12 CHAPTER Probation, Parole, and Community Corrections CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

What entity usually maintains authority over probationers? CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

What is the primary purpose of the pre-sentence investigation? CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

What percent of probationers have prior convictions? CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Why will probation continue to be the sentence of choice in both felony and misdemeanor cases? CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Intensive probation supervision, house arrest, electronic monitoring and restitution orders are called? CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Please choose one of the Intermediate sanctions and write a short paragraph. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Which intermediate sanction makes a jail term a condition of probation CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Describe the strengths and weaknesses of shock probation and split sentencing? CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

If any of us ever damaged a neighbor’s property unintentionally or intentionally, did we have to pay them back? Did our parents require that we did? Was it the right thing to do? Obviously this is called restitution. Our next question is, “Should convicted criminal make restitution to the victim? Why or why not? When is restitution inappropriate? CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

When we don’t follow the rules, sometimes we have to suffer the consequences in life. For every action there can be reaction. What happens when a probationer fails to follow the rules and becomes involved in a probation revocation? Does he or she have any rights? CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Fines and options to restitute are at the discretion of the trial judge in most cases. In view of this, let’s address our next question. “Should offenders be fined based on the severity of what they did or according to their ability to pay? Do you think it is fair to gear day fines to wages? Why or why not? Should offenders be punished more severely because they are financially successful? Explain. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Is probation used too often as a sentence Is probation used too often as a sentence? Should we establish strict guidelines to control judicial discretion when granting probation or when setting up the conditions of probation? CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

What is Community Corrections and what does it traditionally emphasized? CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Presently, how many offenders are serving a probation sentence? CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Can an offender, be convicted of a homicide and receive a probationary sentence? What percentage of convicted felons received probation? Please explain how or why? CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

What is the cost to monitor an offender on probation, versus the cost to incarcerate a convicted felon per year? CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

What is parole. What are the basis parole conditions for parolees What is parole? What are the basis parole conditions for parolees? Do you agree with those who argue to eliminate parole? Please explain? CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Community Corrections Also known as community-based corrections, community corrections: Refers to a wide range of sentences that depend on correctional resources available in the community. Permit convicted offenders to remain in the community under conditional supervision as an alternative to an active prison sentence. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Community Corrections Examples include the following: Probation Parole Home confinement Electronic monitoring CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Probation A sentence of imprisonment that is suspended; instead, the sentence is served while under supervision in the community. This is conditional freedom granted by a judicial officer to a convicted offender, as long as the person meets certain conditions of behavior. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

The Extent of Probation Probation is the most commonly used form of sentencing. 20-60% of guilty individuals are placed on probation. The number of offenders supervised yearly on probation increased from slightly more than 1 million people to over 4 million today. States vary with regard to extent of use. Even violent offenders may receive probation. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

There are two types of conditions: general and specific. Probation Conditions Probationers must abide by court-mandated conditions or risk probation revocation. There are two types of conditions: general and specific. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Probation Conditions General Conditions Apply to all probationers within the jurisdiction. Examples: Obey laws Maintain employment Remain within jurisdiction Allow probation officer to visit home or work place Pay court ordered fines Specific Conditions Judge-mandated for the specific probationer. Examples: Surrender driver’s license Pass GED test Do community service Curfew Complete a treatment plan CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Federal Probation Officers There are approximately 7,750 federal probation officers, also called community corrections officers. They have the statutory authority to arrest probationers for a violation, but are encouraged to get an arrest warrant and have it executed by the U.S. Marshals. Some carry weapons. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Parole Parole—a prisoner reentry strategy in which inmates receive supervised conditional early release from correctional confinement. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Parole vs. Probation Parole Probation Offenders spend time incarcerated before release. Parole is an administrative decision made by paroling authority. Parolees must abide by conditions or risk revocation. Probation Probationers generally avoid prison time. Probation is a sentencing decision made by a judge. Probationers must abide by conditions or risk revocation. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Parole Decision-Making Mechanisms: Two Approaches Parole Boards Grant discretionary parole based on judgment and assessment by parole board. Statutory Decrees Produce mandatory parole, with release date set near sentence end, minus good time. * More common CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Extent of Parole There’s a growing reluctance to use parole. Only 25% of parolees are released via discretionary parole. Mandatory parole releases have increased 91% since 1991. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Extent of Parole At the start of 2006, 784,408 offenders were on parole. States vary considerably in their use of parole. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Extent of Parole Of all parolees: 46% successfully complete parole. 26% return to prison for parole violations. 11% return to prison for new CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Parole Conditions In discretionary parole jurisdictions, the conditions of parole are similar to probation conditions. Violations may result in parole revocation. Examples of conditions include: Periodically reporting to parole officer Maintaining employment Paying fines and restitution Sometimes paying a “parole supervisory fee” CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Advantages and Disadvantages of Probation and Parole Low cost Increased employment Restitution Community support Reduced risk of criminal sanctions Increased use of community services Better rehabilitation opportunities Disadvantages Relative lack of punishment Increased risk to community Higher social costs Discriminatory and unequal effects CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

The Legal Environment 2009 Pearson Education, Inc

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. Though the 4th Amendment normally provides for privacy, probation “presents special needs beyond normal law enforcement that may justify departures.” CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Sampson v. California (2006) The U.S. Supreme Court found that the Fourth Amendment does not prohibit police officers from conducting a warrantless search of a person who is subject to a parole search condition, even when there is no suspicion of criminal wrongdoing and the sole reason for the search is because the person is on parole. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Revocation hearing—a hearing used to determine whether a parolee or Revocation Hearings Revocation hearing—a hearing used to determine whether a parolee or probationer has violated the conditions and requirements of his or her parole or probation. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Mempa v. Rhay (1967) 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. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Morrissey v. Brewer (1972) 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 CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Gagnon v. Scarpelli (1973) 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. Those hearings were to be done under the conditions specified in Morrissey. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

The Job of Probation and Parole Officers Job Functions 1. Presentence investigations 2. Intake procedures 3. Needs assessment/diagnosis 4. Supervision of clients Job Challenges 1. Balancing conflicting roles 2. Large caseloads 3. Frequent lack of opportunities for upward mobility 4. Stress CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

What are Intermediate Sanctions? CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Intermediate Sanctions The use of non-traditional sentences in lieu of imprisonment and fines. These sentences offer alternatives that fall somewhere between simple probation and outright incarceration. Also called alternative sentencing strategies. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Types of Intermediate Sanctions Examples include: Split sentences Shock probation/parole Shock incarceration Mixed sentences and community service Intensive supervision Home confinement and electronic monitoring CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Advantages of Intermediate Sanctions There are three distinct advantages: Less expensive, per offender, than prison They are “socially cost effective” Provide flexibility in terms of resources, time, and place CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Split Sentencing Split sentencing involves a combination of brief incarceration followed by probation. Frequently used for minor drug offenders. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Shock Probation/Parole With shock probation, offender is sentenced to prison and is allowed to apply for probationary release. Offender usually does not know if he will be released and expects to serve a long prison term. Shock parole is similar, but the decision is administrative rather than judicial. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Shock Incarceration Shock incarceration programs use “boot camps” to demonstrate reality of prison life. Mainly used for first time offenders. Involves strict discipline and physical training. Programs typically last from 90-180 days. “Failures” return to general prison population. Appear “tough on crime,” but research shows negligible impact on recidivism rates. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Mixed Sentencing Mixed sentencing—a sentence that required that a convicted offender serve weekends in a confinement facilities while undergoing probationary supervision in the community. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Community Service Community service—requires offenders to spend time working for a community agency. Services can include washing of police cars, cleaning graffiti, and refurbishing public facilities. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Intensive Supervision Intensive probation supervision (IPS) is a the strictest form of probation. Frequent face-to-face contacts with probation officer Mandatory curfew Employment required Frequent check of local arrest records Unannounced drug testing CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Home Confinement and Electronic Monitoring Home confinement—“house arrest”—is sometimes combined with electronic monitoring. People may be allowed to leave during work hours and in emergencies. Frequently used with certain types of offenders: pregnant women, geriatric offenders the terminally ill CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Future of Probation and Parole Criticized by many citizen groups, academics, some government officials, and even some prisoners. “Get tough” attitudes have resulted in a decreased use of probation and parole. Parole advocates caution that eliminating parole can lead to public safety issues and wasting tax dollars. Some jurisdictions are moving toward a system of reentry courts with judges acting as reentry managers. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Reinventing Reentry Most inmates will be released back into society. Barriers to successful reentry need to be addressed, including: Substance abuse Lack of education Poverty Diminished opportunities for employment Physical or mental disabilities CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Reinventing Reentry Successful reentry requires a multi-faceted, collaborative approach involving people and groups throughout the community, including: Corrections Public health workers State legislators Housing providers Workforce development staff CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458