Chapter 10 Probation, Parole, and Community Corrections

1. Chapter 10Probation, Parole, and Community Corrections

2. Learning Objectives • Explain the difference between probation and parole • Describe the federal probation system • Explain the nature of the job of probation and parole officers • List the advantages of intermediate sanctions over more traditional forms of sentencing • Describe the likely future of probation and parole

3. Rights of the Convicted and Imprisoned • Individual Rights: Common law, constitutional, statutory, and humanitarian rights of the accused: • A right against cruel and unusual punishment • A right to protection from physical harm • A right to sanitary and healthy conditions • A limited right to legal assistance • A limited right to religious freedom • A limited right to freedom of speech • A limited right to due process before denial of privileges

4. Rights of the Convicted and Imprisoned • Public Order: Individual rights must be effectively balanced against these community concerns: • Punishment of the guilty • Safe communities • The reduction of recidivism • Secure prisons • Control over convicts • The prevention of escape • Rehabilitation • Affordable prisons

5. Community Corrections • The use of a variety of officially ordered program-based sanctions that permit convicted offenders to remain in the community under conditional supervision as an alternative to an active prison sentence. • Web Extra 10-1 • Hear author discuss the chapter.

6. Offenders under Correctional Supervision in the United States

7. Probation Conditions • Probationers must agree to abide by court−mandated conditions of probation. • A violation of conditions can lead to probation revocation.

8. What Is Parole? • Parole is: • Types of parole decision-making mechanisms: • Parole boards • Statutory decrees producing mandatory parole The status of a convicted offender who has been conditionally released from prison by a paroling authority before the expiration of his or her sentence, is placed under the supervision of a parole agency, and is required to observe the conditions of parole.

9. The Extent of Parole • Parole is the smallest correctional category. • There is a realization that correctional routines have been ineffective at producing any substantial reformation. • 26% of parolees are returned to prison for parole violations. • Library Extra 10-2

10. Parole Conditions • Conditions of parole (probation) refers to: • General conditions tend to be fixed by state statute, while special conditions are mandated by the sentencing authority and take into consideration the offender’s background and the crime. The general and special limits imposed on an offender who is released on parole (or probation).

11. Parole Conditions • A provision for making restitution payments is also frequently included as a condition of parole. • As with probation, failure to meet the conditions may result in parole revocation.

12. Federal Parole • Federal parole decisions are made by the U.S. Parole Commission and based on: • Inmates’ job readiness • Home plans • Past record • Accomplishments while in prison • Good behavior • Previous probation and parole experiences • While federal parole was to be abolished by 1992, the life of the commission was extended. • Web Extra 10-2

13. Probation and Parole: The Advantages • Lower cost • Increased employment • Restitution • Community support • Reduced risk of criminal socialization • Increased use of community services • Increased opportunity for rehabilitation

14. Probation and Parole: The Disadvantages • A relative lack of punishment • Increased risk to the community • Increased social costs

15. The Legal Environment • Parole revocation proceedings require that: • The parolee be given written notice specifying the alleged violation. • Evidence of the violation be disclosed. • A neutral and detached body constitutes the hearing authority. • The parolee has the chance to appear and offer a defense. • The parolee has the right to cross-examine witnesses. • A written statement be provided to the parolee at the conclusion of the hearing.

16. The Legal Environment • Because they face a substantial loss of liberty, probationers are entitled to two hearings: • A preliminary hearing to determine probable cause. • A more comprehensive hearing prior to the making of the final revocation decision.

17. Federal Probation System • The National Probation Act in 1925 authorized the use of probation in federal courts. • Federal probation officers who prepare presentence reports must: • Evaluate the evidence in support of the facts. • Resolve certain disputes between the prosecutor and defense attorney. • Testify when needed to provide evidence in support of administrative application of sentencing guidelines. • Attach an addendum to the report that demonstrates that the report has been disclosed to the defense attorney, defendant, and government counsel.

18. The Job of Probation andParole Officers • Four primary functions: • Presentence investigations • Intake procedures • Needs assessment and diagnosis • Client supervision

19. The Challenges of the Job • The need to walk a fine line between two conflicting sets of duties • Quasi-social work services • Custodial responsibilities • The high caseloads • The frequent lack of opportunity for career mobility • Web Extra 10-3

20. Intermediate Sanctions • Intermediate sanctions refers to: • Advantages: • Less expensive to operate per offender • Socially cost effective • Provides flexibility in terms of resources The use of split sentencing, shock probation or parole, shock incarceration, community service, intensive supervision, or home confinement in lieu of other more traditional sanctions, such as imprisonment and fines.

21. Intermediate Sanctions • Split sentencing refers to: • Shock probation refers to: A sentence explicitly requiring the convicted to serve a period of confinement followed by a period of probation. The practice of sentencing offenders to prison, allowing them to apply for probationary release, and enacting such release in surprise fashion.

22. Intermediate Sanctions • Shock incarceration refers to: • Mixed sentence refers to: A sentencing option that makes use of “boot camp” type prisons to impress on convicted offenders the realities of prison life. A sentence that requires that a convicted offender serve weekends in a confinement facility while undergoing probationary supervision in the community.

23. Intermediate Sanctions • Community service refers to: • Intensive probation supervision (ISP) is: A sentencing alternative that requires offenders to spend at least part of their time working for a community agency. A form of probation supervision involving frequent face-to-face contact between the probationer and the probation officer.

24. Intermediate Sanctions • Home confinement refers to: • Federal home confinement has three conditions: • Curfew • Home detention • Home incarceration House arrest. Individuals ordered confined to their homes are sometimes monitored electronically to ensure they do not leave during the hours of confinement.

25. The Future of Probation and Parole • Parole has been criticized for: • Unfairly reducing prison sentences imposed on serious offenders. • Being arbitrarily granted and creating undue uncertainty in the lives of inmates. • Probation has been criticized for: • Following a rehabilitative ideal that is not culturally popular. • Not being a very powerful deterrent. • Lacking leadership and a simple standard of behaviors. • Library Extras 10-3, 10-4, 10-5, and 10-6