Probation, Parole, and Intermediate Sanctions 12 Probation, Parole, and Intermediate Sanctions

Community Corrections Officially ordered program-based sanctions that permit convicted offenders to remain in the community under conditional supervision as an alternative to an active prison sentence Includes probation, parole, home confinement, electronic monitoring, and new programs in development

History of Probation John Augustus (1784-1859) Boston businessman who offered to take selected offenders into his home as an alternative to imprisonment In 1878, Massachusetts became the first state to authorize the hiring of a probation officer for the City of Boston By 1925, all 48 states had adopted probation legislation

Definition of Probation A sentence of imprisonment that is suspended Also, the conditional freedom granted by a judicial officer to a convicted offender, as long as the person meets certain conditions of behavior

Conditions of Probation General conditions apply to all probationers in a given jurisdiction For example: Obey all laws Maintain employment Remain in the jurisdiction Possess no firearms Allow probation officer to visit home and work

Conditions of Probation Specific conditions Surrender driver’s license Submit to unannounced searches Supply blood, urine, breath samples Community service Complete the GED Treatment conditions: complete a treatment program within a set time

Parole The supervised early release of inmates from correctional confinement Supervised by a parole officer Corrections strategy Return offenders gradually to productive lives Reentry

Two Models of Parole Parole board Statutory decrees Discretionary release Medical parole is increasing Statutory decrees Mandatory releases Have increased 91% since 1990 California Department of Corrections and Rehabilitation, “Parole Revocations,” http://www.cdcr.ca.gov/realignment/ Parole-Revocations.html (accessed April 5, 2013)

Advantages of Probation and Parole Lower cost Increased employment Offenders who are released are able to contribute to the “free” economy when employed outside of prison Restitution Community support Increased use of community services Increased opportunity for rehabilitation

Disadvantages of Probation and Parole Relative lack of punishment When a convicted offender is released to the community on probation or parole, it poses a risk to the community Increased social costs Discriminatory and unequal effects

The Legal Environment Annually, about 21% of adults on parole as well as 20% of those on probation throughout the United States have their conditional release revoked Maruschak and Parks, Probation and Parole in the United States, 2011, Table 7

Some Significant Court Cases Escoe v. Zerbst (1935) Mempa v. Rhay (1967) Morrissey v. Brewer (1972) Gagnon v. Scarpelli (1973) Griffin v. Wisconsin (1987) Pennsylvania Board of Probation and Parole v. Scott (1998)

Probation and Parole Officers Case workers with law enforcement powers who supervise convicted offenders in the community Pre-sentence investigations Other intake procedures Diagnosis and needs assessment Client supervision

Challenges of the Job Two conflicting sets of duties: Provide social work services Handle custodial responsibilities Large caseloads Lack of career mobility Assigned to small geographic areas

National Institute of Justice Major sources of stress: High caseloads Excess paperwork Pressures associated with deadlines Offenders who are sentenced to probation and released on parole today have committed more serious crimes than in the past Also, more offenders have serious drug-abuse histories and show less hesitation in using violence National Institute of Justice, Stress among Probation and Parole Officers and What Can Be Done about It (Washington, DC: NIJ, 2005)

Intermediate Sanctions Split sentencing Shock probation/parole Shock incarceration Community service Intensive supervision Home confinement

Advantages Less expensive to operate per offender than imprisonment “Socially cost-effective” by keeping the offender in the community, avoiding family breakups Flexibility in terms of resources, time of involvement, and place of service Joan Petersilia, Expanding Options for Criminal Sentencing (Santa Monica, CA: RAND Corporation, 1987).

Sanctions Fines Probation Intensive supervision Home confinement Electronic monitoring

Future of Probation and Parole Release Maxing out Furlough Study release Work release Temporary release

The Second Chance Act of 2008 Provides for the expenditure of $400 million in federal funds to break the cycle of criminal recidivism by assisting offenders reentering the community from incarceration to establish a self-sustaining and law-abiding life Congressional Budget Office, “Cost Estimate: S. 1060, Second Chance Act of 2007,” p. 4, http://www.cbo.gov/ftpdocs/86xx/doc8620/s1060.pdf (accessed August 28, 2008).