Probation, Parole, and Community Corrections Chapter 11 Probation, Parole, and Community Corrections © 2003 Prentice Hall, Inc.

Persons Under Correctional Supervision in the U. S Persons Under Correctional Supervision in the U.S. by Type of Supervision Source: Probation and Parole in the United States (Washington, D.C.: Bureau of Justice Statistics, August 1999) © 2003 Prentice Hall, Inc.

Probation A sentence of imprisonment that is suspended. Also, the conditional freedom granted by a judicial officer to an adjudicated or adjudged adult or juvenile offender, as long as the person meets certain conditions of behavior. © 2003 Prentice Hall, Inc.

Probation History England - 1300’s English courts began the practice of “binding over for good behavior.” Offenders were placed in the custody of willing citizens. © 2003 Prentice Hall, Inc.

Probation History John Augustus (1784 - 1859) United States 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. History © 2003 Prentice Hall, Inc.

Probation History Massachusettes - 1878 passed legislation establishing first paid probation officer position Missouri - 1897 Vermont - 1898 Rhode Island - 1899 By 1925, all 48 states had legislation. © 2003 Prentice Hall, Inc.

Probation Probation is the most commonly used form of sentencing. 20-60% of guilty individuals placed on probation. In 1980, over 1,000,000 individuals were on probation. In 2002, over 3,800,000 individuals were on probation. As of 1/1/2001, 59% of those under correctional supervision were on probation. © 2003 Prentice Hall, Inc.

Probation Bureau of Justice Statistics study (2001) The following were placed on probation: 5% of convicted murderers 21% of convicted rapists 12% of convicted robbers 30% of convicted burglars © 2003 Prentice Hall, Inc.

Percentage of Convicted Felony Offenders Receiving Probation by Type of Crime Source: Felony Sentences in the United States (Washington, D.C.: Bureau of Justice Statistics, 2000) © 2003 Prentice Hall, Inc.

Probation 59% of individuals on probation complete it successfully. © 2003 Prentice Hall, Inc.

Probation Conditions obey laws maintain employment remain within jurisdiction allow probation officer to visit home or work place pay whatever court ordered fines exist © 2003 Prentice Hall, Inc.

Probation Conditions Depending on the case, a judge may add some or all of the specific conditions listed below: 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 keep company with certain individuals participate in treatment programs © 2003 Prentice Hall, Inc.

Parole The status of an offender conditionally released from a prison by discretion of a paroling authority prior to the expiration of sentence, required to observe conditions of parole, and placed under the supervision of a parole agency. © 2003 Prentice Hall, Inc.

Parole 1876 – began at Elmira Reformatory New York used extensively in late 1800’s © 2003 Prentice Hall, Inc.

Parole 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 © 2003 Prentice Hall, Inc.

Extent of Parole Approximately 75% of those released from prison are placed on parole. In 2001, 725,500 offenders were on parole at beginning of year. 42% of all parolees successfully complete parole. 26% returned to prison for violations. 12% returned to prison for new violations. © 2003 Prentice Hall, Inc.

Parole Conditions similar to probation conditions must periodically report to parole officers must maintain employment ordered to pay fines and restitution sometimes pay a “parole supervisory fee” © 2003 Prentice Hall, Inc.

Federal Probation 1925 – National Probation Act authorized use of probation in federal courts allowed for one probation officer per federal judge © 2003 Prentice Hall, Inc.

Federal Conditions Parole decisions made by the U.S. Parole Commission. Examiners inquire as to an inmate’s readiness to begin a period of parole. The Commission must be certified by Congress to maintain its existence. © 2003 Prentice Hall, Inc.

Advantages of Probation and Parole lower cost increased employment restitution community support reduced risk of criminal sanctions increased use of community services increased opportunity for rehabilitation © 2003 Prentice Hall, Inc.

Disadvantages of Parole relative lack of punishment increased risk to community increased social costs © 2003 Prentice Hall, 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. © 2003 Prentice Hall, Inc.

The Legal Environment Griffin v. Wisconsin (1987) Though the 4th Amendment normally provides for privacy, a probation system “presents special needs beyond normal law enforcement that may justify departures.” © 2003 Prentice Hall, Inc.

The Legal Environment Mempa v. Rhay (1967) 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 at the hearing, Mempa admitted to burglary. © 2003 Prentice Hall, Inc.

The Legal Environment Mempa v.Rhay (1967) Supreme Court held that in probation revocation decisions, both notice and a hearing were required and probationer should have opportunity to be represented by counsel. © 2003 Prentice Hall, Inc.

The Legal Environment Morrissey v. Brewer (1972) U.S. Supreme Court held that parole revocation proceedings require the following: written notice of specific alleged violation evidence of violation be disclosed impartial body to be responsible for hearing chance to offer defense right to cross examine witnesses written statement of outcome © 2003 Prentice Hall, Inc.

The Legal Environment Gagnon v. Scarpelli (1973) Gagnon pled guilty to armed robbery and received 7 years of probation. One day after beginning probation, he was arrested for burglary. Gagnon confessed to burglary and his probation was revoked without a hearing. © 2003 Prentice Hall, Inc.

The Legal Environment Gagnon v. Scarpelli (1973) U.S. Supreme Court held that probationers were entitled to two hearings. The preliminary hearing determines whether or not there is probable cause. The somewhat more comprehensive hearing takes place prior to making final revocation decision. © 2003 Prentice Hall, Inc.

The Legal Environment Gagnon v. Scarpelli (1973) Gagnon, who was indigent, had requested an attorney be appointed. The Supreme Court held that an indigent offender on probation has a right to an attorney if both of the following occurred: They claim they did not commit the crime. They had substantial mitigating evidence to explain their violation. © 2003 Prentice Hall, Inc.

Probation/Parole Officers 1996 43,198 probation/parole officers in U.S. at state level approximately 2,500 federal officers included in above number Functions: presentence investigations intake procedures needs assessment/diagnosis supervision of clients © 2003 Prentice Hall, Inc.

Probation/Parole Officers Problems/Difficulties with Job large caseloads lack of job mobility career advancement two models of job that conflict social work model – stresses service role correctional model – stresses control © 2003 Prentice Hall, Inc.

Indeterminate Sanctions The use of less, or non-traditional, sentences in lieu of imprisonment. Types: split sentencing shock probation/parole shock incarceration mixed sentencing and community service intensive supervision home confinement and electronic monitoring © 2003 Prentice Hall, Inc.

Indeterminate Sanctions Split Sentencing A combination of brief incarceration followed by probation. It is frequently used with minor drug offenders. © 2003 Prentice Hall, Inc.

Indeterminate Sanctions Shock Probation/Parole Offender is sentenced to prison. Offender is allowed to apply for probationary release. Offender usually does not know s/he will be released and expects to serve a long prison sentence. © 2003 Prentice Hall, Inc.

Indeterminate Sanctions Shock Incarceration It is mainly used for first time offenders. It makes use of “boot camp” to demonstrate reality of prison life. Boot camp involves strict discipline and physical training. Programs typically last from 90-180 days. Approximately 32 states have such programs. © 2003 Prentice Hall, Inc.

Indeterminate Sanctions 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 week to pursue education or employment while under supervision of probation officer © 2003 Prentice Hall, Inc.

Indeterminate Sanctions Intensive Supervision Georgia (1982) first to use intensive supervision form of probation that requires frequent face-to-face contact with probation officer involves 5 face-to-face contacts per week mandatory curfew required employment weekly check of local arrest records unannounced drug testing © 2003 Prentice Hall, Inc.

Indeterminate Sanctions Home Confinement and Electronic Monitoring sometimes called “house arrest” may leave home in medical emergency used with pregnant women, geriatric offenders with special needs and/or terminally ill offenders © 2003 Prentice Hall, Inc.

Future of Probation and Parole many problems and criticism of both probation and parole issue of regaining “the public’s trust that probation and parole can be meaningful, credible sanctions” © 2003 Prentice Hall, Inc.