Introduction to Criminal Justice

Chapter 12: Community Corrections

Community corrections is the subfield of corrections in which offenders are supervised and provided services outside jail or prison.

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

Community Corrections

Community corrections has traditionally emphasized rehabilitation as its goal.

The staff 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

Other components of the criminal justice system depend on community corrections, because without it the courts and institutional corrections would be overwhelmed.

Note: At the end of 2009, approximately 5 million adults were on probation or parole compared to about 2 million in jail or prison.

Importance of Community Corrections

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.

Probation

There are five types of probation:1. Straight probation, with no form of incarceration.2. Suspended-sentence probation—the offender

can escape imprisonment by performing well on probation.

3. Split sentence—jail time plus probation.4. Shock probation—two sentences: first prison,

then probation.5. Residential probation—e.g. halfway house.

Probation

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.

Probation – Historical Context

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 – Historical Context

A probation sentence can be viewed as a process with three basic stages:1. Placement of an offender on probation by a

judge.2. Supervision and service delivery for the

probationer by probation officers.3. Termination of the probation.

Probation

In deciding whether an offender should be sentenced to probation, a judge considers:◦ Statute recommendations.◦ 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.

Placement on Probation

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.

PSI

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.

PSI

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: Rules that specify what an offender is and is not to do during the course of a probation sentence.

The Probation Order

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.

Supervision and Service Delivery

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.

Termination of Probation

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.

Termination of Probation

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, then there must

be a formal court hearing to determine if the violation warrants revocation

Termination of Probation

At both stages, offenders have the right to:◦ 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.

Termination of Probation

Probation is an evolving, changing field with many controversial issues, including:◦ Probation fees.◦ Legal issues: confidentiality and privacy.◦ Caseload and recidivism.

Issues in Probation

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.

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.

Caseload and Recidivism

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

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

It can also refer to the community supervision received upon release.

Parole

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

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

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

There are four fundamental objectives of parole:◦ Provide community safety.◦ Promote offender betterment and reintegration

into society.◦ Relieve and contain prison crowding.◦ Control the behavior of prison inmates.

Parole

As with probation, parole emerged from earlier practices:◦ Tickets of leave, 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 – Historical Context

It is helpful to divide parole administration into two areas:◦ The parole board is responsible for release

decisions and◦ 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, its organization, and it level of autonomy.

Parole – Administration

Prior to a parole-grant hearing:◦ The prisoner becomes eligible for parole.◦ The prisoner prepares a parole plan describing

where he plans to live and work after release.◦ Prison staff prepares a preparole report describing

the inmate, his adjustment to prison, and his progress toward rehabilitation.

The Parole Board: Release and Termination

Increasingly, parole authorities are using parole guidelines.◦ Structured instruments used to estimate the

probability of parole recidivism and to direct the release decisions of parole boards.

Parole authorities consider a variety of factors in determining whether to grant parole, particularly:◦ Seriousness of the current offense.◦ History of prior violent behavior.◦ Prior felony convictions.◦ Use of a firearm in committing the current offense

The Parole Board: Release and Termination

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.

The Parole Board: Release and Termination

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.

The Parole Board: Release and Termination

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

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

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 moved to determinate sentencing and increased reliance on mandatory release.

16 states and the federal government have abolished early release by discretion of a parole board for all offenders.

Parole Issues

There are two general categories of legal issues that relate to parole:◦ Parolees’ civil rights.◦ The liabilities of parole officers.

Legal Issues

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.

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.

Parole Adjustment and Recidivism

Sanctions that lie between traditional probation and traditional imprisonment or, alternatively, between imprisonment and traditional parole.

Intermediate Sanctions

• 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.◦ Perhaps after violating regular probation or

parole.◦ If they are nonviolent felons.

Intensive Supervision Probation and Parole (ISP)

Two concerns raised about ISP are:◦ The potential for net widening, and◦ The lack of demonstrated reduction of recidivism

Intensive Supervision Probation and Parole (ISP)

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.

Day Reporting Centers

Another relatively new intermediate sanction is 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 roughly similar impact on persons with differing financial resources who are convicted of the same offense.

Structured Fines, or Day Fines

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.

Home Confinement and Electronic Monitoring

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

Halfway Houses

Halfway house programming involves five basic procedures:1. Referral—by a correctional institution, a court, or a

probation or parole agency.2. Administrative screening—to decide whether to

accept the offender into the program.3. Intake and orientation—assessing the new

resident’s risks and needs as well as orienting him or her to the rules, expectations, and routines of the program.

4. Program participation—often including progressing through a series of levels, and receiving treatment, counseling, training, etc.

5. Termination of the stay—after satisfactory completion of all the required levels, or upon excessive rule violations.

Halfway Houses - Procedures

Temporary-release programs are designed to permit inmates to establish or maintain community ties, thereby gradually preparing them for re-entry into society.

Programs that allow jail or prison inmates to leave the facility for short periods to participate in approved community activities.

Work Release, Study Release, Furlough

Temporary Release Programs