12 CHAPTER Probation, Parole, and Community Corrections CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

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. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Community Corrections ** Examples include the following: Probation Parole Home confinement Electronic monitoring Traditionally, community corrections emphasized rehabilitation as its goal. However, the focus has shifted to retribution (as well as incapacitation and deterrence). *** CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

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. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Probation v. Diversion Diversion, the systematic efforts to remove people from the CJ process by placing them in programs that offer alternatives to the next, more restrictive stage of processing, is often confused with probation. ** An example of diversion is: instead of arresting a man hitting his wife, the man is referred to anger management.

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. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Probation There are five types of probation: Straight probation, with no form of incarceration Suspended-sentence probation—the offender can escape imprisonment by performing well on probation Split sentence—jail time plus probation Shock probation—two sentences: first prison, then probation Residential probation—e.g. halfway house CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Process and Procedures ** A probation sentence can be viewed as a process with three basic stages: Placement of an offender on probation by a judge. Supervision and service delivery for the probationer by probation officers. Termination of the probation. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Probation ** An advantage of probation over incarceration is that probation allows the offender to maintain family ties.** Other advantages are: increased employment, ability to make restitution, community support, reduced risk of criminal socialization, increased use of community services and opportunity for rehabilitation.

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. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

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 States vary with regard to extent of use. Even violent offenders may receive probation. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Offenders Under Correctional Supervision in the U. S Offenders Under Correctional Supervision in the U.S. by Type of Supervision CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Percentage of Convicted Felony Offenders Receiving Probation CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Probation ** More than 3/5 met the conditions (the majority) ** In 2002, of the nearly 2 million adults on probation: More than 3/5 met the conditions (the majority) ** Approximately 13% were incarcerated 3% absconded 11% had probation revoked without being ordered to serve time CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Probation Conditions ** Probationers must abide by court-mandated conditions or risk probation revocation. There are two types of conditions: general and specific. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Probation Conditions 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 CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

The Federal Probation System 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. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Issues in Probation ** Probation is an evolving, changing field with many controversial issues, including: Probation fees Legal issues: confidentiality and privacy Caseload and recidivism ** CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

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. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Parole ** Strategy for prisoner reentry: The managed return to the community of individuals released from prison. **The first person to implement parole in the U.S. was Zebulon Brockway. ** CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Probation and Parole ** Probation and parole are distinctly different forms of community correction administered by different authorities. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Parole vs. Probation Parole Probation 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. (courts)* Probationers must abide by conditions or risk revocation. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Parole Decision-Making Mechanisms: Two Approaches 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 CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

States That Have Eliminated Parole Boards CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Extent of Parole There’s a growing reluctance to use parole. (specifically discretionary) 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 CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Process and Procedures ** Besides helping establish the jurisdiction’s parole policies, the parole board is generally responsible for managing parole release processes and making decisions to terminate parole supervision. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

The Parole Board: Release and Termination ** Parole authorities consider a variety of factors in determining whether to grant parole, particularly: Seriousness of the current offense History of prior violent behavior Prior felony convictions Use of a firearm in committing the current offense CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Extent of Parole Of all parolees: 42% successfully complete parole. (most) 26% return to prison for violations. 12% return to prison for new violations. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Parole Conditions** 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” CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Parole Revocation An administrative action Removing a person from parolee status in response to a violation of lawfully required conditions of parole. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

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. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Advantages and Disadvantages of Probation and Parole 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 CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

The Legal Environment

Griffin v. Wisconsin (1987) ** Supreme Court ruled that probation officers may conduct searches of a probationer’s residence without a search warrant or probable cause. Though the 4th Amendment normally provides for privacy, probation “presents special needs beyond normal law enforcement that may justify departures.” CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Pennsylvania Board of Probation and Parole v. Scott (1998) Supreme Court declined to extend the exclusionary rule to searches done by parole officers. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

U.S. v. Knights (2001) Expanded the search authority normally reserved for probation and parole officers to police officers under certain circumstances. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Revocation Hearings** 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. ** CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Mempa v. Rhay (1967)** 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. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Morrissey v. Brewer (1972) ** 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 CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Gagnon v. Scarpelli (1973) ** 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. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

The Relationship Between Gagnon v. Scarpelli & Morrissey v. Brewer ** A precedent was set by the decision made in Morrissey v. Brewer. Because this case established a two-stage process before parole revocation could take place, the US Supreme Court, extended the same rights to probationers (before probation revocation can take place) in the Gagnon v. Scarpelli case. The first hearing is basically a preliminary hearing and the second hearing is like a trial with witnesses and other evidence.

Greenholtz v. Nebraska Penal Inmates (1979) ** Parole boards do not have to specify the evidence used in deciding to deny parole. (US Supreme Court ruling)** Nebraska had a statute requiring that inmates denied parole be given the reasons why. The parole board took the issue to court and the Court ruled that providing this information would make the procedure adversarial. They recommended that guidelines be provided but are not required. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Probation cannot be revoked for failure to pay a fine and make Bearden v. Georgia (1983) 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. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

A probationer’s incriminating statements to a probation officer may Minnesota v. Murphy (1984) 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. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

The Job of Probation and Parole Officers ** Job Functions ** 1. Presentence investigations 2. Intake procedures 3. Needs assessment/diagnosis 4. Supervision of clients ** (correctional model) ** Job Challenges 1. Balancing conflicting roles 2. Caseload 3. Frequent lack of opportunities for upward mobility CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Legal Issues of Correctional Officers There are two general categories of legal issues that relate to parole: parolees’ civil rights and the liabilities of parole officials Three central elements must be proven to establish liability on the part of parole and probation officials: - the existence of a legal duty owed the public ** - evidence of a breach of the required standard of duty. ** - an injury or damage to a person or group proximately caused by the breach of duty

Intermediate Sanctions

Intermediate Sanctions 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. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Types of Intermediate Sanctions Examples include: Split sentences Shock probation/parole Shock incarceration Mixed sentences and community service Intensive supervision Home confinement and electronic monitoring CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Advantages of Intermediate Sanctions 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 CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

… a combination of brief incarceration followed by probation. ** Split Sentencing … a combination of brief incarceration followed by probation. ** Frequently used for minor drug offenders. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

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. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

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 (3-6 months).* “Failures” return to general prison population. Though they appear “tough on crime,” research shows recidivism rates to be negligible. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Mixed Sentencing and Community Service 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. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Temporary Release Programs There are three common types of temporary release programs: - work release - study release - furloughs Most temporary release programs are work-release programs.

Temporary Release Programs A limitation of work release programs is that most inmates must settle for low-skilled and low paying jobs because: - many lack the educational and vocational background needed to secure higher paying jobs there is more competition for higher paying jobs many employers are reluctant to hire work-release inmates. **

Halfway Houses Are community-based residential facilities that are less restrictive than prison or jail but provide a more controlled environment than other community correctional programs. ** They are also called community correctional centers.

Halfway Houses ** The programming of halfway houses (or community correctional centers**) involves five basic procedures: Referral Administrative screening Intake and orientation Program participation Termination of the stay

Halfway Houses Two of the most critical issues surrounding halfway houses are: the relations between a halfway house and the local community of which it is a part. ** Recidivism among persons who have been discharged from the house. **

Intensive Supervision ** Form of probation that requires frequent (at least 5) face-to-face contact with probation officer ** Mandatory curfew Employment required Frequent check of local arrest records Unannounced drug testing CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Intensive Supervision ** IPS usually lasts six months to two years. ** The typical caseload of an intensive supervision probation officer is 40 probationers. ** CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Home Confinement and Electronic Monitoring 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. Use of electronic monitoring is increasing; home confinement did not become popular until the use of electronic monitoring became widespread in the 1980s. *** CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Future of Probation and Parole 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. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Reinventing Probation and Parole Reinventing probation and parole means that we must address: Problems with risk assessment Increased recidivism rates Inadequate supervision of probationers and parolees CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.