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Genome Sequencing in Agriculture • Unit #8 Constructing a Heartier Crop in Aired Climates
Unit 8 • Probation, Parole, and Community Corrections
What’s Due This Week? • This week (Unit), you will be completing the following assignments: • The Unit #8 Discussion Board • The Unit #8 Quiz • The Unit #8 Live Seminar or the 300-word Alternate Essay Assignment
What’s Due Next Week?Unit #9 • Graded items: • The Unit #9 Final Essay Paper • The Unit #9 Seminar
Unit 9 final essay paper • The US correctional system can serve two specific functions in relation to criminal offenders. • First, it can serve as a tool for punishing the offender and making the offender pay for his/her crimes. • Second, it can serve as a means to rehabilitating the offender and preparing him/her for successful reentry into society.
Unit 9 final essay paper cont. Assignment Write a 3-page paper that answers all 3 of the following questions: • How does our correctional system punish offenders? • How does our correctional system rehabilitate offenders? • Which method is more effective in reducing crime, punishment or rehabilitation? Explain your choice.
Unit 9 final essay cont. • You are required to use at least 2 references for this paper. One reference can be your text from this class and the other reference should come from the Kaplan library. Be sure to list your sources on your reference page. Wikipedia is NOT an acceptable reference.
Unit 9 final essay cont. • Your paper must follow this format: • Page 1 – Cover page • Pages 2, 3 and 4 – Body of text • Page 5 – Reference page • Please remember to write a full 3 pages for your body of text. Your paper should be written in Times New Roman size 12 font and double spaced.
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 almost 300% since 1980. • Today, there are over 3.9 million people on probation. • States vary with regard to extent of use. • Even violent offenders may receive probation.
Offenders Under Correctional Supervision in the U.S. by Type of Supervision
Probation • In 2002, of the nearly 2 million adults on probation: • More than 3/5 met the conditions • Approximately 13% were incarcerated • 3% absconded • 11% had probation revoked without being ordered to serve time
Probationers must abide by court-mandated conditions or risk probation revocation. There are two types of conditions: general and specific. 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 Probation Conditions
There are approximately 4,000 federal probation officers. Though they have the statutory authority to arrest probationers for a violation, officers are encouraged to obtain an arrest warrant and have it executed by the U.S. Marshals. Some probation officers carry weapons. The Federal Probation System
Parole … the status of an offender conditionally released from prison by a paroling authority prior to the expiration of sentence, required to observe conditions of parole, and placed under the supervision of a parole agency.
Parole • Strategy for prisoner reentry: • The managed return to the community of individuals released from prison.
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 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
Extent of Parole • There’s a growing reluctance to use parole. • Most states use mandatory release. About 91% of parolees are released via mandatory release. • In 2004, 753,140 offenders were on parole. • States vary considerably in their use of parole.
Extent of Parole Of all parolees: • 42% successfully complete parole. • 26% return to prison for violations. • 12% return to prison for new violations.
Similar to probation conditions General and special conditions Examples of conditions include stipulations that parolees must Periodically report to parole officer Maintain employment Pay fines and restitution Sometimes pay a “parole supervisory fee” Parole Conditions
An administrative action Removing a person from parolee status in response to a violation of lawfully required conditions of parole. Parole Revocation
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 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
Supreme Court ruled that probation officers may conduct searches of a probationer’s residence without a search warrantor 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)
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. Annually, about 16.5% of parolees and 2.2% 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. Revocation Hearings
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. Mempa v. Rhay (1967)
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 Morrissey v. Brewer (1972)
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. Gagnon v. Scarpelli (1973)
Parole boards do not have to specify the evidence used in deciding to deny parole. Greenholtz v. Nebraska Penal Inmates (1979)
Probation cannot be revoked for failure to pay a fine and make restitution if it could not be shown that the defendant was responsible for the failure…alternative forms of punishment must be considered before imposing a prison sentence. Bearden v. Georgia (1983)
A probationer’s incriminating statements 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 Functions • 1. Presentence investigations • 2. Intake procedures • 3. Needs assessment/diagnosis • 4. Supervision of clients • Job Challenges • 1. Balancing conflicting roles • 2. Caseload • 3. Frequent lack of opportunities for • upward mobility
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