Introduction to Criminal Justice CJ101 – Raymond Oberg Unit 8 Probation and Parole

Welcome to unit What’s New? Announcements Questions - Concerns

Question What is the difference between Probation & Parole? What rights do probationers and parolees have?

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. Probation is the most common form of criminal sentencing in the United States. Between 20% and 60% of those found guilty of crimes are sentenced to some form of probation.

Today Getting tough on sex offenders But even somewhat violent felons have a 1 – 5 chance of probation

PSI What is the PSI? What information does it contain? How is this information used to determine the conditions of probation or parole A violation of probation conditions results in Revocation

Probation Conditions There are 2 basic types: General obey all laws, maintain employment, remain within the jurisdiction of the court, possess no firearms, allow the probation officer to visit at home or at work Specific special things the judge feels is needed drug tests, therapy, community service

Federal Probation System Federal probation officers have statutory authority to arrest probationers for a violation. Under existing policy, however, they are encouraged to obtain an arrest warrant from a court, and the warrant is to be executed by the U.S. Marshals Service. Most federal probation officers may carry a firearm for defensive purposes while on duty.

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. Decisions on parole: Board or Statute

Parole Today Parolees make up one of the smallest of the correctional categories Conditions are similar to that of probation - restitution etc. NOTE: The successful and continued employment of parolees is one of the major concerns of parole boards and their officers, and studies have found that successful employment is a major factor in reducing the likelihood of repeat offenses.

Probation and Parole - Advantages Lower Cost Increased employment Restitution Community support (family etc) Reduced risk of criminal socialization Increased use of community services Increased opportunity for rehabilitation

Probation and Parole - Disadvantages Relative lack of punishment – Just deserts Increased risk to the community Increased social costs

The Legal Environment The most frequent violations for which revocation occurs are (1) failure to report as required to a probation or parole officer, (2) failure to participate in a stipulated treatment program, and (3) alcohol or drug abuse while under supervision. Revocation hearings may result in an order that a probationer’s suspended sentence be made “active” or that a parolee return to prison to complete his sentence in confinement

The Job of Probation and Parole Officers Probation/parole work consists primarily of four functions: (1) presentence investigations, (2) other intake procedures, (3) needs assessment and diagnosis, and (4) client supervision. All probation and parole officers must keep confidential the details of the presentence investigation, including psychological tests, needs assessment, conversations between the officer and the client, and so on.

Job Challenges One of the biggest challenges that probation and parole officers face is the need to balance two conflicting sets of duties provide quasi–social work services to handle custodial responsibilities. Caseloads

Intermediate Sanctions The basic philosophy behind intermediate sanctions is this: When judges are offered well planned alternatives to imprisonment, the likelihood of a prison sentence is reduced. An analysis of alternative sentencing plans like those sponsored by the Sentencing Project shows that judges accept them in up to 80% of the cases in which they are recommended and that as many as two-thirds of offenders who receive intermediate sentences successfully complete them

Intermediate Sanctions Intermediate sanctions have three distinct advantages: (1) They are less expensive to operate per offender than imprisonment; (2) they are “socially cost-effective” because they keep the offender in the community, thus avoiding both the breakup of the family and the stigmatization that accompanies imprisonment; (3) they provide flexibility in terms of resources, time of involvement, and place of service

Examples Split Sentencing are often ordered to serve time in a local jail rather than in a long-term confinement facility. Ninety days in jail, followed by two years of supervised probation, is a typical split sentence. Split sentences are frequently given to minor drug offenders and serve notice that continued law violations may result in imprisonment for much longer periods.

Shock Probation Shock Parole Shock probation strongly resembles split sentencing. The offender serves a relatively short period of time in custody (usually in a prison rather than a jail) and is released on probation by court order. The difference is that shock probation clients must apply for probationary release from confinement and cannot be certain of the judge’s decision. In shock probation, the court in effect makes a resentencing decision shock parole is an administrative decision made by a paroling authority

Shock Incarceration Became popular during the 1990s, utilize military-style “boot camp” prison settings to provide highly regimented environments involving strict discipline, physical training, and hard labor. Shock incarceration programs are designed primarily for young first offenders and are of short duration, generally lasting for only 90 to 180 days. Offenders who successfully complete these programs are typically returned to the community under some form of supervision. Program “failures” may be moved into the general prison population for longer terms of confinement

Mixed Sentencing & Community Service Some mixed sentences require that offenders serve weekends in jail and receive probation supervision during the week. Other types of mixed sentencing require offenders to participate in treatment or community service programs while on probation. Community service is more ADDED than a type

Intensive Supervision (IPS) has been described as the “strictest form of probation for adults in the United States.” IPS is designed to achieve control in a community setting over offenders who would otherwise go to prison. Caseloads are much lower

Home Confinement Home confinement, also referred to as house arrest, by the court in which offender can be defined as “a sentence imposed s are legally ordered to remain confined in their own residences.” Home confinement usually makes use of a system of remote location monitoring.

Future of Community Corrections The state legislature should enact laws requiring some form of mandatory supervision for everyone who is released from incarceration, with longer-term mandatory supervision for those offenders who meet criteria focused on potential danger to the community. Parole eligibility should be made available to more prisoners, and intermediate sanctions should be applied, where appropriate. A standardized offender assessment process should be established Reentry planning should begin early in the period of incarceration. Collaboration among the reentry stakeholders (police, probation/parole agencies, charitable organizations, and businesses) at the state, local, county, and community levels must be increased. Job training should be increased, and work must be done to remove obstacles to obtaining employment and housing for released offenders. Better access to treatment for drug- and alcohol-addicted offenders should be available. Tax incentives should be created to encourage the expansion of employment opportunities for those inmates returning to the community who agree to remain in close connection with an organized community-based reentry program.