Community Corrections

Community Corrections
Chapter 12 Community Corrections Copyright © 2018 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Chapter Objectives, 1 After completing this chapter, you should be able to do the following: Define community corrections, and identify the goals and responsibilities of community corrections agencies and their staffs Define probation, and summarize the research findings on recidivism rates Distinguish parole from probation Explain the functions of a parole board

Chapter Objectives, 2 Describe how intermediate sanctions differ from traditional community corrections programs Explain two major concerns about intensive-supervision probation and parole Explain what day reporting centers and structured fines are Explain what home confinement and electronic monitoring are

Chapter Objectives, 3 Identify the goal of halfway houses, and compare halfway houses with other community corrections programs Summarize the purposes and outcomes of temporary-release programs

Community Corrections: Definition and Scope, 1
Community corrections is the subfield of corrections in which offenders are supervised and provided services outside jail or prison

Community corrections includes the following: Diversion Restitution Probation Parole Halfway houses Provisions for temporary release from prison

Community corrections is a generic term Community-run programs are controlled by local governments Community-placed programs handle offenders in local agencies connected to state or federal authorities Community-based programs have a connection to central authority and a strong link to the surrounding community

Goals and Staff Roles, 1 Community corrections has traditionally emphasized rehabilitation as its goal Staff members of community correctional programs have two potentially competing roles that reflect different goals Seeing that offenders comply with the orders of community sentences Helping offenders identify and address their problems and needs

Goals and Staff Roles, 2 Provide services, such as counseling
In helping offenders identify and address their problems, staff do three things Provide services, such as counseling Refer offenders to community agencies for help Advocate greater availability of services

Goals and Staff Roles, 3 The dual roles of supervision and rehabilitation provide a potential conflict that some say puts undue stress on staff

Importance of Community Corrections
Other components of the criminal justice system depend on community programs because the courts and institutional corrections would be overwhelmed without them Note: At the end of 2015, approximately 4.7 million adults were on probation or parole compared to about 2.2 million in jail or prison At the end of 2015, 1 in 53 adults in the U.S. were under community supervision

Figure 12.1: Corrections Populations in the United States
Jump to long description

Probation Probation is the most frequently imposed criminal sentence in the United States Probation can be thought of as a type of posttrial diversion from incarceration Probation: A sentence in which the offender, rather than being incarcerated, is retained in the community under the supervision of a probation agency and required to abide by certain rules and conditions to avoid incarceration

Table 12.1: States with the Largest Probation Populations and the Highest and Lowest Rates of Persons under Probation Supervision, 1 States with the Largest Probation Populations Highest Rates of Supervision Lowest Rates of Georgia 432,235 5,570 New Hampshire 361 Texas 378,937 Rhode Island 2,822 West Virginia 478 California 263,531 Ohio 2,706 Utah 579 243,710 Idaho 2,675 Nevada 612 Florida 220,769 Minnesota 2,328 Maine 624 Pennsylvania 183,868 Michigan 2,276 New York 646

Table 12.1: States with the Largest Probation Populations and the Highest and Lowest Rates of Persons under Probation Supervision, 2 States with the Largest Probation Populations Highest Rates of Supervision Lowest Rates of Michigan 175,965 Indiana 2,236 Kansas 754 New Jersey 136,137 Delaware 2,098 Virginia 849 Illinois 263,531 Ohio 2,706 Utah 579 122,125 1,949 California 873 113,076 Colorado 1,860 Nebraska 882

Diversion Diversion: Organized, systematic efforts to remove individuals from further processing in criminal justice by placing them in alternative programs Diversion may be pretrial or posttrial

Probation, 1 There are five types of probation
Straight probation, with no form of incarceration Suspended-sentence probation, in which the offender can escape imprisonment by performing well on probation Split sentence - Jail time followed by probation supervision Shock probation - Prison and probation are the two sentences Residential probation, e.g., halfway house

Probation, 2 A probation agency has three fundamental objectives
Assist the court in matters pertaining to sentencing Promote community protection by supervising and monitoring the activities of persons on probation Promote the betterment of offenders by ensuring that they receive appropriate rehabilitation services

Historical Context Probation developed out of practices used under English common law Benefit of clergy: Accused individuals were allowed to appeal to the court for leniency in sentencing by reading from the Bible Judicial reprieve: A convicted offender could ask the judge to suspend the sentence on the condition that the offender display good future behavior

Historical Context of Probation
The “father” of probation was John Augustus, a Boston shoemaker In the 1840s, Augustus stood bail for select offenders and promised to monitor their activities and report to the judge His actions led to the first formal probation law in 1878 in Massachusetts

Probation Administration
Probation is administered in different ways across the nation The federal government administers its own probation system under the Administrative Office of the Courts Some states administer probation at the state level, while others do so at the local level

Process and Procedures in Probation
A probation sentence can be viewed as a process with three basic stages Placement of an offender on probation by a judge Supervision and service delivery for the probationer by probation officers Termination of the probation

Placement on Probation
In deciding whether an offender should be sentenced to probation, a judge considers the following: Statutes outlining eligibility for probation Structured sentencing guidelines Recommendations from the prosecuting and defense attorneys The offender’s freedom or detention in jail before and during trial Presentence investigation report Characteristics of the offender and offense

The Presentence Investigation
The main task of the presentence investigation (PSI) is to estimate the risk the offender presents to the community and to determine the offender’s treatment needs

Presentence Investigation (PSI), 1
Presentence investigation: An investigation conducted by a probation agency or other designated authority at the request of a court into the past behavior, family circumstances, and personality of an adult who has been convicted of a crime, to assist the court in determining the most appropriate sentence

The PSI report serves a variety of functions: It is useful in formulating supervision and treatment plans for probationers It serves as a baseline for progress reports on probationers It helps prison officials make decisions about an inmate It assists judges in making sentencing decisions

A controversial practice involves PSIs conducted by private individuals and agencies Advocates say the process reduces workload and saves money Opponents say it can discriminate against the poor

The Probation Order, 1 It is common for adults placed on probation for misdemeanor offenses to receive one- to two-year terms Those convicted of felonies and sentenced to probation generally receive longer terms (for example, 5 years)

The Probation Order, 2 There are two types of probation conditions
Standard (general) conditions apply to all persons on probation Special conditions are imposed at the discretion of the judge and probation officials and are designed to address the offender’s particular situation Probation conditions: Rules that specify what an offender is and is not to do during the course of a probation sentence

The Probation Order, 3 In recent years, it has become increasingly common for jurisdictions to include restitution orders as part of probation

Supervision and Service Delivery
Once offenders have been placed on probation, the probation agency must shift attention to supervision and service delivery Probationers are assigned to probation officers based on their needs and risks

Termination of Probation, 1
The probation agency makes recommendations to the court about how probation is to be terminated Probationers who have generally fulfilled the conditions of their sentences are recommended for successful discharges Probationers who have violated the conditions of probation may be recommended for revocation

Revocation Revocation: The repeal of a probation sentence or parole, and substitution of a more restrictive sentence, because of violation of probation or parole conditions

Revocation can be recommended for two general categories of violations Commission of new offenses Technical violations: Failure to abide by the technical rules or conditions of probation or parole (for example, not reporting regularly to the probation officer), as distinct from commission of a new criminal act Often, probation agents will give warnings or tighten probation conditions for minor crimes or technical violations

The U.S. Supreme Court has held that probation revocation is a two-step process An informal, preliminary inquiry to establish probable cause that a violation has occurred If probable cause is established, a formal court hearing to determine if the violation warrants revocation

At both stages, offenders have the right to the following: Notice of the hearing and charges Be present at the hearing Present evidence and witnesses A detached and neutral hearing body

The offender does not have an absolute right to counsel at revocation proceedings

Issues in Probation Probation is an evolving, changing field with many controversial issues, including the following: Probation fees Legal issues: Confidentiality and privacy Caseload and recidivism

Probation Fees Currently, an emerging trend is to have probationers pay fees to help offset the cost of their supervision and treatment Advocates point to the high costs of probation and say the majority of probationers can afford the fees Opponents charge that fees are unfair for indigent offenders, and the costs of collecting the fees can exceed the amount collected

Legal Issues: Confidentiality and Privacy, 1
Counseling is often an aspect of probation The U.S. Supreme Court has held that a counselor to whom a probationer has been referred can reveal information about a probationer’s illegal activities to the probation officer

Legal Issues: Confidentiality and Privacy, 2
Another issue is the conditions under which a probation officer may search a probationer’s home for evidence The U.S. Supreme Court has held that a search warrant based on probable cause is not required for a search of a probationer’s home

Caseload and Recidivism, 1
It is not unusual for probation officers in larger urban jurisdictions to have as many as 200 offenders in their caseloads Large caseloads have been criticized for contributing to recidivism

Large caseloads promote recidivism because of the inability of probation officers to provide sufficient supervision and services Smaller caseloads inflate recidivism numbers because of greater scrutiny of probationers’ activities

For several reasons, it is difficult to determine how effective probation is in controlling recidivism Deciding how to define recidivism Accurately determining whether it is the probation experience or some additional factor that is responsible for the recidivism

Recidivism figures associated with probation do not seem substantially higher or lower than those associated with incarceration

Parole, 1 There are two basic differences between probation and parole
Parole is not a court-imposed sentence Parole is used with persons leaving prison

Parole, 2 Parole: A method of prison release whereby inmates are released at the discretion of a board or other authority before having completed their entire sentences Parole can also refer to the community supervision received upon release

Parole, 3 Parole can be divided into two components
Parole release is the mechanism for releasing persons from prison Parole supervision is a community-based continuation of the prison sentence

Parole, 4 Probation and parole supervision have similar features:
Both involve specific rules and conditions that offenders must follow to avoid revocation Both entail providing offenders with supervision and services

Parole, 5 There are also important differences between probation and parole Parole rules and conditions are commonly stricter Officers tend to be less tolerant of violations committed by parolees Parolees often face greater adjustment problems

Parole, 6 There are two general types of parole
Straight parole: Offenders are released directly into the community under supervision Residential parole: Offenders serve part of the parole term in a community residential facility or halfway house

Parole, 7 There are four fundamental objectives of parole
To provide community safety To promote offender betterment and reintegration into society To relieve and contain prison crowding To control the behavior of prison inmates

Table States with the Largest Parole Populations and the Highest and Lowest Rates of Persons under Parole Supervision States with the Largest Parole Populations Highest Rates of Supervision Lowest Rates of Wisconsin 19,453 Missouri 376 Connecticut 104 Ohio 18,284 Mississippi 371 North Dakota 109

Historical Context of Parole
As with probation, parole emerged from earlier practices Tickets of leave were used in the mid-1800s in Australia and Ireland Inmates exhibiting good performance in prison could be granted tickets of leave, conditional on continued good behavior

Parole Administration
It is helpful to divide parole administration into two areas The parole board is responsible for release decisions The field service agency is responsible for supervision in the community As with probation, there are many differences between states in the way parole is administered and its level of autonomy

Process and Procedures in Parole
Besides helping establish the jurisdiction’s parole policies, the parole board is generally responsible for managing parole release processes and making decisions to terminate parole supervision

The Parole Board: Release and Termination, 1
There are two types of parole release Discretionary parole: A parole board has authority to release prisoners conditionally based on statutory or administrative determination of eligibility Mandatory parole: A parole board releases an inmate from prison conditionally after the inmate has served a specified portion of the original sentence minus any good time earned In 2016, 18 states used discretionary parole; 17 states use mandatory parole; and 15 states used a combination of the two

Prior to a parole-grant hearing: The prisoner becomes eligible for parole The prisoner prepares a parole plan describing where he/she plans to live and work after release Prison staff prepare a pre-parole report describing the inmate and his/her offense, his/her adjustment to prison, and his/her progress toward rehabilitation

Parole authorities consider a variety of factors in determining whether to grant parole, particularly the following (in order of importance): Crime severity Crime type Offender criminal history Number of victims Age of victims Offender institutional behavior Offender mental illness Age of offender at time of crime Gender of victims Gender of offender

The U.S. Supreme Court has held that because parole is an act of grace, a prisoner does not have the same right to due process

Parole revocation is also the responsibility of the parole board and can occur in response to new crimes or technical violations As with probation, parole officers enjoy considerable discretion when deciding whether to recommend revocation for violations

As with probation, parole revocation involves a two-stage hearing process Although parole authorities consider various factors, the two most important factors are: The seriousness of the violation The recommendation of the supervising parole officer

Field Services: Supervision and Service Delivery, 1
Traditionally, most parole supervision or field service agencies were administered by parole boards Most field service agencies have been moved under the administration of the department of corrections

Field Services: Supervision and Service Delivery, 2
Parole and probation service delivery and supervision are virtually the same There is one significant difference Parole commonly uses specialization Offenders who pose a similar threat to public safety or who share similar treatment needs (sex offenders or substance-abusing offenders) are grouped together and assigned to the same officers

Parole Issues, 1 Since the 1970s, discretionary parole release has been among the most controversial issues in criminal justice Proponents argue that early release provisions are essential for controlling prisoners’ behavior and for containing institutional crowding

Parole Issues, 2 Several criticisms have been directed at parole release Parole undermines both retribution and deterrence Parole does not sufficiently guarantee public safety Parole is unfair because offenders who should be serving similar sentences serve vastly different prison terms (because of disparities in granting parole)

Parole Issues, 3 Linking the degree of participation in prison treatment programs to the possibility of early parole amounts to subtly coercing inmates into programs that are often of questionable effectiveness Many jurisdictions have curtailed discretionary parole release Many jurisdictions have moved to determinate sentencing and increased reliance on mandatory release

Legal Issues, 1 There are two general categories of legal issues that relate to parole Parolees’ civil rights The liabilities of parole officers

Legal Issues, 2 Individuals forfeit a number of civil rights when they are convicted of a felony Supporters of this practice argue that it is necessary to preserve public safety and maintain high moral standards in society Opponents argue that it is unfair to continue to punish people who have paid their debts and that denial of civil liberties contributes to poor adjustment on parole

Legal Issues, 3 If a parolee’s actions cause harm to a victim, parole board officials and field service agents can be held liable under certain circumstances Three elements must be proven The existence of a legal duty owed the public Evidence of a breach of the required standard of duty An injury or damage to a person or group proximately caused by the breach of duty

Legal Issues, 4 Tort liability applies to injuries, or damages, caused by the negligent or improper performance of ministerial functions (functions required by law that do not involve discretion) rather than discretionary functions

Strained Parole Resources, 1
Parole supervision agencies across the nation are currently attempting to manage large numbers of parolees An increasingly large proportion of the parolee population consists of persons who were released because of overcrowding and not because they were judged to be good candidates for parole

Strained Parole Resources, 2
The long-term implications of this predicament are often unappreciated This further strains parole resources and produces further recidivism The public and political response to high parolee recidivism is to demand a get-tough stance that culminates in large numbers of parolees in prison This exacerbates prison crowding and the tendency to rely on parole release to relieve crowding Parolee recidivism is quite high

Parolee Adjustment and Recidivism, 1
A key to successful community adjustment is reintegration An important part of reintegration is finding a satisfactory job and obtaining adequate subsistence funds through legal means

Parolee Adjustment and Recidivism, 2
The stigma of a prison record can result in grim employment prospects Yet, research suggests that obtaining gainful employment improves adjustment to community life Sustained unemployment causes emotional distress Distress reduces the motivation to search for a job

Intermediate Sanctions
Offenders who would have been sent to—or remained in—prison had sufficient space been available now were being sentenced to intermediate sanctions The field has also seen a decline in support for rehabilitation and a growth in the trend toward punishing and controlling offenders Intermediate sanctions: Sanctions that lie between traditional probation and traditional imprisonment or, alternatively, between imprisonment and traditional parole

Intensive-Supervision Probation and Parole (ISP), 1
One intermediate sanction is intensive-supervision probation and parole (ISP) Intensive-supervision probation and parole: An alternative to incarceration that provides stricter conditions, closer supervision, and more treatment services than traditional probation and parole

Offenders are chosen for ISP programs: On the basis of their risk-and-needs-assessment scores After violating regular probation or parole If they are nonviolent felons

In theory, ISP programs have the following features: Specially trained intensive-supervision officers with small caseloads Inescapable supervision, such as multiple weekly contacts between officers and clients and frequent testing for drug use Mandatory curfews Mandatory employment or restitution requirements, or both

Mandatory or voluntary participation in treatment Supervision fees to be paid by clients

ISP costs less than incarceration but more than probation or parole, so it is generally used sparingly Two concerns raised about ISP The potential for net widening The lack of demonstrated reduction of recidivism

Net Widening Net widening: When the offenders placed in a novel program are not the offenders for whom the program was designed Those in the program receive more severe sanctions than they would have received had the new program remained unavailable

ISP was introduced with much optimism in the early 1980s The initial optimism has not been sustained ISP may raise awareness of technical violations, which can lead to more offenders being incarcerated

Day Reporting Centers A relatively new facet of the intermediate-sanction movement is day reporting centers Day reporting centers: Facilities that are designed for offenders who would otherwise be in prison or jail and that require offenders to report regularly to confer with staff about supervision and treatment matters

Structured Fines, or Day Fines, 1
Another relatively new intermediate sanction is structured fines or day fines Structured fines, or day fines: Fines that are based on defendants’ ability to pay

The basic premise of structured fines is that punishment by a fine should be proportionate to the seriousness of the offense and should have a roughly similar impact on persons with differing financial resources who are convicted of the same offense

Presumed advantages of structured-fine or day-fine programs Offender accountability Deterrence Fairness Effective and efficient use of limited system resources Revenue Credibility for the court

Problems with structured-fine or day-fine programs Collection problems The effect of other monetary penalties Other monetary penalties added to a structured fine may exceed the ability of poorer defendants to pay

Home Confinement and Electronic Monitoring, 1
Home confinement is also known as home incarceration, home detention, and house arrest Home confinement is usually considered more punitive than ISP but is often used in conjunction with ISP

Home confinement programs did not gain wide popularity until electronic monitoring equipment became readily available in the 1980s Electronic monitoring: An arrangement that allows an offender’s whereabouts to be gauged through the use of computer technology Supporters say that house arrest and monitoring are cost-effective alternatives to incarceration that spares inmates the harmful effects of institutionalization

Criticisms: The practice encroaches on the civil rights of the offender and other people in the residence It discriminates against the poor The battle to find a tamper-proof monitoring device is costly for taxpayers and offenders Monitoring is impersonal and removes the human and helping elements from community corrections

Halfway Houses The goal of halfway houses is to provide offenders with a temporary period of highly structured and supportive living so that the offenders will be better prepared to function independently in the community upon discharge

Procedures, 1 Halfway house programming involves five basic procedures
Referral by a correctional institution, a court, or a probation or parole agency Administrative screening to decide whether to accept the offender into the program Intake and orientation to assess the new resident’s risks and needs as well as orienting him or her to the rules, expectations, and routines of the program

Procedures, 2 Program participation, which often includes progressing through a series of levels and receiving treatment, counseling, training, etc. Termination of the stay after satisfactory completion of all the required levels or upon excessive rule violations

Issues Several issues surround the use of halfway houses
The relations between a halfway house and the local community Influence of privatization and politics Recidivism among persons who have been discharged from the house

Temporary-Release Programs, 1
Temporary-release programs are designed to permit inmates to establish or maintain community ties, thereby gradually preparing them for reentry into society Temporary-release programs: Programs that allow jail or prison inmates to leave the facility for short periods to participate in approved community activities

Three of the most common temporary-release programs Work release: Inmates leave for work each day, usually for low-paying jobs Study release: Inmates leave to participate in high school equivalency classes, vocational training, or college coursework Furlough: Inmates are granted leaves of absence from the facility for brief periods to accomplish specific things, such as attend funerals or search for housing or employment just before release

The vast majority of inmates neither flee nor commit serious crimes while on leave from the facility Furloughs and halfway houses dramatically reduce the risk to public safety after an inmate’s release

Appendix

Figure 12.1: Corrections Populations in the United States - Appendix
The x- axis indicates the number of adult offenders, and the y-axis indicates the number in millions. There are 5 categories of corrections agencies for adult offenders: probation, jail, prison, parole, and total. The data has been compared for two years, 1980 and For each category, the figure in millions respectively for the year 1980 and 2014 are as follows: probation: 1 million and 3.86 million, jail: 0.25 million and 0.74 million, prison: 0.3 million and 1.56 million, parole: 0.25 million and 0.86 million, total: 1.8 million and approximately 6.85 million. Jump to the image

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