CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Chapter 10 Probation, Parole, and Community Corrections

CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Learning Objectives Explain the difference between probation and parole Describe the federal probation system Explain the nature of the job of probation and parole officers List the advantages of intermediate sanctions over more traditional forms of sentencing Describe the likely future of probation and parole

CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Rights of the Convicted and Imprisoned Individual Rights: Common law, constitutional, statutory, and humanitarian rights of the accused: –A right against cruel and unusual punishment –A right to protection from physical harm –A right to sanitary and healthy conditions –A limited right to legal assistance –A limited right to religious freedom –A limited right to freedom of speech –A limited right to due process before denial of privileges

CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Rights of the Convicted and Imprisoned Public Order: Individual rights must be effectively balanced against these community concerns: –Punishment of the guilty –Safe communities –The reduction of recidivism –Secure prisons –Control over convicts –The prevention of escape –Rehabilitation –Affordable prisons

CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Community Corrections The use of a variety of 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.

CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Offenders under Correctional Supervision in the United States

CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Probation Conditions Probationers must agree to abide by court−mandated conditions of probation. A violation of conditions can lead to probation revocation.

CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ What Is Parole? Parole is: Types of parole decision-making mechanisms: –Parole boards –Statutory decrees producing mandatory parole The status of a convicted offender who has been “conditionally released” from prison by a paroling authority before the expiration of his or her sentence, is placed under the supervision of a parole agency, and is required to observe the conditions of parole.

CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ The Extent of Parole Parole is the smallest correctional category. There is a realization that correctional routines have been ineffective at producing any substantial reformation. 26% + of parolees are returned to prison for parole violations.

CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Parole Conditions Conditions of parole (probation) refers to: General conditions tend to be fixed by state statute, while special conditions are mandated by the sentencing authority and take into consideration the offender’s background and the crime. The general and special limits imposed on an offender who is released on parole (or probation).

CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Parole Conditions A provision for making restitution payments is also frequently included as a condition of parole. As with probation, failure to meet the conditions may result in parole revocation.

CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Federal Parole Federal parole decisions are made by the U.S. Parole Commission and based on: –Inmates’ job readiness –Home plans –Past record –Accomplishments while in prison –Good behavior –Previous probation and parole experiences While federal parole was to be abolished by 1992, the life of the commission was extended. Parole Supervision is conducted by U.S. Probation Officers (Federal District Court)

CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Probation and Parole: The Advantages Lower cost Increased employment Restitution Community support Reduced risk of criminal socialization Increased use of community services Increased opportunity for rehabilitation

CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Probation and Parole: The Disadvantages A relative lack of punishment Increased risk to the community Increased social costs Increased financial costs for failures

CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ The Legal Environment Parole revocation proceedings require that: –The parolee be given written notice specifying the alleged violation. –Evidence of the violation be disclosed. –A neutral and detached body constitutes the hearing authority. –The parolee has the chance to appear and offer a defense. –The parolee has the right to cross-examine witnesses. –A written statement be provided to the parolee at the conclusion of the hearing.

CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ The Legal Environment Because they face a substantial loss of liberty, probationers are entitled to two hearings: –A preliminary hearing to determine probable cause. –A more comprehensive hearing prior to the making of the final revocation decision.

CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Federal Probation System The National Probation Act in 1925 authorized the use of probation in federal courts. Federal probation officers who prepare presentence reports must: –Evaluate the evidence in support of the facts. –Resolve certain disputes between the prosecutor and defense attorney. –Testify when needed to provide evidence in support of administrative application of sentencing guidelines. –Attach an addendum to the report that demonstrates that the report has been disclosed to the defense attorney, defendant, and government counsel.

CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ The Job of Probation and Parole Officers Four primary functions: –Presentence investigations –Intake procedures –Needs assessment and diagnosis –Client supervision

CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ The Challenges of the Job The need to walk a fine line between two conflicting sets of duties (“Roll Conflict”) –Quasi-social work services –Custodial responsibilities (discuss example) The high caseloads The frequent lack of opportunity for career mobility

CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Intermediate Sanctions Intermediate sanctions refers to: Advantages: –Less expensive to operate per offender –Socially cost effective –Provides flexibility in terms of resources The use of split sentencing, shock probation or parole, shock incarceration, community service, intensive supervision, or home confinement in lieu of other more traditional sanctions, such as imprisonment and fines.

CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Intermediate Sanctions Split sentencing refers to: Shock probation refers to: A sentence explicitly requiring the convicted to serve a period of confinement followed by a period of probation. The practice of sentencing offenders to prison, allowing them to apply for probationary release, and enacting such release in surprise fashion.

CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Intermediate Sanctions Shock incarceration refers to: Mixed sentence refers to: A sentencing option that makes use of “boot camp” type prisons to impress on convicted offenders the realities of prison life. A sentence that requires that a convicted offender serve weekends in a confinement facility while undergoing probationary supervision in the community.

CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Intermediate Sanctions Community service refers to: Intensive probation supervision (ISP) is: A sentencing alternative that requires offenders to spend at least part of their time working for a community agency. A form of probation supervision involving frequent face-to-face contact between the probationer and the probation officer.

CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Intermediate Sanctions Home confinement refers to: Federal home confinement has three conditions: –Curfew –Home detention –Home incarceration House arrest. Individuals ordered confined to their homes are sometimes monitored electronically to ensure they do not leave during the hours of confinement.

CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ The Future of Probation and Parole Parole has been criticized for: –Unfairly reducing prison sentences imposed on serious offenders. –Being arbitrarily granted and creating undue uncertainty in the lives of inmates. Probation has been criticized for: –Following a rehabilitative ideal that is not culturally popular. –Not being a very powerful deterrent. –Lacking leadership and a simple standard of behaviors.