Community Corrections Notes Worksheet

Goals and Roles of Community Corrections The staff of community corrections have two goals that often seem to conflict: Law enforcer – supervise to endure compliance with the rules of their community sentence Helping agent – assist offenders in identifying and addressing their problems and needs Provide services directly (counseling) Resource broker – after identification of offender’s problems and needs, refers offender to various community agencies for help Advocacy – advocate or lobby for services not available in the community but are needed The roles are reflected in the goals (law enforcer, helping agent as service provider, resource broker, and advocate)

Brief History of Probation Probation developed from practices under English Common Law Benefit of clergy (appeal to court for leniency by reading from the Bible) Judicial reprieve (request to the judge to suspend sentence on condition of future good behavior John Augustus Boston shoemaker “Father” of probation Assumed responsibility for minor offenders and reported their behavior to judge Probation system spawned by his actions

3 Stages of Probation Sentence Placement by judicial authority (probation is a sentence given by a judge) Judge must consider factors when determining if probation is appropriate Probation officers usually assists in the decision by completing a PSI report Determines risk offender presents and offender’s needs Five elements or sections of PSI – demographic info is contained in the face sheet Supervision and delivery of services by probation officer Curfew checks/weekly or periodic visits Drug testing Classes to attain GED Termination of Probation Successful completion Revocation due to violations (technical or recidivism) #6

Probation Conditions & Types of Probation General or Standard – applies to all offenders who receive a sentence of probation Obey all laws, possess no firearms, maintain gainful employment Submit to visits from probation officer, report changes in address Specific Conditions Drug testing and drug abuse counseling, anger management courses Obtain a GED, complete community service Types of Probation Straight probation – no incarceration or residential placement Suspended-sentence probation – jail or prison sentence given but suspended if probation conditions are met – similar to straight Split sentence – one sentence divided into two parts: six months jail followed by 2 years of probation Shock probation – two sentences: jail or prison time – then recalled to court soon after and placed on probation Residential probation – includes placement in a structured but open environment such as a halfway house

Goals of Parole Relieve and control prison crowding Control the behavior of inmates (type of reward) Protect community (only well-behaved are eligible) monitored for period of time prior to unsupervised release Rehabilitate offender – provide services that are more available on the outside

Types/Mechanisms and Components of Parole Mandatory Parole – by statutory decree (legislative body establishes parole time periods) Discretionary Parole – parole board (board determines criteria and makes decision of whether or not offender receives parole Components Parole release (actually release to parole/community) released from prison Parole supervision community-based supervision

Significant Court Cases Morrissey v. Brewer – for parolees pending parole revocation Written notice detailing alleged violation(s) Disclose evidence of violation Impartial or neutral hearing authority Appear and offer defense (to include testimony, documents, witnesses) Cross-examine witnesses and notice of decision (including explanation) Griffin v. Wisconsin – probation officers may conduct search of probationers residence without warrant or probable cause (probation is a sentence)

Significant Court Cases Mempa v. Rhay – notice of revocation, hearing, and counsel (probationers) Gagnon v. Scarpelli – for probationers pending probation revocation Two hearings – probable cause hearing (evidence of violation) and more detailed hearing to make a determination of revocation Extended the rights in the Morrissey v. Brewer decision to probationers Greenholtz v. Nebraska – parole boards do not have to disclose reasons for denial of parole but encouraged to provide guidelines to help offenders prepare.