CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Probation, Parole, and Community Corrections CHAPTER 10

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Offenders Under Correctional Supervision in the U.S. by Type of Supervision

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Probation

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Probation: … a sentence of imprisonment that is suspended. Also, the conditional freedom granted by a judicial officer to a convicted offender, as long as the person meets certain conditions of behavior.

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Probation English courts began the practice of “binding over for good behavior.” Offenders were placed in the custody of willing citizens. History: England during 1300s

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Probation John Augustus ( ) 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: United States

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Probation Massachusetts passed legislation establishing first paid probation officer position Missouri Vermont Rhode Island By 1925, all 48 states had similar legislation. History: United States

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Probation Probation is the most commonly used form of sentencing % of guilty individuals placed on probation. In 1980, over 1,000,000 people were on probation. In 2002, over 3,900,000 people were on probation. As of 1/1/2001, 59% of those under correctional supervision were on probation.

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Probation Bureau of Justice Statistics (2001) The following were placed on probation: 5% of convicted murderers 21% of convicted sex offenders 12% of convicted robbers 30% of those convicted of aggravated assault

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Percentage of Convicted Felony Offenders Receiving Probation Source: Felony Sentences in the United States (Washington, D.C.: Bureau of Justice Statistics, 1999)

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Probation 60% of persons on probation complete it successfully.

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ obey laws maintain employment remain within jurisdiction allow probation officer to visit home or work place pay court ordered fines Probation Conditions

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Depending on the case, a judge may add some or all of these specific conditions: 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 socialize with certain people participate in treatment programs Probation Conditions

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Parole

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Parole: … the status of an offender conditionally released from prison by a paroling authority prior to the expiration of sentence, required to observe conditions of parole, and placed under the supervision of a parole agency.

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Parole 1876 first used at Elmira Reformatory, New York used extensively in late 1800s

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ parole boards grant paroles based on review of each case considered “discretionary” parole 2.statutory decree mandatory parole automatic after offender serves certain amount of time Parole

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Extent of Parole Approximately 75% of those released from prison are placed on parole. In 2002, 732,350 offenders were on parole at start of year. 42% of all parolees successfully complete parole. 26% returned to prison for violations. 12% returned to prison for new violations.

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Parole Boards in the U.S.

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ similar to probation conditions must periodically report to parole officer must maintain employment must pay fines and restitution must sometimes pay a “parole supervisory fee” Parole Conditions

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Federal Probation authorized probation in federal courts allowed for one probation officer per federal judge 1925 National Probation Act

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Federal Parole Federal parole decisions are made by the U.S. Parole Commission. Commissioners consider an inmate’s readiness for parole. The U.S. Parole Commission must be periodically recertified by Congress.

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ low cost increased employment restitution community support reduced risk of criminal sanctions increased use of community services better rehabilitation opportunities Advantages of Probation and Parole

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ relative lack of punishment increased risk to community higher social costs Disadvantages of Parole

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ The Legal Environment

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ The Legal Environment Supreme Court ruled that probation officers may conduct searches of a probationer’s residence without a search warrant or probable cause. Griffin v. Wisconsin (1987)

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ The Legal Environment Though the 4 th Amendment normally provides for privacy, probation “presents special needs beyond normal law enforcement that may justify departures.” Griffin v. Wisconsin (1987)

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ The Legal Environment At 17, Mempa had been placed on probation for riding in a stolen car. His probation was revoked and he was sent to prison. Months later he was accused of burglary and he admitted committing the offense. Mempa v. Rhay (1967)

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ The Legal Environment U.S. Supreme Court held that in probation revocation decisions both notice and a fair hearing are required and probationer must have the opportunity to be represented by counsel. Mempa v. Rhay (1967)

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ The Legal Environment U.S. Supreme Court held that parole revocation proceedings require the following: written notice of specific alleged violation disclosure of evidence of violation an impartial hearing body opportunity to offer a defense a right to cross examine witnesses a written statement of the outcome Morrissey v. Brewer (1972)

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ The Legal Environment Gagnon pled guilty to armed robbery and received 7 years on probation. Soon after beginning probation he was arrested for burglary. He confessed to burglary and his probation was revoked without a hearing. Gagnon v. Scarpelli (1973)

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ The Legal Environment U.S. Supreme Court held that probationers are entitled to two hearings. A preliminary hearing to determine whether or not probable cause exists. A more comprehensive hearing prior to the final decision about revocation. Gagnon v. Scarpelli (1973)

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ The Legal Environment Gagnon, who was indigent, had requested an appointed attorney. The Supreme Court held that an indigent offender on probation has a right to an attorney if he: Claims that he did not commit the alleged violation, or Has substantial mitigating evidence to explain the violation. Gagnon v. Scarpelli (1973)

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Probation/Parole Officers 43,198 probation/parole officers in U.S. at state level approximately 2,500 federal officers included in above number Functions 1. presentence investigations 2. intake procedures 3. needs assessment/diagnosis 4. supervision of clients 1996

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Problems/Difficulties with Job: large caseloads lack of job mobility few career advancement opportunities conflicting models of the job: —social work model (stresses service role) —correctional model (stresses control) Probation/Parole Officers

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Intermediate Sanctions

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ The use of non-traditional sentences in lieu of imprisonment and fines, including: split sentences shock probation/parole shock incarceration mixed sentences and community service intensive supervision home confinement and electronic monitoring Intermediate Sanctions

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Split Sentencing: … a combination of brief incarceration followed by probation. Frequently used for minor drug offenders.

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Shock Probation/Parole: Offender is sentenced to prison. Offender is allowed to apply for probationary release. Offender usually does not know if he will be released and expectsto serve a long prison term.

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Shock Incarceration: Makes use of “boot camps” to demonstrate reality of prison life. Mainly used for first time offenders. Boot camps involves strict discipline and physical training. Programs typically last from days. Approximately 32 states have such programs.

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 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 the week to pursue education or employment while under probation supervision Intermediate Sanctions

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Intensive Supervision Georgia (1982) was first to use intensive supervision form of probation that requires frequent face- to-face contact with probation officer mandatory curfew employment required frequent check of local arrest records unannounced drug testing Intermediate Sanctions

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Home Confinement and Electronic Monitoring Sometimes called “house arrest” May leave home in emergency Used with some pregnant women, geriatric offenders with special needs, the terminally ill, and other special offender categories Intermediate Sanctions

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Many problems with and criticisms of both probation and parole Major Issue: regaining the public’s trust that probation and parole can provide meaningful and credible sanctions Future of Probation and Parole