Chapter 11

1. Chapter 11 Probation, Parole, and Community Corrections

2. Persons Under Correctional Supervision in the U.S. by Type of Supervision Source: Probation and Parole in the United States (Washington, D.C.: Bureau of Justice Statistics, August 1999)

3. Probation • A sentence of imprisonment that is suspended. Also, the conditional freedom granted by a judicial officer to an adjudicated or adjudged adult or juvenile offender, as long as the person meets certain conditions of behavior.

4. England - 1300’s English courts began the practice of “binding over for good behavior.” Offenders were placed in the custody of willing citizens. Probation History

5. United States John Augustus (1784 - 1859) Boston shoemaker who observed court proceedings and volunteered to take home drunkards. He was considered the world’s first probation officer. By the time Augustus passed away, he had supervised over 2,000 offenders. Probation History

6. Probation History • Massachusettes - 1878 • passed legislation establishing first paid probation officer position • Missouri - 1897 • Vermont - 1898 • Rhode Island - 1899 • By 1925, all 48 states had legislation.

7. Probation is the most commonly used form of sentencing. 20-60% of guilty individuals placed on probation. In 1980, over 1,000,000 individuals were on probation. In 2002, over 3,800,000 individuals were on probation. As of 1/1/2001, 59% of those under correctional supervision were on probation. Probation

8. Bureau of Justice Statistics study (2001) The following were placed on probation: 5% of convicted murderers 21% of convicted rapists 12% of convicted robbers 30% of convicted burglars Probation

9. Probation 59% of individuals on probation complete it successfully.

10. Probation Conditions • obey laws • maintain employment • remain within jurisdiction • allow probation officer to visit home or work place • pay whatever court ordered fines exist

11. Probation Conditions • Depending on the case, a judge may add some or all of the specific conditions listed below: • surrender driver’s license • submit to warrantless searches • not use/possess or control any illegal drugs • supply breath, urine, and/or blood specimens • successfully pass G.E.D. test • not keep company with certain individuals • participate in treatment programs

12. Parole The status of an offender conditionally released from a prison by discretion of a paroling authority prior to the expiration of sentence, required to observe conditions of parole, and placed under the supervision of a parole agency.

13. Parole Elmira Reformatory • 1876 – began at Elmira Reformatory New York • used extensively in late 1800’s

14. Parole • parole boards • grant paroles based on review of each case • considered “discretionary” parole • statutory decree • mandatory parole • automatic after offender serves certain amount of time

15. Extent of Parole • Approximately 75% of those released from prison are placed on parole. • In 2001, 725,500 offenders were on parole at beginning of year. • 42% of all parolees successfully complete parole. • 26% returned to prison for violations. • 12% returned to prison for new violations.

16. Parole Conditions • similar to probation conditions • must periodically report to parole officers • must maintain employment • ordered to pay fines and restitution • sometimes pay a “parole supervisory fee”

17. Advantages of Probation and Parole • lower cost • increased employment • restitution • community support • reduced risk of criminal sanctions • increased use of community services • increased opportunity for rehabilitation

18. Disadvantages of Parole • relative lack of punishment • increased risk to community • increased social costs

19. The Legal EnvironmentGriffin v. Wisconsin (1987) Supreme Court ruled that probation officers may conduct searches of a probationer’s residence without a search warrant or probable cause.

20. The Legal EnvironmentMempa v.Rhay (1967) Supreme Court held that in probation revocation decisions, both notice and a hearing were required and probationer should have opportunity to be represented by counsel.

21. The Legal EnvironmentMorrissey v. Brewer (1972) U.S. Supreme Court held that parole revocation proceedings require the following: • written notice of specific alleged violation • evidence of violation be disclosed • impartial body to be responsible for hearing • chance to offer defense • right to cross examine witnesses • written statement of outcome

22. The Legal EnvironmentGagnon v. Scarpelli (1973) • U.S. Supreme Court held that probationers were entitled to two hearings. • The preliminary hearing determines whether or not there is probable cause. • The somewhat more comprehensive hearing takes place prior to making final revocation decision.

23. Probation/Parole Officers • 1996 • 43,198 probation/parole officers in U.S. at state level • approximately 2,500 federal officers included in above number • Functions: • presentence investigations • intake procedures • needs assessment/diagnosis • supervision of clients

24. Probation/Parole Officers • Problems/Difficulties with Job • large caseloads • lack of job mobility • career advancement • two models of job that conflict • social work model – stresses service role • correctional model – stresses control

25. Indeterminate Sanctions • The use of less, or non-traditional, sentences in lieu of imprisonment. • Types: • split sentencing • shock probation/parole • shock incarceration • mixed sentencing and community service • intensive supervision • home confinement and electronic monitoring

26. Indeterminate Sanctions Split Sentencing • A combination of brief incarceration followed by probation. • It is frequently used with minor drug offenders.

27. Indeterminate Sanctions • Shock Probation/Parole • Offender is sentenced to prison. • Offender is allowed to apply for probationary release. • Offender usually does not know s/he will be released and expects to serve a long prison sentence.

28. Indeterminate Sanctions Shock Incarceration • It is mainly used for first time offenders. • It makes use of “boot camp” to demonstrate reality of prison life. • Boot camp involves strict discipline and physical training. • Programs typically last from 90-180 days. • Approximately 32 states have such programs.

29. Indeterminate Sanctions Mixed Sentencing and Community Service • community service – can include the washing of police cars, cleaning graffiti, refurbishing public facilities, etc. • requires offenders to spend weekends in jail while being free during week to pursue education or employment while under supervision of probation officer

30. Indeterminate Sanctions Intensive Supervision • Georgia (1982) first to use intensive supervision • form of probation that requires frequent face-to-face contact with probation officer • involves 5 face-to-face contacts per week • mandatory curfew • required employment • weekly check of local arrest records • unannounced drug testing

31. sometimes called “house arrest” may leave home in medical emergency used with pregnant women, geriatric offenders with special needs and/or terminally ill offenders Indeterminate Sanctions Home Confinement and Electronic Monitoring

32. Future of Probation and Parole • many problems and criticism of both probation and parole • issue of regaining “the public’s trust that probation and parole can be meaningful, credible sanctions”