Probation and Parole: Corrections in the Community Thirteenth Edition Chapter 8 Probation and Parole Officers

Learning Objectives (1 of 3) 2.1 Know qualifications of probation and parole (P/P) officers. 2.2 Learn the qualities desirable for P/P officers. 2.3 Distinguish the three P/P agency models. 2.4 Understand the basic roles of P/P officers. 2.5 Learn why the treatment role is so difficult. Slide 2 is list of textbook LO numbers and statements

Learning Objectives (2 of 3) 2.6 Know the controversy over P/P officers carrying firearms and making arrests. 2.7 Learn the various forms of police-P/P agency partnerships. 2.8 Understand opposition to uniformed police officers accompanying P/P officers on routine home visits. 2.9 Learn why the exclusionary rule does not apply to community supervision. 2.10 Recognize the civil liability of P/P officers. Slide 2 is list of textbook LO numbers and statements

Learning Objectives (3 of 3) 2.11 Learn agency differences with respect to sovereign immunity. 2.12 Understand different levels of immunity for P/P officers and judges. 2.13 Understand volunteer models in community supervision. Slide 2 is list of textbook LO numbers and statements

Qualifications and Qualities (1 of 2) Most states require a B.A degree in a relevant field No felony or serious misdemeanor convictions Driver’s license Minimum age of 21 U.S. Citizen Physical qualifications vary Some require prior related experience

Qualifications and Qualities (2 of 2) Qualities that are desirable: Basic knowledge Individual characteristics P/P agency policy Other agencies Example: New Jersey on page 223 and 224 of textbook

The Tasks and Hiring of Probation/Parole Officers (1 of 3) Monitoring and enforcing compliance Investigating Analyzing and making recommendations Report writing and documentation Handling emergencies Interacting/communicating with P/P clients

The Tasks and Hiring of Probation/Parole Officers (2 of 3) Interacting/communicating with non-P/P Working with P/P staff and other agencies Working with the justice system Performing physically demanding work

The Tasks and Hiring of Probation/Parole Officers (3 of 3) Process to select public employees: Merit system: meet qualifications and pass a competitive written examination Appointment system: meet requirements, no exam, hired after agency evaluation Combined system: pass an exam and interview

Agency Models and P/P Officer Roles Parole…………….……………..Probation Control--------------------------Combined--------------------Social Services Combined model is the middle of the continuum with probation agencies on the right and parole agencies on the left Officers integrate control and community protection role with the social services role Maintain flexibility to stress one model or the other as needed

Georgia Parole Officers (POs) P/Ps charged with: Reintegrating inmate back into community Returning those that fail back to prison Counselor/mentor or law enforcement officer as needed May help offender get a job Verify attendance in programs Home visits Volunteer in community projects

Probation/Parole Officers as Treatment Agents Generally, P/P officers are not educated or trained to be a treatment agent Often P/P officers are expected to act as one Therapy may not be possible in a P/P setting Treatment should take the form of a P/P officer acting as a broker or advocate

Probation/Parole Officers as Brokers and Advocates Private and public agencies may view P/P clients as undesirable/ undeserving/ threatening Clients become frustrated and can lead to clients becoming unsuccessful Creates a need for P/P officers to act as brokers and advocates

Probation and Parole Officers as Law Enforcement Agents P/P officer as an enforcer is controversial P/P agency may need to enforce their own warrants due to lack of police resources Moving to a control model direction Need arrest powers and carrying a firearm Each state handles these issues differently Concerns over liability and training

Should P/P Officers Make Arrests? Controversy continues on P/P officers having the authority to make arrests and carry a firearm Should it be left to police? P/P officers have concerns of personal safety What should a P/P officer do if they directly witness a violation or criminal act? Do arrest powers and carrying a firearm impede a casework relationship and ability to rehabilitate?

Police-Community Corrections Partnerships Increasing interest in promoting working relationships between community supervision officers and police officers Formal and informal information sharing Example: unarmed parole officers completing unannounced home visits with police officers Controversy regarding police-community supervision Violate confidentiality

Probation and Parole Officers’ Powers of Search and Seizure Persons on P/P sign conditions allowing for warrantless search of person and property 1998 Court ruled that evidence seize by POs without a search warrant which would be barred at a criminal trial by the exclusionary rule could be used at a parole violation hearing 2001 expanded to a probationers P/P officers have “plain view” seizure authority

Legal Liability of Probation/Parole Officers (1 of 2) P/P officers can be held liable under state law, civil, and criminal Not mutually exclusive Under federal law, P/P officers can be liable civilly and criminally acting under color of law P/P officers have generally been successful in avoiding legal liability for actions performed in the course of their duties

Legal Liability of Probation/Parole Officers (2 of 2) Negligence--undue risk of harm to others Failure to warn in the supervision process Liability for crimes committed by parolees under their supervision within a narrow set of circumstances Reiser v. District of Columbia 1977

Volunteers in Probation/Parole Four volunteer models: One-to-one model Supervision model Professional model Administrative model Some are critical of volunteers P/P staff are responsible for training, coordination, and supervision of volunteers

Los Angeles County Reserve Deputy Probation Officer Program Volunteers are deputized after completing training Volunteers in Probation Inc. is a nonprofit organization in California with a mission to provide assistance to probationers and their families Cook County, Illinois Probation Volunteers Colorado (Volunteer) Deputy Probation Officers

New Jersey Volunteers in Parole Program Volunteer services include: Parole officer aide Professional aid Administrative aid Student intern

South Carolina Department of Probation, Parole, and Pardon Services Volunteer opportunities: Job developers Community sponsors Court assistants Agent/team assistants

Missouri Board of Probation and Parole Volunteer positions in juvenile probation: Mentor Probation officer assistant Sole sanction restitution Victim services case manager