Kaplan University Online CJ101 Unit 8 Introduction to the Criminal Justice System

Probation, Parole, and Community Corrections This year, some 600,000 inmates will be released from prison back into society. We know from long experience that if they can’t find work, or a home, or help, they are much more likely to commit crime and return to prison……..America is the land of second chances, and when the gates of prison open, the path ahead should lead to a better life. President George W. Bush State of the Union Address (2004)

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. Text, Ch. 12, p Text, Ch. 12, p

The Extent of Probation Probation is the most widely used form of sentencing. Probation is the most widely used form of sentencing % of guilty individuals are placed on probation % of guilty individuals are placed on probation. The number of offenders supervised yearly on probation increased ~300% since The number of offenders supervised yearly on probation increased ~300% since Today, there are over 3.9 million people on probation. Today, there are over 3.9 million people on probation. States vary with regard to extent of use. States vary with regard to extent of use. Even violent offenders may receive probation. Even violent offenders may receive probation. Text, Ch. 12, p Text, Ch. 12, p

Conditions of Probation Probationers must abide by court mandated conditions or risk probation revocation. There are two types of conditions: General – obey all laws; maintain employment; stay within jurisdiction; home & work visits by probation officer; pay court ordered fines. Specific – surrender driver’s license; pass GED test; do community service; curfew; complete a treatment plan. Text, Ch. 12, p Text, Ch. 12, p

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. The managed return to the community of individuals released from prison. Conditions – periodically report to parole officer; maintain employment; pay fines & restitution; sometimes pay a ‘parole supervising fee’. Text, Ch. 12, p Text, Ch. 12, p

Parole vs. Probation Parole – offenders spend time incarcerated before release; parole is an administrative decision made by a 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. Text, Ch 12, p Text, Ch 12, p

Probation & Parole – Pro’s & Con’s Pro’s Lower cost (in prison=~$40,000/yr - probation=~$1300/yr; Increased employment; Restitution (payment to victims for harm); Community support; Reduced risk of criminal socialization; Increased opportunity of rehabilitation. Con’s Relative lack of punishment; Increased risk to community; Increased social costs. Text, Ch. 12, p. 461 Text, Ch. 12, p. 461

Community Corrections Refers to a wide range of sentences that depend upon correctional resources available in the community. Permits convicted offenders to remain in the community under conditional supervision as an alternative to an active prison sentence. Examples: Probation, Parole, Home Confinement, Electronic Monitoring Text, Ch. 12, p Text, Ch. 12, p

Legal Environment One of the major U.S. Supreme Court cases related to probation and parole supervision: Griffin v. Washington (1987) “Probation officers may conduct searches of a probationers residence without either a search warrant or probable cause” Text, Ch. 12, p. 462 Text, Ch. 12, p. 462