Chapter 12
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Chapter #12. Probation Parole Community Corrections. Community Corrections. Utilize correctional resources in community Conditional supervision Alternative to prison. Probation – community correction. Sentence that is suspended Supervised in community Subject to specific conditions.

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Chapter #12

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Chapter 12

Chapter #12

Probation

Parole

Community Corrections


Community corrections

Community Corrections

  • Utilize correctional resources in community

  • Conditional supervision

  • Alternative to prison


Probation community correction

Probation – community correction

  • Sentence that is suspended

  • Supervised in community

  • Subject to specific conditions


Probation

Probation

  • History

  • 1400 – England – place people in custody of citizens

  • 1800- U.S. – first probation officer – John Augustus – Boston

  • 1878 – Massachusetts – first paid probation officers


Probation statistics

Probation - statistics

Lehigh & Northampton Counties


Offenders under correctional supervision in the u s by type of supervision

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


Chapter 12

  • Percentage of Convicted Felony Offenders Receiving Probation


Pertinent probation statistics

National stats 2006

4,237,000

1.8% increase

49% felony

49% misdemeanor

24% female

55% white

State stats

Smallest population is

Largest population is

Lowest rate per population

Highest rate per population

Pertinent probation statistics


Probation conditions

General

Obey laws

Maintain job

Remain in jurisdiction

Pay court fees

Home, school & job visitation

Others????????

Specific – judge mandated

Surrender license

Pass GED or graduate

Community service

Curfew

Treatment

Others ????????

Probation Conditions


Probation revocation

Probation revocation

Loose probation for violations

Usually need two to be violated


Federal parole

Federal Parole

  • National Probation Act – 1925

  • 1. federal courts

  • 2. one officer per judge

  • 3. never really enforced

  • U.S. Marshals – handle federal court issues


Parole

Parole

  • Conditionally released from prison

  • By a paroling authority

  • Prior to expiration of sentence

  • Required to follow rules

  • Required to be supervised

    A managed system for re-entry to society


Parole statistics

Federal: 2006

798,200

94% - minimum one year sentence

40% drugs

12% female

41% white

PA: 2006

21,027 paroled

58%

9588 hearings

19,624 interviews

Case load

75% PA

15% other states

10% special county cases

Parole statistics


Parole vs probation

Parole

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.

Parole vs. Probation


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

Parole Decision-Making Mechanisms: Two Approaches


States that have eliminated parole boards

States That Have Eliminated Parole Boards


Extent of parole

Re-entry parole – part of mandatory parole (halfway house)

Sentencing enhancements – reduces time on parole

Parolees

42% complete parole

26% return to prison – violations

12% - return to prison – new violations

Extent of parole


Parole conditions

Parole conditions

See probation conditions


Parole revocation

Parole revocation

Administrative action

Removes person from parole

Violation of conditions


Federal parole1

Federal parole

Being phased out by Congress


Advantages and disadvantages of probation and parole

Advantages

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

Advantages and Disadvantages of Probation and Parole


Griffin v wisconsin 1987

Griffin v Wisconsin 1987

Probation officers

No search warrant necessary for probationer’s residence


Pa board of probation parole v scott 1998

PA Board of Probation & Parole v Scott - 1998

Exclusionary rule does not extend to search by probation / parole


U s v knights 2001

U.S. v Knights - 2001

Probation / parole search

Basis for police probable cause


Revocation hearings

1. held before a legal board

2. determine whether parolee / probationer violated conditions

26% adults – parole – revoked

25% adults – probation - revoked

Most common reasons

1. failure to report

2. failure to participate in mandated programs

3. D/A issues

Hearing – Sixth Amendment Right

Revocation hearings


Morrissey v brewer 1972

Revocation hearings must have:

1. written notice of violation

2. disclosure of evidence

3. impartial hearing body

4. opportunity for defense

5. right to cross-examine

6. written statement of outcome

a) decision

b) testimony considered

c) reason for revocation

Morrissey v Brewer - 1972


Gagnon v scarpelli 1973

Gagnon v Scarpelli - 1973

  • Probation violators have two hearings

  • 1. probable cause hearing

  • 2. Morrissey hearing


Bearden v georgia 1983

Bearden v Georgia 1983

Probationer can’t be jailed for failure to pay fine / restitution

Unless he / she blatantly refused


Minnesota v murphy 1984

Minnesota v Murphy - 1984

Probationers incriminating statements may be used against him / her

2. Unless they specifically claim 5th Amendment privilege


Intermediate sanctions

Intermediate sanctions

Less expensive

Socially cost effective

Flexible with resources / time / place


Intermediate sanctions1

Intermediate sanctions

  • Split sentencing – brief incarceration followed by probation

  • Shock probation / parole – sentenced to prison / apply for release / expects long sentence / released early

  • Shock Incarceration – boot camps

  • Mixed sentencing – evenings / weekends in jail / work during week


Intermediate sanctions2

Intermediate sanctions

  • Community service – work for a community agency

  • Intensive supervision – more face-to-face contact

  • 1. mandatory curfew

  • 2. employment required

  • 3. frequent monitoring

  • 4. unannounced drug testing


Intermediate sanctions3

Intermediate sanctions

  • Home confinement

  • Electronic monitoring


Reinvention of parole probation

1. mandatory supervision for all on parole / probation

2. increase parole eligibility

3. increase intermediate sanctions

4. standardize offender assessment processes

5. start re-entry process for parole while in prison

6. more interaction b/w police / courts / parole

7. increase job training

8. increase d/a treatment

9. tax incentives to employers who hire

Reinvention of parole / probation


Issues blocking successful re entry

Issues blocking successful re-entry

  • 75% d/a issues

  • 66% less than high school education

  • 50% earn less than $600 per month prior to incarceration

  • Poor job prospects

  • 33% mental / physical disabilities


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