1. 12 CHAPTER Probation, Parole, and Community Corrections
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2. What entity usually maintains authority over probationers?
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3. What is the primary purpose of the pre-sentence investigation?
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4. What percent of probationers have prior convictions?
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5. Why will probation continue to be the sentence of choice in both felony and misdemeanor cases?
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6. Intensive probation supervision, house arrest, electronic monitoring and restitution orders are called?
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7. Please choose one of the Intermediate sanctions and write a short paragraph.
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8. Which intermediate sanction makes a jail term a condition of probation
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
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9. Describe the strengths and weaknesses of shock probation and split sentencing?
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10. 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?
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11. 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?
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12. 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.
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13. 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?
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14. What is Community Corrections and what does it traditionally emphasized?
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15. Presently, how many offenders are serving a probation sentence?
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16. 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?
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17. What is the cost to monitor an offender on probation, versus the cost to incarcerate a convicted felon per year?
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18. 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?
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19. 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.
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20. Community Corrections
Examples include the following:
Probation
Parole
Home confinement
Electronic monitoring
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21. 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.
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22. 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.
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23. 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.
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24. 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
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25. 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.
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26. Parole
Parole—a prisoner reentry strategy in which inmates receive supervised conditional early release from correctional confinement.
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27. 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.
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28. 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
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29. 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.
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30. Extent of Parole At the start of 2006, 784,408 offenders
were on parole.
States vary considerably in their use of
parole.
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31. Extent of Parole Of all parolees: 46% successfully complete parole.
26% return to prison for parole
violations.
11% return to prison for new
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32. 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”
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33. 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
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34. The Legal Environment
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35. 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.”
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36. 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.
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37. 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.
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38. 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.
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39. 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
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40. 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.
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41. 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
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42. What are Intermediate Sanctions?
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43. 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.
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44. 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
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45. 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
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46. 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
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47. 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
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48. 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 rates.
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49. 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.
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50. 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.
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51. 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
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52. 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
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53. 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.
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54. 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
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55. 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
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