1. Probation, Parole, and Community Corrections
Chapter 11
Probation, Parole, and Community Corrections
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2. Persons Under Correctional Supervision in the U. S
Persons Under Correctional Supervision in the U.S. by Type of Supervision
Source: Probation and Parole in the United States (Washington, D.C.: Bureau of Justice Statistics, August 1999)
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3. Probation
A sentence of imprisonment that is suspended. Also, the conditional freedom granted by a judicial officer to an adjudicated or adjudged adult or juvenile offender, as long as the person meets certain conditions of behavior.
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4. Probation
History
England ’s
English courts began the practice of “binding over for good behavior.”
Offenders were placed in the custody of willing citizens.
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5. Probation History John Augustus (1784 - 1859) United States
Boston shoemaker who observed court proceedings and volunteered to take home drunkards.
He was considered the world’s first probation officer.
By the time Augustus passed away, he had supervised over 2,000 offenders.
History
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6. Probation History Massachusettes - 1878
passed legislation establishing first paid probation officer position
Missouri
Vermont
Rhode Island
By 1925, all 48 states had legislation.
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7. Probation Probation is the most commonly used form of sentencing.
20-60% of guilty individuals placed on probation.
In 1980, over 1,000,000 individuals were on probation.
In 2002, over 3,800,000 individuals were on probation.
As of 1/1/2001, 59% of those under correctional supervision were on probation.
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8. Probation Bureau of Justice Statistics study (2001)
The following were placed on probation:
5% of convicted murderers
21% of convicted rapists
12% of convicted robbers
30% of convicted burglars
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9. Probation 59% of individuals on probation complete it successfully.
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10. Probation Conditions obey laws maintain employment
remain within jurisdiction
allow probation officer to visit home or work place
pay whatever court ordered fines exist
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11. Probation Conditions
Depending on the case, a judge may add some or all of the specific conditions listed below:
surrender driver’s license
submit to warrantless searches
not use/possess or control any illegal drugs
supply breath, urine, and/or blood specimens
successfully pass G.E.D. test
not keep company with certain individuals
participate in treatment programs
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12. Parole
The status of an offender conditionally released from a prison by discretion of a paroling authority prior to the expiration of sentence, required to observe conditions of parole, and placed under the supervision of a parole agency.
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13. Parole 1876 – began at Elmira Reformatory New York
used extensively in late 1800’s
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14. Parole parole boards grant paroles based on review of each case
considered “discretionary” parole
statutory decree
mandatory parole
automatic after offender serves certain amount of time
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15. Extent of Parole
Approximately 75% of those released from prison are placed on parole.
In 2001, 725,500 offenders were on parole at beginning of year.
42% of all parolees successfully complete parole.
26% returned to prison for violations.
12% returned to prison for new violations.
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16. Parole Conditions similar to probation conditions
must periodically report to parole officers
must maintain employment
ordered to pay fines and restitution
sometimes pay a “parole supervisory fee”
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17. Advantages of Probation and Parole
lower cost
increased employment
restitution
community support
reduced risk of criminal sanctions
increased use of community services
increased opportunity for rehabilitation
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18. Disadvantages of Parole
relative lack of punishment
increased risk to community
increased social costs
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19. The Legal Environment Griffin v. Wisconsin (1987)
Supreme Court ruled that probation officers may conduct searches of a probationer’s residence without a search warrant or probable cause.
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20. The Legal Environment Mempa v.Rhay (1967)
Supreme Court held that in probation revocation decisions, both notice and a hearing were required and probationer should have opportunity to be represented by counsel.
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21. The Legal Environment Morrissey v. Brewer (1972)
U.S. Supreme Court held that parole revocation proceedings require the following:
written notice of specific alleged violation
evidence of violation be disclosed
impartial body to be responsible for hearing
chance to offer defense
right to cross examine witnesses
written statement of outcome
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22. The Legal Environment Gagnon v. Scarpelli (1973)
U.S. Supreme Court held that probationers were entitled to two hearings.
The preliminary hearing determines whether or not there is probable cause.
The somewhat more comprehensive hearing takes place prior to making final revocation decision.
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23. Probation/Parole Officers
1996
43,198 probation/parole officers in U.S. at state level
approximately 2,500 federal officers included in above number
Functions:
presentence investigations
intake procedures
needs assessment/diagnosis
supervision of clients
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24. Probation/Parole Officers
Problems/Difficulties with Job
large caseloads
lack of job mobility
career advancement
two models of job that conflict
social work model – stresses service role
correctional model – stresses control
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25. Indeterminate Sanctions
The use of less, or non-traditional, sentences in lieu of imprisonment.
Types:
split sentencing
shock probation/parole
shock incarceration
mixed sentencing and community service
intensive supervision
home confinement and electronic monitoring
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26. Indeterminate Sanctions
Split Sentencing
A combination of brief incarceration followed by probation.
It is frequently used with minor drug offenders.
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27. Indeterminate Sanctions
Shock Probation/Parole
Offender is sentenced to prison.
Offender is allowed to apply for probationary release.
Offender usually does not know s/he will be released and expects to serve a long prison sentence.
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28. Indeterminate Sanctions
Shock Incarceration
It is mainly used for first time offenders.
It makes use of “boot camp” to demonstrate reality of prison life.
Boot camp involves strict discipline and physical training.
Programs typically last from days.
Approximately 32 states have such programs.
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29. Indeterminate Sanctions
Mixed Sentencing and Community Service
community service – can include the washing of police cars, cleaning graffiti, refurbishing public facilities, etc.
requires offenders to spend weekends in jail while being free during week to pursue education or employment while under supervision of probation officer
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30. Indeterminate Sanctions
Intensive Supervision
Georgia (1982) first to use intensive supervision
form of probation that requires frequent face-to-face contact with probation officer
involves 5 face-to-face contacts per week
mandatory curfew
required employment
weekly check of local arrest records
unannounced drug testing
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31. Indeterminate Sanctions
Home Confinement and Electronic Monitoring
sometimes called “house arrest”
may leave home in medical emergency
used with pregnant women, geriatric offenders with special needs and/or terminally ill offenders
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32. Future of Probation and Parole
many problems and criticism of both probation and parole
issue of regaining “the public’s trust that probation and parole can be meaningful, credible sanctions”
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