© prentice hall 2008 pearson education, inc upper saddle river, nj 07458 criminal justice: a brief...

© Prentice Hall 2008Pearson Education, Inc

Upper Saddle River, NJ 07458

Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger

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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.




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Community Corrections

Examples include the following: Probation Parole Home confinement Electronic monitoring




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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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The Extent of Probation

Probation is the most commonly used form of sentencing. In 2004, there were over 4 million people on probation. Even violent offenders may receive probation.




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Offenders Under Correctional Supervision in the U.S. by Type of Supervision

Source: Bureau of Justice Statistics, Correctional Surveys




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

There are two types of conditions: general and specific.

Probation Conditions




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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




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There are about 151,000 offenders on probation. (2004)

The Federal Probation System




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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




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Parole

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




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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. (May serve some jail time.)

Probation is a sentencing decision made by a judge.

Probationers must abide by conditions or risk revocation.




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Parole Decision-Making Mechanisms: Two Approaches

Parole Boards

Grant discretionary parole based on judgment and assessment by parole board.

Statutory Decrees

Produce mandatory release, with release date set near sentence end, minus good time.

More common




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Extent of Parole

Of all parolees: 45% successfully complete parole. 26% return to prison for parole violations. 12% return to prison for new violations.




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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 costs




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The Legal Environment




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The Supreme Court ruled that probation officers may conduct searches of a probationer’s residence without a search warrant or probable cause.

Though the Fourth Amendment normally provides for privacy, probation “presents special needs beyond normal law enforcement that may justify departures.”

Griffin v. Wisconsin (1987)




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

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




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

U.S. v. Knights (2001)




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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)




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Revocation hearing—a hearing held before a legally constituted hearing body (such as a parole board) to determine whether a parolee or probationer has violated the conditions and requirements of his or her parole or probation.

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

Revocation Hearings




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

Mempa v. Rhay (1967)




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The 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)




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The 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)




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

Greenholtz v. Nebraska Penal Inmates (1979)




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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)




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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)




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The Job of Probation and Parole Officers

Job Functions1. Presentence investigations

2. Intake procedures3. Needs assessment/diagnosis4. Supervision of clients

Job Challenges1. Balancing conflicting roles2. Caseload3. Frequent lack of opportunities for

upward mobility




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Intermediate Sanctions




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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




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

Types of Intermediate Sanctions




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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




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Split Sentencing

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

Frequently used for minor drug offenders.




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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




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

Other types of mixed sentences involve participating in treatment of 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.

Mixed Sentencing and Community Service




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Intensive probation supervision (IPS) isthe 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




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Home confinement—“house arrest.” Individuals ordered confined to their homes. Sometimes electronically monitored using remote

location monitoring. Often, people are allowed to leave during work

hours, and may also leave during an emergency. Frequently used with some pregnant women,

geriatric offenders with special needs, the terminally ill, and other special offender categories.

Use of electronic monitoring is increasing.

Home Confinement and Electronic Monitoring




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

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

Reinventing Re-entry




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Successful re-entry 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 Re-entry




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The “get tough” attitude of the 1990s increased funding for prisons but neglected to do the same for probation.

So, what do we need to do?

Reinventing Probation




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Should We?

Sentence violent offenders / sexual offenders to probation?

Why / Why not?




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Should We?

Eliminate Parole?

Why / Why Not?

© prentice hall 2008 pearson education, inc upper saddle river, nj 07458 criminal justice: a brief...

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