Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Welcome to Unit 8! Congratulations on completing 8 weeks so far! 1 more seminar and only 2 more weeks left. Look at your gradebook and make sure you’re getting credit for assignments you’ve completed.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Unit 9 Assignment – Unit 9 starts on Wednesday. Assignment - Check the Syllabus and Unit 9 for guidelines! Write a 3-page paper that answers all 3 of the following questions: How does our correctional system punish offenders? How does our correctional system rehabilitate offenders? Which method is more effective in reducing crime, punishment or rehabilitation? Explain your choice. You are required to use at least three (3) references for this paper. You are required to access the Kaplan Library for at least one of your references. Another reference can be your text from this class, and the third reference can come from an acceptable online academic resource. Note: Wikipedia (and any of its related web sites) is not an acceptable academic resource and may not be used for this paper. Be sure to list your sources on your reference page. Submit your paper to the Dropbox by the end of Unit 9.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] What should you learn in this unit? The differences between probation and parole. The legal environment of the probation and parole systems. The role of probation and parole officers. The current use and likely future of probation and parole

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Make sure you… Read Chapter 12 Participate in the Discussion Complete Quiz Attend Seminar Visit Take A Break View the PowerPoints for Chapter 12 Turn your Unit 8 assignments in by Tuesday at Midnight.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Corrections Chapter 12 Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Community Corrections Examples include the following: – Probation – Parole – Home confinement – Electronic monitoring

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] History of Probation English Roots: –By the fourteenth century, English courts began the practice of “binding over for good behavior,” in which offenders were placed in the custody of willing citizens.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] History of Probation In the U.S.: –The first probation officer was John Augustus ( ), a Boston shoemaker who observed court proceedings and volunteered to take home drunkards. He supervised over 2,000 offenders. That’s quite the volunteer! –In 1878 Massachusetts enacted a statute that provided for the first paid probation officer. By 1925, all states and the federal government had similar legislation.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] The Extent of Probation Probation is the most commonly used form of sentencing % 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. How does that make you feel?

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] What is Parole? Parole—a prisoner reentry strategy in which inmates receive supervised conditional early release from correctional confinement.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Parole vs. Probation Parole –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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Parole Decision-Making Mechanisms: Two Approaches Parole Boards –Grant discretionary parole based on judgment and assessment by parole board. –Our detectives give testimony to parole boards to keep sex offenders locked up Statutory Decrees –Produce mandatory parole, with release date set near sentence end, minus good time. –* More common

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Extent of Parole Of all parolees: –44% successfully complete parole. –26% return to prison for parole violations. –11% return to prison for new violations. –37% fail and re-offend or violate conditions

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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. Are you getting an idea on the immense size of the criminal justice system? = job opportunities!

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Advantages and Disadvantages of Probation and Parole Advantages 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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 4 th Amendment normally provides for privacy, probation “presents special needs beyond normal law enforcement that may justify departures.” Poll – What do you think of a warrantless search?

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Pennsylvania Board of Probation and Parole v. Scott (1998) Supreme Court declined to extend the exclusionary rule to searches done by parole officers. Keith Scott had his house searched for weapons – weapons found and his parole was revoked. Held: The federal exclusionary rule does not bar the introduction at parole revocation hearings of evidence seized in violation of parolees’ Fourth Amendment rightsFourth Amendment

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] U.S. v. Knights (2001) Expanded the search authority normally reserved for probation and parole officers to police officers under certain circumstances. Issue. “[W]hether the Fourth Amendment limits searches pursuant to this probation condition to those with a ‘probationary’ purpose.”

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Knights case in detail Knight was convicted of a drug charge The terms of this probation, signed and agreed to by the respondent, would “submit his... person, property, place of residence, vehicle, personal effects, to search at anytime, with or without a search warrant, warrant of arrest or reasonable cause by any probation officer or law enforcement officer.” Subsequently, the respondent became a suspect in a series of 30 acts of vandalism against Pacific Gas & Electric after the company filed a theft-of-services complaint against the respondent and cancelled his service. Detectives began surveillance, and noted the respondent’s friend, Simoneau, drop what were believed to be pipe bombs into the Napa River. The detective also spotted explosive materials and other evidence connecting the respondent in Simoneau’s truck. The detective knew about the terms of probation, and searched the respondent’s house. More bomb- making materials were found in the house The balance of protecting citizens and observing probationers “requires no more than reasonable suspicion [under the Fourth Amendment] to conduct a search of this probationer’s house.”

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Outcomes of Revocation Hearings Annually, about 25% of parolees and of probationers have their conditional release revoked. Most are for: –Failure to report to probation or parole officer –Failure to participate in a stipulated treatment program –Alcohol or drug abuse while under supervision.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Morrissey v. Brewer (1972) U.S. Supreme Court held that parole revocation proceedings require the following: 1.Written notice of specific alleged violation 2.Disclosure of evidence of violation 3.An impartial hearing body 4.Opportunity to offer a defense 5.A right to cross examine witnesses 6.A written statement of the outcome

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Gagnon v. Scarpelli (1973) U.S. Supreme Court held that probationers are entitled to two hearings. 1.A preliminary hearing to determine whether or not probable cause exists. 2.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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Greenholtz v. Nebraska Penal Inmates (1979) Parole boards do not have to specify the evidence used in deciding to deny parole.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Bearden v. Georgia (1983) Probation cannot be revoked for failure to pay a fine and make restitution if it could not be shown that the defendant was responsible for the failure…alternative forms of punishment must be considered before imposing a prison sentence.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Minnesota v. Murphy (1984) A probationer’s incriminating statements to a probation officer may be used as evidence if the probationer does not specifically claim a right against self- incrimination.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] The Job of Probation and Parole Officers Job Functions –Presentence investigations (PSI) –Intake procedures –Needs assessment/diagnosis –Supervision of clients Job Challenges –Balancing conflicting roles –Large caseloads –Frequent lack of opportunities for upward mobility –Stress

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Split Sentencing Split sentencing involves a combination of brief incarceration followed by probation. Frequently used for minor drug offenders. Discussion board posts referred to drug offenders – prison overcrowding

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Shock Probation – Time.com “For many a first offender, the worst part of prison comes in those shocking first days behind bars. Stunned by the strip search on entering, the frightening, unfamiliar vastness of the prison and the long incarceration stretching ahead, the new inmate is overwhelmed. On the theory that the first taste of prison may have at least as much curative effect as the full dose, a few states, including Indiana and Ohio, have quietly been practicing what they call "shock probation." Shock Probation is designed to expose someone to prison, then release them on probation in the hopes that the initial shock will influence them to not re-offend. Read more: ixzz17AN9LDo1 ixzz17AN9LDo1

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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 days. –“Failures” return to general prison population. –Appear “tough on crime,” but research shows negligible impact on recidivism

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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. Also called ‘work release’

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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. What do you think of this? Good idea to have them give back to the community?

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Intensive Supervision Intensive probation supervision (IPS) is the strictest form of probation. –Frequent face-to-face contacts with probation officer –Mandatory curfew –Employment required (in this economy?) –Frequent check of local arrest records –Unannounced drug testing –In MN, ISP – Intensive Supervised Probation

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Future of Probation and Parole Criticized by many citizen groups, academics, some government officials, and even some prisoners. 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Changes in Reentry Policies 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Changes in Reentry Policies 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] The Serious Violent Offender Reentry Initiative (SVORI) reintegrating serious and violent offendersFunding for SVORI began in 2003, with the goal of successfully reintegrating serious and violent offenders: (do you want them back in the community?) –Phase 1—Protect and Prepare: Institution-Based Programs –Phase 2—Control and Restore: Community- Based Transition Programs. –Phase 3—Sustain and Support: Community- Based Long-Term Support Programs

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Reinventing Probation The “get tough” attitude of the 1990s increased funding for prisons but neglected to do the same for probation. Reinventing probation requires regaining public trust and reinvestment. What do you see as the future of probation?

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Thank you! Enjoy your week and get started on Unit 9 and the Unit 9 Paper. Let me know if you have any question, concerns, or problems. Rich Evans