CHAPTER

CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall

Upper Saddle River, NJ 07458 1

Probation, Parole, and Community Corrections

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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.



Community Corrections

Examples include the following: Probation Parole Home confinement Electronic monitoring



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.



History of Probation

English Roots:

In the 1400s, English courts began the practice of “binding over for good behavior,” in which offenders were placed in the custody of willing citizens.



History of Probation

In the U.S.:

The first probation officer was John Augustus (1784-1859), a Boston shoemaker who observed court proceedings and volunteered to take home drunkards. He supervised over 2,000 offenders.

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.



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.



Probationers must abide by court-mandated conditions or risk probation revocation.

There are two types of conditions: general and specific.

Probation Conditions



Probation Conditions

General ConditionsApply to all probationers within the jurisdiction.

Examples: Obey lawsMaintain employmentRemain within jurisdictionAllow probation officer to visit home or work placePay court ordered fines

Specific ConditionsJudge-mandated for the specific probationer.

Examples: Surrender driver’s license Pass GED testDo community serviceCurfewComplete a treatment plan



There are about 151,000 offenders on probation.

The number of federal offenders on probation has increased annually throughout the last decade.

The Federal Probation System



There are approximately 7,750 federalprobation officers, also called communitycorrections 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.

Federal Probation Officers



Parole

Parole—a prisoner reentry strategy in which inmates receive supervised conditional early release from correctional confinement.



Parole vs. Probation

ParoleOffenders spend time incarcerated before release.Parole is an administrative decision made by paroling authority.Parolees must abide by conditions or risk revocation.

ProbationProbationers generally avoid prison time.

Probation is a sentencing decision made by a judge.

Probationers must abide by conditions or risk revocation.



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



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.



Extent of Parole

At the start of 2006, 784,408 offenders were on parole.

States vary considerably in their use of parole.



Extent of Parole

Of all parolees: 46% successfully complete parole. 26% return to prison for parole violations. 11% return to prison for new violations.



In discretionary parole jurisdictions, theconditions of parole are similar toprobation conditions.

Violations may result in parole revocation. Examples of conditions include:

Periodically reporting to parole officerMaintaining employmentPaying fines and restitutionSometimes paying a “parole supervisory fee”

Parole Conditions



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.



Advantages and Disadvantages of Probation and Parole

AdvantagesLow costIncreased employmentRestitutionCommunity supportReduced risk of criminal sanctionsIncreased use of community servicesBetter rehabilitation opportunities

DisadvantagesRelative lack of punishmentIncreased risk to communityHigher social costsDiscriminatory and unequal effects

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The Legal Environment



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.”

Griffin v. Wisconsin (1987)



Supreme Court declined to extend the exclusionary rule to searches done by parole officers.

Pennsylvania Board of Probation and Parole v. Scott (1998)



Expanded the search authority normally reserved for probation and parole officers to police officers under certain circumstances.

U.S. v. Knights (2001)



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.

Sampson v. California (2006)



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.

Revocation Hearings



Annually, about ¼ of parolees and of probationers have their conditional release revoked. Most revocations stem from these violations:

Failure to report to probation or parole officer

Failure to participate in a stipulated treatment program

Alcohol or drug abuse while under supervision.

Outcomes of Revocation Hearings



U.S. Supreme Court held that inprobation revocation decisions bothnotice and a fair hearing are requiredand probationer must have theopportunity to be represented bycounsel.

Mempa v. Rhay (1967)



U.S. Supreme Court held that parole revocationproceedings require the following:1. Written notice of specific alleged violation2. Disclosure of evidence of violation3. An impartial hearing body4. Opportunity to offer a defense5. A right to cross examine witnesses6. A written statement of the outcome

Morrissey v. Brewer (1972)



U.S. Supreme Court held that probationersare 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 theconditions specified in Morrissey.

Gagnon v. Scarpelli (1973)



Parole boards do not have to specifythe evidence used in deciding to denyparole.

Greenholtz v. Nebraska Penal Inmates (1979)



Probation cannot be revoked forfailure to pay a fine and makerestitution if it could not be shownthat the defendant was responsiblefor the failure…alternative forms of punishment must be considered before imposing a prison sentence.

Bearden v. Georgia (1983)



A probationer’s incriminatingstatements to a probation officer may be used as evidence if the probationer does not specifically claim a right against self-incrimination.

Minnesota v. Murphy (1984)



The Job of Probation and Parole Officers

Job Functions1. Presentence investigations2. Intake procedures3. Needs assessment/diagnosis4. Supervision of clients

Job Challenges1. Balancing conflicting roles2. Large caseloads3. Frequent lack of opportunities for

upward mobility4. Stress

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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.

Intermediate Sanctions



Examples include: Split sentences Shock probation/parole Shock incarceration Mixed sentences and community service Intensive supervision Home confinement and electronic monitoring

Types 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

Advantages of Intermediate Sanctions



Split Sentencing

Split sentencing involves a combination of brief incarceration followed by probation.

Frequently used for minor drug offenders.



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.



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.



Mixed sentencing—a sentence that required that a convicted offender serve weekends in a confinement facilities while undergoing probationary supervision in the community.

Mixed Sentencing



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.

Community Service



Intensive probation supervision (IPS) is athe 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

Intensive Supervision



Home confinement—“house arrest”—issometimes 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

Home Confinement and Electronic Monitoring



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.

Future of Probation and Parole



Most inmates will be released back intosociety. Barriers to successful reentry need to be addressed, including:

Substance abuse Lack of education Poverty Diminished opportunities for employment Physical or mental disabilities

Reinventing Reentry



Successful reentry requires a multi-faceted,collaborative approach involving peopleand groups throughout the community,including:

Corrections Public health workers State legislators Housing providers Workforce development staff

Reinventing Reentry



Funding for SVORI began in 2003, with thegoal of successfully reintegrating seriousand violent offenders:

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

The Serious Violent Offender Reentry Initiative (SVORI)



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.

Reinventing Probation

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