CHAPTER

1. CHAPTER 10 • Probation, Parole, and Community Corrections

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

3. Probation

4. Probation: … a sentence of imprisonment that is suspended. Also, the conditional freedom granted by a judicial officer to a convicted offender, as long as the person meets certainconditions of behavior.

5. Probation History: England during 1300s • English courts began the practice of “binding over for good behavior.” • Offenders were placed in the custody of willing citizens.

6. Probation History: 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.

7. Probation History: United States • Massachusetts - 1878 • passed legislation establishing first paid probation officer position • Missouri - 1897 • Vermont - 1898 • Rhode Island - 1899 • By 1925, all 48 states had similar legislation.

8. Probation • Probation is the most commonly used form of sentencing. • 20-60% of guilty individuals placed on probation. • In 1980, over 1,000,000 people were on probation. • In 2002, over 3,900,000 people were on probation. • As of 1/1/2001, 59% of those under correctional supervision were on probation.

9. Probation • Bureau of Justice Statistics (2001) • The following were placed on probation: • 5% of convicted murderers • 21% of convicted sex offenders • 12% of convicted robbers • 30% of those convicted of aggravated assault

10. Percentage of Convicted Felony Offenders Receiving Probation Source: Felony Sentences in the United States (Washington, D.C.: Bureau of Justice Statistics, 1999)

11. Probation 60% of persons on probation complete it successfully.

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

13. Depending on the case, a judge may add some or all of these specific conditions: 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 socialize with certain people participate in treatment programs Probation Conditions

14. Parole

15. 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.

16. Parole • 1876 first used at Elmira Reformatory, New York • used extensively in late 1800s

17. 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 Parole

18. Extent of Parole • Approximately 75% of those released from prison are placed on parole. • In 2002, 732,350 offenders were on parole at start of year. • 42% of all parolees successfully complete parole. • 26% returned to prison for violations. • 12% returned to prison for new violations.

19. Parole Boards in the U.S.

20. similar to probation conditions must periodically report to parole officer must maintain employment must pay fines and restitution must sometimes pay a “parole supervisory fee” Parole Conditions

21. Federal Probation 1925 National Probation Act • authorized probation in federal courts • allowed for one probation officer per federal judge

22. 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.

23. low cost increased employment restitution community support reduced risk of criminal sanctions increased use of community services better rehabilitation opportunities Advantages of Probation and Parole

24. relative lack of punishment increased risk to community higher social costs Disadvantages of Parole

25. The Legal Environment

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

27. The Legal Environment Though the 4th Amendment normally provides for privacy, probation “presents special needs beyond normal law enforcement that may justify departures.” Griffin v. Wisconsin (1987)

28. The Legal Environment At 17, Mempa had been placed on probation for riding in a stolen car. His probation was revoked and he was sent to prison. Months later he was accused of burglary and he admitted committing the offense. Mempa v. Rhay (1967)

29. The Legal Environment 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)

30. The Legal Environment 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)

31. The Legal Environment Gagnon pled guilty to armed robbery and received 7 years on probation. Soon after beginning probation he was arrested for burglary. He confessed to burglary and his probation was revoked without a hearing. Gagnon v. Scarpelli (1973)

32. The Legal Environment 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. Gagnon v. Scarpelli (1973)

33. The Legal Environment Gagnon, who was indigent, had requested an appointed attorney. The Supreme Court held that an indigent offender on probation has a right to an attorney if he: Claims that he did not commit the alleged violation, or Has substantial mitigating evidence to explain the violation. Gagnon v. Scarpelli (1973)

34. Probation/Parole Officers • 43,198 probation/parole officers in U.S. at state level • approximately 2,500 federal officers included in above number • Functions • 1. presentence investigations • 2. intake procedures • 3. needs assessment/diagnosis • 4. supervision of clients 1996

35. Problems/Difficulties with Job: large caseloads lack of job mobility few career advancement opportunities conflicting models of the job: —social work model (stresses service role) —correctional model (stresses control) Probation/Parole Officers

36. Intermediate Sanctions

37. The use of non-traditional sentences in lieu of imprisonment and fines, including: split sentences shock probation/parole shock incarceration mixed sentences and community service intensive supervision home confinement and electronic monitoring Intermediate Sanctions

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

39. Shock Probation/Parole: • Offender is sentenced to prison. • Offender 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.

40. 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. • Approximately 32 states have such programs.

41. 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 the week to pursue education or employment while under probation supervision Intermediate Sanctions

42. Intensive Supervision Georgia (1982) was first to use intensive supervision 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 Intermediate Sanctions

43. Home Confinement and Electronic Monitoring Sometimes called “house arrest” May leave home in emergency Used with some pregnant women, geriatric offenders with special needs, the terminally ill, and other special offender categories Intermediate Sanctions

44. Many problems with and criticisms of both probation and parole Major Issue: regaining the public’s trust that probation and parole can provide meaningful and credible sanctions Future of Probationand Parole