1. 12 CHAPTER Probation, Parole, and Community Corrections
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

2. Community Corrections
Also known as community-based corrections, community corrections:
Refers to a wide range of sentences
that depend on correctional
resources available in the
community.
Permit convicted offenders to remain
in the community under conditional
supervision as an alternative to an
active prison sentence.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

3. Community Corrections **
Examples include the following:
Probation
Parole
Home confinement
Electronic monitoring
Traditionally, community corrections emphasized rehabilitation as its goal. However, the focus has shifted to retribution (as well as incapacitation and deterrence). ***
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

4. Probation A sentence of imprisonment that is
suspended; instead, the sentence is
served while under supervision in the
community.
This is conditional freedom granted by
a judicial officer to a convicted
offender, as long as the person meets
certain conditions of behavior.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

5. Probation v. Diversion
Diversion, the systematic efforts to remove people from the CJ process by placing them in programs that offer alternatives to the next, more restrictive stage of processing, is often confused with probation. ** An example of diversion is: instead of arresting a man hitting his wife, the man is referred to anger management.

6. History of Probation English Roots:
In the 1400s, English courts began the practice of “binding over for good behavior,” in which offenders were placed in the custody of willing citizens.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

7. Probation There are five types of probation:
Straight probation, with no form of incarceration
Suspended-sentence probation—the offender can escape imprisonment by performing well on probation
Split sentence—jail time plus probation
Shock probation—two sentences: first prison, then probation
Residential probation—e.g. halfway house
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

8. Process and Procedures **
A probation sentence can be viewed as a process with three basic stages:
Placement of an offender on probation by a judge.
Supervision and service delivery for the probationer by probation officers.
Termination of the probation.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

9. Probation **
An advantage of probation over incarceration is that probation allows the offender to maintain family ties.**
Other advantages are: increased employment, ability to make restitution, community support, reduced risk of criminal socialization, increased use of community services and opportunity for rehabilitation.

10. History of Probation In the U.S.: The first probation officer was John
Augustus ( ), a Boston shoemaker
who observed court proceedings and volunteered
to take home drunkards. He supervised over
2,000 offenders.
In 1878 Massachusetts enacted a statute that
provided for the first paid probation officer. By
1925, all states and the federal government had
similar legislation.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

11. The Extent of Probation
Probation is the most commonly used form of
sentencing. **
20-60% of guilty individuals are placed on
probation.
The number of offenders supervised yearly on
probation increased almost 300% since 1980.
Today, there are over 3.9 million people on
States vary with regard to extent of use.
Even violent offenders may receive probation.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

12. Offenders Under Correctional Supervision in the U. S
Offenders Under Correctional Supervision in the U.S. by Type of Supervision
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

13. Percentage of Convicted Felony Offenders Receiving Probation
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

14. Probation ** More than 3/5 met the conditions (the majority) **
In 2002, of the nearly 2 million adults on probation:
More than 3/5 met the conditions (the majority) **
Approximately 13% were incarcerated
3% absconded
11% had probation revoked without
being ordered to serve time
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

15. Probation Conditions **
Probationers must abide by court-mandated conditions or risk probation revocation.
There are two types of conditions: general and specific.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

16. Probation Conditions General Conditions**
Apply to all probationers within the jurisdiction.
Examples: **
Obey laws
Maintain employment
Remain within jurisdiction
Allow probation officer to
visit home or work place
Pay court ordered fines
Specific Conditions**
Judge-mandated for the specific probationer.
Examples: **
Surrender driver’s license
Pass GED test
Do community service
Curfew
Complete a treatment plan
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

17. The Federal Probation System
There are approximately 4,000 federal probation officers.
Though they have the statutory authority to arrest probationers for a violation, officers are encouraged to obtain an arrest warrant and have it executed by the U.S. Marshals.
Some probation officers carry weapons.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

18. Issues in Probation **
Probation is an evolving, changing field with many controversial issues, including:
Probation fees
Legal issues: confidentiality and privacy
Caseload and recidivism **
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

19. Parole
… the status of an offender conditionally released from prison by a paroling authority prior to the expiration of sentence, required to observe conditions of parole, and placed under the supervision of a parole agency.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

20. Parole ** Strategy for prisoner reentry: The managed return to the
community of individuals
released from prison.
**The first person to implement parole in the U.S. was Zebulon Brockway. **
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

21. Probation and Parole **
Probation and parole are distinctly different forms of community correction administered by different authorities.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

22. Parole vs. Probation Parole Probation Offenders spend time
incarcerated before
release.
Parole is an
administrative decision
made by paroling
authority.
Parolees must abide
by conditions or risk
revocation.
Probation
Probationers generally
avoid prison time.
Probation is a
sentencing decision
made by a judge. (courts)*
Probationers must abide
by conditions or risk
revocation.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

23. Parole Decision-Making Mechanisms: Two Approaches
Parole Boards **
Grant discretionary parole based on judgment and assessment by parole board.
Statutory Decrees **
Produce mandatory parole, with release date set near sentence end, minus good time.
* More common
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

24. States That Have Eliminated Parole Boards
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

25. Extent of Parole There’s a growing reluctance to use
parole. (specifically discretionary)
Most states use mandatory release. **
About 91% of parolees are released via
mandatory release.
In 2004, 753,140 offenders were on
parole.
States vary considerably in their use of
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

26. Process and Procedures **
Besides helping establish the jurisdiction’s parole policies, the parole board is generally responsible for managing parole release processes and making decisions to terminate parole supervision.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

27. The Parole Board: Release and Termination **
Parole authorities consider a variety of factors in determining whether to grant parole, particularly:
Seriousness of the current offense
History of prior violent behavior
Prior felony convictions
Use of a firearm in committing the current offense
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

28. Extent of Parole Of all parolees:
42% successfully complete parole. (most)
26% return to prison for violations.
12% return to prison for new
violations.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

29. Parole Conditions** Similar to probation conditions
General and special conditions
Examples of conditions include stipulations that parolees must
Periodically report to parole officer
Maintain employment
Pay fines and restitution
Sometimes pay a “parole supervisory fee”
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

30. Parole Revocation An administrative action
Removing a person from parolee status in response to a violation of lawfully required conditions of parole.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

31. Federal parole decisions are made by the U.S. Parole Commission.
Commissioners consider an
inmate’s readiness for parole.
The U.S. Parole Commission must
be periodically recertified by
Congress.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

32. Advantages and Disadvantages of Probation and Parole
Low cost
Increased employment
Restitution
Community support
Reduced risk of criminal
sanctions
Increased use of
community services
Better rehabilitation
opportunities
Disadvantages **
Relative lack of
punishment
Increased risk to
community
Higher social costs
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

33. The Legal Environment

34. Griffin v. Wisconsin (1987) **
Supreme Court ruled that probation officers may conduct searches of a probationer’s residence without a search warrant or probable cause.
Though the 4th Amendment normally provides for privacy, probation “presents special needs beyond normal law enforcement that may justify departures.”
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

35. Pennsylvania Board of Probation and Parole v. Scott (1998)
Supreme Court declined to extend the exclusionary rule to searches done by parole officers.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
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36. U.S. v. Knights (2001)
Expanded the search authority normally reserved for probation and parole officers to police officers under certain circumstances.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

37. Revocation Hearings**
Revocation hearing—a hearing held before a legally constituted hearing body (such as a parole board) to determine whether a parolee or probationer has violated the conditions and requirements of his or her parole or probation.
Annually, about 16.5% of parolees and 2.2% of probationers have their conditional release revoked.
Most revocations stem from these violations:
Failure to report to probation or parole officer **
Failure to participate in a stipulated treatment program**
Alcohol or drug abuse while under supervision. **
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

38. Mempa v. Rhay (1967)** U.S. Supreme Court held that in
probation revocation decisions both
notice and a fair hearing are required
and probationer must have the
opportunity to be represented by
counsel.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

39. Morrissey v. Brewer (1972) **
U.S. Supreme Court held that parole revocation
proceedings require the following:
Written notice of specific alleged violation
Disclosure of evidence of violation
An impartial hearing body
Opportunity to offer a defense
A right to cross examine witnesses
A written statement of the outcome
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

40. Gagnon v. Scarpelli (1973) **
U.S. Supreme Court held that probationers
are entitled to two hearings.
A preliminary hearing to determine whether or not probable cause exists.
A more comprehensive hearing prior to the final decision about revocation.
Those hearings were to be done under the
conditions specified in Morrissey.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

41. The Relationship Between Gagnon v. Scarpelli & Morrissey v. Brewer **
A precedent was set by the decision made in Morrissey v. Brewer. Because this case established a two-stage process before parole revocation could take place, the US Supreme Court, extended the same rights to probationers (before probation revocation can take place) in the Gagnon v. Scarpelli case. The first hearing is basically a preliminary hearing and the second hearing is like a trial with witnesses and other evidence.

42. Greenholtz v. Nebraska Penal Inmates (1979) **
Parole boards do not have to specify
the evidence used in deciding to deny
parole. (US Supreme Court ruling)**
Nebraska had a statute requiring that inmates denied parole be given the reasons why. The parole board took the issue to court and the Court ruled that providing this information would make the procedure adversarial. They recommended that guidelines be provided but are not required.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

43. Probation cannot be revoked for failure to pay a fine and make
Bearden v. Georgia (1983)
Probation cannot be revoked for
failure to pay a fine and make
restitution if it could not be shown
that the defendant was responsible
for the failure…alternative forms of
punishment must be considered
before imposing a prison sentence.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

44. A probationer’s incriminating statements to a probation officer may
Minnesota v. Murphy (1984)
A probationer’s incriminating
statements to a probation officer may
be used as evidence if the probationer
does not specifically claim a right
against self-incrimination.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

45. The Job of Probation and Parole Officers **
Job Functions **
1. Presentence investigations
2. Intake procedures
3. Needs assessment/diagnosis
4. Supervision of clients ** (correctional model) **
Job Challenges
1. Balancing conflicting roles
2. Caseload
3. Frequent lack of opportunities for
upward mobility
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

46. Legal Issues of Correctional Officers
There are two general categories of legal issues that relate to parole:
parolees’ civil rights and
the liabilities of parole officials
Three central elements must be proven to establish liability on the part of parole and probation officials:
- the existence of a legal duty owed the public **
- evidence of a breach of the required standard of duty. **
- an injury or damage to a person or group proximately caused by the breach of duty

47. Intermediate Sanctions

48. Intermediate Sanctions
The use of non-traditional sentences in lieu of imprisonment and fines.
These sentences offer alternatives that fall somewhere between simple probation and outright incarceration.
Also called alternative sentencing strategies.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

49. Types of Intermediate Sanctions
Examples include:
Split sentences
Shock probation/parole
Shock incarceration
Mixed sentences and community service
Intensive supervision
Home confinement and electronic monitoring
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

50. Advantages of Intermediate Sanctions
There are three distinct advantages:
Less expensive, per offender, than prison
They are “socially cost effective”
Provide flexibility in terms of resources, time, and place
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

51. … a combination of brief incarceration followed by probation. **
Split Sentencing
… a combination of brief incarceration followed by probation. **
Frequently used for minor drug offenders.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

52. Shock Probation/Parole
Offender is sentenced to prison and is
allowed to apply for probationary
release.
Offender usually does not know if he will
be released and expects to serve a long
prison term.
Shock parole is similar, but the decision is
administrative rather than judicial.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

53. Shock Incarceration: **
Makes use of “boot camps” to demonstrate
reality of prison life.
Mainly used for first time offenders.
Boot camps involves strict discipline and
physical training.
Programs typically last from days (3-6 months).*
“Failures” return to general prison
population.
Though they appear “tough on crime,”
research shows recidivism rates to be
negligible.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

54. Mixed Sentencing and Community Service
Mixed sentencing—a sentence that required that a convicted offender serve weekends in a confinement facilities while undergoing probationary supervision in the community.
Other types of mixed sentences involve participating in treatment of community service.
Community service—requires offenders to spend time working for a community agency. Services can include washing of police cars, cleaning graffiti, and refurbishing public facilities.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

55. Temporary Release Programs
There are three common types of temporary release programs: - work release - study release - furloughs Most temporary release programs are work-release programs.

56. Temporary Release Programs
A limitation of work release programs is that most inmates must settle for low-skilled and low paying jobs because:
- many lack the educational and vocational background needed to secure higher paying jobs
there is more competition for higher paying jobs
many employers are reluctant to hire work-release inmates. **

57. Halfway Houses
Are community-based residential facilities that are less restrictive than prison or jail but provide a more controlled environment than other community correctional programs. ** They are also called community correctional centers.

58. Halfway Houses **
The programming of halfway houses (or community correctional centers**) involves five basic procedures:
Referral
Administrative screening
Intake and orientation
Program participation
Termination of the stay

59. Halfway Houses
Two of the most critical issues surrounding halfway houses are:
the relations between a halfway house and the local community of which it is a part. **
Recidivism among persons who have been discharged from the house. **

60. Intensive Supervision **
Form of probation that requires frequent (at least 5) face-to-face contact with probation officer **
Mandatory curfew
Employment required
Frequent check of local arrest records
Unannounced drug testing
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

61. Intensive Supervision **
IPS usually lasts six months to two years. **
The typical caseload of an intensive supervision probation officer is 40 probationers. **
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

62. Home Confinement and Electronic Monitoring
Sometimes called “house arrest.”
Individuals ordered confined to their homes.
Sometimes electronically monitored using remote location monitoring.
Often, people are allowed to leave during work hours, and may also leave during an emergency.
Use of electronic monitoring is increasing; home confinement did not become popular until the use of electronic monitoring became widespread in the 1980s. ***
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

63. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

64. Future of Probation and Parole
Criticized by many citizen groups, academics, some government officials, and even some prisoners.
“Get tough” attitudes have resulted in a decreased use of probation and parole.
Parole advocates caution that eliminating parole can lead to public safety issues and wasting tax dollars.
Some jurisdictions are moving toward a system of reentry courts with judges acting as reentry managers.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

65. Reinventing Probation and Parole
Reinventing probation and parole means that we must address:
Problems with risk assessment
Increased recidivism rates
Inadequate supervision of probationers and parolees
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.