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  1. CHAPTER 12 • Probation, Parole, and Community Corrections

  2. 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.

  3. Community Corrections Examples include the following: • Probation • Parole • Home confinement • Electronic monitoring

  4. 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.

  5. 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.

  6. 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.

  7. 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.

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

  9. Percentage of Convicted Felony Offenders Receiving Probation

  10. 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

  11. Probationers must abide by court-mandated conditions or risk probation revocation. There are two types of conditions: general and specific. Probation Conditions

  12. 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

  13. 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

  14. 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.

  15. 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

  16. 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

  17. 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.

  18. Extent of Parole Of all parolees: • 42% successfully complete parole. • 26% return to prison for violations. • 12% return to prison for new violations.

  19. 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

  20. An administrative action Removing a person from parolee status in response to a violation of lawfully required conditions of parole. Parole Revocation

  21. 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.

  22. 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

  23. The Legal Environment

  24. 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)

  25. Supreme Court declined to extend the exclusionary rule to searches done by parole officers. Pennsylvania Board of Probation and Parole v. Scott (1998)

  26. Expanded the search authority normally reserved for probation and parole officers to police officers under certain circumstances. U.S. v. Knights (2001)

  27. 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

  28. 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)

  29. 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)

  30. 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)

  31. Parole boards do not have to specify the evidence used in deciding to deny parole. Greenholtz v. Nebraska Penal Inmates (1979)

  32. 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)

  33. 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)

  34. 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

  35. Intermediate Sanctions

  36. 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

  37. 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

  38. 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

  39. Split Sentencing … a combination of brief incarceration followed by probation. Frequently used for minor drug offenders.

  40. Shock Probation/Parole • 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.

  41. Shock Incarceration: • Makes use of “boot camps” to demonstrate reality of prison life. • Mainly used for first time offenders. • Boot camps involves strict discipline and physical training. • Programs typically last from 90-180 days. • “Failures” return to general prison population. • Though they appear “tough on crime,” research shows recidivism rates to be negligible.

  42. 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

  43. Form of probation that requires frequent face-to-face contact with probation officer Mandatory curfew Employment required Frequent check of local arrest records Unannounced drug testing Intensive Supervision

  44. Sometimes called “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

  45. 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

  46. Reinventing probation and parole means that we must address: Problems with risk assessment Increased recidivism rates Inadequate supervision of probationers and parolees Reinventing Probation and Parole