure that all patient concerns are addressed. All the programs should be documented, and timely reports should be presented to the justice system. Probation officers are responsible for keeping accurate records and assuming responsibility for their actions.
Case Scenario: Supporting Rehabilitation with Ethics
A case of a patient, J.D., who had a history of substance abuse and was convicted for being found in possession of cocaine by the Drug Enforcement Administration (DEA). In this case, there is the intersection of the active history of substance abuse and the probationary status of the probationer. In addition, the client expresses her burning desire to recover and overcome her addiction status but faces financial hardships and childcare responsibilities. This case highlights the probation officer’s role as ignoring the underlying patient’s needs would impair her recovery, and this would be contrary to the ethical requirements for fostering meaningful change. Hence, I have a legal duty of care to the patient to facilitate access to the requisite resources to enhance her recovery and support throughout the therapeutic journey.
Professional Role in Action
The initial course of action is to undertake a comprehensive patient assessment to establish patient needs by collecting all the pertinent data. This calls for apt interpersonal skills to build a good rapport and gauge her needs in line with the severity of her presentation (Alward, 2022). Also, patient preferences should be ascertained, and this will be vital in fostering compliance and informed consent in treatment. Patient-centered treatment is critical in ensuring better patient outcomes, and it is enshrined in the need to empower patients to be proactive in their healthcare needs. this requires informed patients who are conversant with their situation. The process entails shared decision-making and collaboration with the patient to ensure that they feel partisan in their treatment process, fostering meaningful change.
Moreover, the next step is to refer JD to available resources such as affordable treatment modalities like medication-assisted treatment (MIT) and support groups. The treatment plan should consider social determinants of health, such as socioeconomic status, as they influence the observed outcomes. Support groups will connect the patient to social workers and other relevant community resources to assist in childcare. Advocacy also needs to champion the patient’s needs in creating avenues to incentivize the court fees and ensure that the patient does not miss out on getting justice. The patient states that she has childcare responsibilities, and the supervisor should consider this role to ensure flexibility and alternative reporting schedules for convenience.
Also, there should exist open communication with the treatment team of JD to monitor progress, address patient concerns, and make adjustments to the supervision plan as appropriate as long as there is no risk of violating the relevant court orders (Norman et al., 2022). When ethical dilemmas arise, such as the case of positive drug tests or missed treatment appointments, the situation should be approached when factoring in all the associated factors to ensure accountability and fairness, thus striking a balance between law enforcement measures and rehabilitation.
Intended Outcome
The goals, in this case, are multifaceted. First and foremost, it is to facilitate JD’s rehabilitation and thus prevent relapse and recidivism on the part of the patient. The initiated intervention mechanisms aim to ensure the overcoming of the current addiction and prevent future criminal activity. This touches on addressing the predisposing and associated factors to the addiction. For instance, their low socioeconomic status is likely to be contributing to criminal activity by selling drugs in an attempt to generate additional income to meet their financial obligations. There is a need to assist the client in securing a legitimate source of income by contacting employment agencies and facilitating vocational training that will equip the client with skills that will increase her capacity to secure a job. All these initiatives resonate to improve the quality of life for the patient by ensuring personal growth and healthier relationships by associating with colleagues and other well-wishers.
At the time, there is a need to provide a social safety net and financial assistance until the patient becomes financially stable and independent. Moreover, the processes aimed at ensuring public safety by addressing the addiction lowers the likelihood of future criminal activity as the client reintegrates into the wider society. Every individual deserves to be treated fairly and allowed to pursue their goals in personal development. Ensuring access to resources gives JD a fair chance to embark on meaningful change and steer her personal life on the right path. This is in line with the patient’s rights to be respected and receive fair treatment and a chance to have a brighter future. Also, the move to ensure flexibility in the supervision plan ensures that child rights are upheld and the mother is available to her young child.
Protecting Probationer Rights and Guarantee for Dignity and Respect
The initial step is educating patients on their rights and personal freedoms as enshrined in the Bill of Rights. I will ensure that the client understands that they have a right to be heard and that their consent should be sought before any procedures are performed. In this line, I will advise the patient to seek clarification on any issue she does not understand properly. Also, the opportunity to be heard should be heard is integral, and this encompasses the right to legal counsel in any court proceedings. The client’s level of understanding regarding their probation conditions, treatment guidelines, and the liable consequences in case of violations.
Additionally, I will ensure that the patient understands what the law states on possession of substances of abuse and the right not to provide any self-incriminating evidence. Clients should also be accorded the right to an appeal process whenever they disagree with the court process. Overall, the client should have a voice on all pertinent issues, which should not be denied.
Also, there is a need to create a supportive environment where the patient can be heard and supported without prejudice or discrimination. In this environment, I would employ communication strategies such as active listening, empathy, and non-verbal cues to capture patient concerns (Snacken, 2021) promptly. For example, I would note when the patient feels uncomfortable to shift the conversation and ensure we are on the same page. Client-centered communication ensures that patients take ownership of their recovery journey and ensures accountability on their part to be committed to undertaking meaningful change.
There is a need to view the client with utmost respect and dignity in all instances, and this entails steering all processes to focus on the treatment goals, which remain paramount. All information collected should be utilized to support the recovery journey and customize the interventions to meet the patient’s needs better. Information obtained should never be utilized for punitive purposes, which would violate the patient’s rights. Also, confidentiality should be cultivated and upheld from the outset to build trust with the client and enable them to express all their concerns. However, this does not translate to absolute secrecy, which can be violated when the patient poses a threat to themselves or others and when the court orders the disclosure of information.
In addition, dignity ensures that the probation officer does not assume a one-size-fits-all approach when attending to the client. There is a need to institute measures that reflect the patient’s cultural practices and religious beliefs, as this will be more effective in addressing patient needs. Cultural differences impacting individual perspectives on addiction treatment should be identified and acted upon. Also, alternative reporting strategies should be integrated to accommodate childcare and employment needs. For instance, phone check-ins and online reporting should be considered to impart flexibility in treatment and prevent overhead costs that may impair the affordability of requisite resources. Also, there is a need to lobby and advocate for resources to support the patient in overcoming financial barriers and gaining access to quality healthcare. If there are options for getting pro bono legal counsel and incentives on the court fees, the patient should benefit from them. Overall, respecting and upholding the probationer’s rights is the cornerstone of ensuring justice and building patient trust to create an effective justice system that prioritizes rehabilitation alongside accountability (Weber, 2024).
Balancing Ethics and Legality
I will ensure strict adherence to the legal and ethical standards that enshrine the provision of probation services. This entails adherence to the code of ethics developed by the American Probation and Parole Association (APPA). Also, I will ensure that ethical principles such as beneficence, autonomy, and confidentiality are upheld to retain sensitive information and respect the client’s right to privacy. Conflict of interest can arise, and I will remain diligent in avoiding compromising myself and ensuring that I am impartial in all my dealings. Thus, I will always ensure honesty, integrity, and transparency to cultivate best practices in my responsibilities. Additionally, I will exercise the utmost regard for legal requirements that underpin the profession, such as court orders, laws, and regulations. In this regard, I will ensure that probationers remain informed on their legal rights and responsibilities to foster compliance with all guidelines (Tidmarsh, 2022).
Moreover, I will strive to participate in lifelong learning and continuous improvement to remain versed in recent professional developments. These include new law requirements and trends in probation to ensure best practice. This entails active participation in forums for professional development, such as workshops, seminars, and conferences on such issues as innovation in probation services and ethical decision-making. These forums offer room to reflect on current practice, knowledge, and skills to impart the capacity to navigate challenges in probation. Additionally, I can regularly audit past cases to determine if I acted by legal and ethical standards and make appropriate adjustments. Overall, no one is immune to errors, and there is a need to have a supervisor, mentor, or regulatory agency upon which one will be making case reviews, performance evaluations, and quality assurance to ensure that all activities are meeting the highest standards in probation practice (Beck & McGinnis, 2023).
In conclusion, substance abuse and addiction result in complexities within probation services by resulting in deep-set challenges. Probation officers are faced with the task of striking a balance between ensuring client rehabilitation and upholding the law when dealing with substance abuse and addiction patients. This report has enumerated the ethical considerations that can help navigate these challenges. The code of ethics developed by the American Probation and Parole Association is the cornerstone of providing probation services, and it should be upheld. Also, fairness and respect for probationers are vital in ensuring rehabilitation. The case of JD underscores the importance of cultivating ethical and legal considerations in practice. The underlying causes of addiction should be addressed along with ensuring access to pertinent resources that will foster better patient outcomes. Strategies to better meet patient needs include tailoring interventions in line with patient needs, building a good rapport from the outset, cultural competence, and a supportive environment. Strict adherence to legal codes and ethical principles ensures a just and effective probation system. Lifelong and continuous learning ensures professional development and best practices in probation.
References
Alward, L. (2022). Assessing the Relative Influence of Interpersonal Relationship Factors on Probationer Rule Compliance.
Ball, K., & Parker, L. (2022). Substance misuse services and probation 1: A fractured relationship. Probation, Mental Health, and Criminal Justice, 95-106.
Beck, P., & McGinnis, E. (2023). “Patience, Persistence, and Proportionality” Probation Officer’s Perspectives of Desistance in Practice. Probation Journal.
Elkington, K. S., Lee, J., Brooks, C., Watkins, J., & Wasserman, G. A. (2020). Falling between two systems of care: Engaging families, behavioral health, and the justice systems to increase uptake of substance use treatment in youth on probation. Journal of Substance Abuse Treatment, pp. 112, 49–59.
Harris, R. (2022). Crime, criminal justice, and the probation service. Routledge. https://doi.org/10.4324/9781003310556
Kim, J., Joseph, S., & Price, S. (2020). The positive psychology of relational depth and its association with unconditional positive self-regard and authenticity. Person-Centered & Experiential Psychotherapies, 19(1), 12–21. https://orcid.org/0000-0001-7171-3356
Moore, J., Renn, T., & Veeh, C. (2022). The metropolitan context of substance use and substance use disorders among US adults on probation or parole supervision. Substance abuse, 43(1), 161-170. https://doi.org/10.1080/08897077.2021.1903651
Norman, E. M., Wilson, L., Starkey, N. J., & Polaschek, D. L. (2022). How probation officers understand and work with people on community supervision sentences to enhance compliance. Probation Journal, 69(4), 472-492.
Snacken, S. (2021). Human dignity and prisoners’ rights in Europe. Crime and Justice, 50(1), 301–351.
Tidmarsh, M. (2022). Professional legitimacy, identity, and practice: Towards a sociology of professionalism in probation. The British Journal of Criminology, 62(1), 165–183.
Weber, A. (2024). Human Dignity. In Writing Constitutions: Volume 2: Fundamental Rights (pp. 73–104). Cham: Springer International Publishing. https://doi.org/10.1007/978-3-031-39622-9_1
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