Probation and Parole: Theory and Practice CHAPTER Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Probation and Parole Supervision 8

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Classification in Probation and Parole Prisons traditionally classified inmates on basis of the security needs of the institution and the physical limitations of the prisoner Corrections model expanded it to include items relevant to rehabilitation programs Classification now widespread in P/P, primarily for caseload management

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Risk/Needs Assessment Risk assessments gauge static and dynamic factors that influence whether a person will recidivate Static predictors 1)current age 2)past criminal history 3)age at first arrest 4)type of crime committed

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Risk/Needs Assessment Dynamic risk factors 1)Anti-social personality pattern 2)Pro-criminal attitude 3)Anti-social associates 4)Poor use of leisure/recreational time 5)Substance use 6)Problematic circumstances at home 7)Problematic circumstances at school or work

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Risk/Needs Assessment Qualify variables along two dimensions 1.The degree to which the offender presents a risk of recidivating 2.The degree to which the offender requires assistance, needs, from the probation/parole agency Effective in predicting success or failure in completing P/P terms

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Supervision Process in Probation and Parole Supervision process is similar in both probation and parole In most states both types of offenders are handled by same agency Parolees are considered a greater danger to the community than probationers Parolees have prison experience, probationers usually do not

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Case Assignment Supervision begins when offender placed on the caseload/workload of P/P officer  Report to the office responsible for the area in which they reside  Assigned to specialized caseloads by virtue of a salient characteristic, such as a history of drug abuse or mental illness  Classification schemes used to determine supervision level

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Initial Interview Considered a crucial time in the supervision process Several items are usually emphasized 1.Need to make in-person, telephone, or mail reports 2.Need to keep the P/P officer informed of his/her place of residence 3.Need to seek and maintain lawful employment

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Initial Interview Several items are usually emphasized 4.Need to avoid unlawful behavior and report contacts with law enforcement officers

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Initial Interview Four major objectives for the PO in the initial interview 1.Establish a casework relationship with the parolee 2.Secure the parolee’s participation in an analysis of his/her problems 3.Make constructive suggestions

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Initial Interview Four major objectives for the PO in the initial interview 4.Leave the parolee with some positive assurance of what there is to look forward to

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Initial Interview Suggested content of initial interview 1.Description of the parolee Update parolee’s physical appearance 2.Analysis of problems and initiating casework process Discuss problems and goals Discussion of parole program 3.Reporting instructions Office reports

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Initial Interview Suggested content of initial interview 4.Attitude toward the PO and the interview Description of parolee’s attitude

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Supervision Planning Process Designed to create a strategy-based plan of action to address specific issues Provide for efficient and effective use of the PO’s time Does not deemphasize the importance of personal contact Begins with the initial assessment period

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Offender Employment Whatever it is that motivates an offender to seek and maintain gainful employment also tends to motivate the offender to avoid criminal behavior Securing and maintaining of employment or training for employment crucial aspects of P/P supervision

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Offender Employment Employment enhances the self-worth and image of the offender Probationers and parolees are often undereducated and with few skills Have been separated from employment and the community contacts for some time Prison environment offers little help

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Offender Employment P/P officers make direct referrals to particular employers or may refer client to agencies Provide guidance and counseling Help to fill out applications Help the client prepare for job interview

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Stigma of a Criminal Record Critical aspect of employment - question of revealing the criminal record Some offenders are required by law or agency policy to reveal when applying for certain jobs

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Stigma of a Criminal Record Government jobs, banks, hospitals may require disclosure Information may be available to employers via the Internet

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Stigma of a Criminal Record Fewer than 40% of all employers claim that they would definitely or probably hire ex-offenders Some states have tried to minimize the legal harm caused by a criminal record Direct relationship - showing that the nature of the criminal conduct has a direct bearing on the fitness or ability to carry out the duties

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Relief from Disabilities Some states have automatic restoration procedures on satisfactory completion of P/P supervision Many states have statutes designed to restore forfeited rights with some restrictions in licensing and occupational areas Lifetime disenfranchisement for felons remains constitutional

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Length of Supervision Varies from state to state Some states authorize early termination of probation Length of time an offender must spend on parole/conditional release supervision is governed by the length of the sentence and the laws of the state where he or she was convicted

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Length of Supervision Most states allow for early discharge of a parolee/releasee

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Violation of Probation and Parole Two types of violations 1.Technical - violate any of the conditions of probation 2.New offense - when a violation involves a new crime

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Violation of Probation and Parole Violation of supervision management strategies used to avoid incarcerating clients who are in violation of their conditions of supervision

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Violation of Probation Process Revocation process  Preliminary hearing or probable cause hearing  If probationer pleads “guilty,” judge may deal with the case at once  If the probationer denies the charges judge determines if there is probable cause to believe that probation was violated

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Revocation Hearing Probationer can testify and present witnesses May have an attorney present Proof level needed - Preponderance of the evidence

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Revocation Hearing If charges sustained: 1.Probationer can be reprimanded and restored to supervision 2.Probation can be revoked and imprisonment ordered

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Violation of Parole Supervision Technical violation  Occurs when any of the conditions of parole have been violated New offense violation  Involves an arrest and prosecution for the commission of a new crime  New offense violation often involve technical violations

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Preliminary Hearing Determine whether there is probable cause to believe the parolee violated a parole condition Required if the offender is to be detained on a warrant pending a revocation hearing Offender may waive the hearing Offender will have the opportunity to challenge the alleged violations

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Revocation Hearing If probable cause is found, the parolee will be held in custody pending a revocation hearing Revocation hearing  Similar to preliminary hearing  Violator is entitled to counsel  Determine if the violation is serious enough to revoke parole

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Revocation Hearing Will consider information about the offender’s adjustment to supervision Presided over by one or more members of the parole board or hearing officers who make recommendations to the parole board Decision made on whether parole supervision will be revoked

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Street Time If parole is revoked, time parolee serves in prison may vary from jurisdiction to jurisdiction Generally, the parolee is given credit for the time that he/she was under supervision

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Street Time If given credit for street time at the time of revocation, the offender will serve the remainder of the sentence If no street time, then no credit for time on supervision

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Legal Issues in Probation and Parole Supervision Mapp v. Ohio (1961) -  Exclusionary rule does not apply to probation revocation hearings Pennsylvania Board of Probation and Parole v. Scott (1998) -  Evidence seized in violation of the Fourth Amendment generally can be used in a probation/parole violation hearing

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Case Law and Conditions of Probation and Parole Courts can impose any conditions of probation reasonably related to the rehabilitation of the offender and protection of the community Probationers have a diminished expectation of privacy Probationers can be required to report in person and to answer all reasonable inquiries by the PO

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Case Law and Conditions of Probation and Parole Minnesota v. Murphy (1984)  Probationer must specifically invoke the privilege to remain silent, or incriminating responses may be used against him or her Owens v. Kelley (1982)  Probation condition to submit to and cooperate with a lie detector test is not violation of offender’s Fifth Amendment rights

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Probation and Parole Violation and Case Law Mempa v. Rhay (1967)  Under certain conditions a probationer is entitled to counsel at a revocation hearing Menechino v. Oswald (1970)  Granted parolees the right to counsel and to call their own witnesses at parole revocation hearings

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Probation and Parole Violation and Case Law Morrissey v. Brewer (1972)  Marked the beginning of the U.S. Supreme Court’s involvement with parole revocation procedures  Issue was whether the due process clause of the 14th Amendment applied to parole Gagnon v. Scarpelli (1973)  Similar decision in the case of a probation violation

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Probation and Parole Violation and Case Law In Morrissey decision Court suggested minimum requirements of due process for the revocation hearing: 1.written notice of the claimed violation of parole 2.disclosures to the parolee of evidence against him 3.opportunity to be heard in person and to present witnesses and evidence

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Probation and Parole Violation and Case Law In Morrissey decision Court suggested minimum requirements of due process for the revocation hearing: 4.right to confront and cross-examine adverse witnesses 5."neutral and detached" hearing body such as a traditional parole board 6.Written statement by the fact finders as to the evidence relied on and reasons for revoking parole

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Probation and Parole Violation and Case Law Morrissey v. Brewer (1972)  Viewed parole revocation as a two-stage process: 1.The arrest of the parolee and a preliminary hearing 2.The revocation hearing

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Probation and Parole Violation and Case Law Gagnon v. Scarpelli (1973)  In case of probation violation, probationer is entitled to: 1.Notice of alleged violations 2.Preliminary hearing to decide whether there is sufficient (probable)cause to believe that probation was violated 3.The revocation hearing

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Key Terms Caseload Classification Corroboration Due process Exclusionary rule Street time Liberty interest Workload

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Key Terms Revocation hearing Technical violation Place-based supervision Preponderance of the evidence Probable cause hearing Risk/needs assessment Caseload management Level Service Inventory

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Key Terms Violation of supervision management strategies