1. Probation and Parole: Corrections in the Community
Thirteenth Edition
Chapter 9
Probation and Parole Supervision

2. Learning Objectives (1 of 3)
2.1 Understand classification in probation and parole (P/P).
2.2 Learn the risk/needs assessment (RNA).
2.3 Recognize risk factors that predict recidivism among individuals under community supervision.
2.4 Learn how scores determine the level of supervision.
2.5 Distinguish between assigning offenders based on workload rather than caseload.
2.6 Learn the issues that confront parolees immediately after their release from prison.
Slide 2 is list of textbook LO numbers and statements

3. Learning Objectives (2 of 3)
2.7 Know why some agencies use “place-based supervision.”
2.8 Learn the advantages of incorporating geographic considerations in case assignment.
2.9 Understand why research into the connection between the economy, unemployment, and crime is inconclusive.
2.10 Recognize that unemployment and recidivism are highly correlated only because each is associated with another factor.
2.11 Appreciate how “ban the box” statutes increase the ability of an offender to gain employment.
2.12 Learn how legal considerations exercise a negative incentive to employ ex-offenders.
Slide 2 is list of textbook LO numbers and statements

4. Learning Objectives (2 of 3)
2.13 Distinguish probation violations procedures from parole violation procedures.
2.14 Know the two basic types of P/P violations.
2.15 Distinguish levels of evidence in P/P violation hearings from that of a criminal proceeding.
2.16 Know issues involving the granting of “street time.”
2.17 Know how the Gagnon and Morrissey decisions provide basic due process rights for alleged P/P violations.
2.18 Understand how the major legal issue with respect to P/P is “liberty interest.”
Slide 2 is list of textbook LO numbers and statements

5. Introduction
P/P supervision begins soon after the offender is placed on probation or released from a correctional facility.
Report into the P/P office with in 48 hours
P/P officers have concerns:
Recidivate
Insufficient resources
Concerns for public safety

6. Classification in Probation and Parole (1 of 4)
Prisons use classification for security needs
Classification has been expanded to rehabilitation programs and P/P for caseload management
Risk/Needs Assessment (RNA) is a tool that measures offender’s criminal risk factors and specific needs.

7. Classification in Probation and Parole (2 of 4)
Gauges static and dynamic factors to determine a probability of recidivating
Static predictors: current age, past criminal history, age of first arrest, and type of crime committed
Dynamic factors:
Antisocial personality pattern
Procriminal attitude
Antisocial associates
Substance abuse
Problematic circumstances at home, school, or work

8. Classification in Probation and Parole (3 of 4)
Wisconsin developed a RNA that was adopted by the National Institute of Corrections (1975)
It was complete, simple, and easy to utilize
Variables along two dimensions:
Degree offender presents a risk of recidivism
Degree offender has needs that require assistance
Score of the risk and the score of the needs are compared to determine a supervision level
Reduced, regular, close, and intensive
Different RNA tools are used to determine pretrial release, release from prison, sex offenders

9. Classification in Probation and Parole (4 of 4)
Correctional Assessment and Intervention System (CAIS)
Juvenile Assessment and Intervention System (JAIS)
Offender is placed in one of four supervision strategy groups:
Selective Intervention
Casework/Control
Environment Structure
Limit Setting

10. Supervision Levels in Georgia
P/P officer’s time distributed based on workload (anticipated amount of time each case will demand)
Verses caseload which is the number of clients that agent is supervising.
Higher level supervision cases require more time than lower level supervision cases
Six levels of supervision:
Administrative
Minimum (nondirect) supervision
Minimum (direct) supervision
Medium
High
Maximum

11. Supervision Process in Probation and Parole
Supervision in P/P is typically handled by the same agency in most states and are similar
Understanding that parolees may be more of a danger to the community than probationers
Going from prison life back into society is more of an adjustment
More stigma, less skills

12. Case Assignment
Placed-based supervision: P/P agencies operating satellite offices 24/7 in communities
P/P officers become more familiar with the neighborhood
Makes it easier for offenders to report
Improves efficiency of P/P officers
Cases can be assigned to a P/P officer:
Randomly
Based on geographic location
Based on a specialized caseload
Based on a workload point system

13. Initial Interview (1 of 2)
Initial interview between offender and P/P is crucial
Sizing-up process
Rules are explained
Questions are answered
Realistic standards and goals are set
Reporting requirements are stressed
Importance of avoiding unlawful behavior, maintaining employment, and maintaining a place of residence
Referrals to programs are made

14. Initial Interview (1 of 2)
A home visit is scheduled
Assistance with employment is offered
Support of additional resources are offered
Housing issues are addressed
Notification of local law enforcement if required is completed
Example: New York page 274 in textbook

15. Content of Initial Interview
Physical appearance of parolee is updated
Attitudes are noted
Parolee is encouraged to participate in the initial interview and share plans, problems, and goals
Initial interview is the foundation of the relationship

16. Supervision Planning Process: U.S. Probation
Supervision planning process creates a strategy-based plan of action addressing specific issues
Supervision of activities that are required by conditions
Planning begins with an initial assessment
The plan will be reviewed by a supervisor, and when approved, implemented
P/P officer is responsible for supervising the activities necessary to enforce conditions, control risks, and provide treatment

17. Probationers are required to attend an orientation within 30 days
Montgomery County (Ohio) Adult Probation Department Probation Orientation Program
Probationers are required to attend an orientation within 30 days
Orientation gives each client a clear understanding of the probation process
Also introduces them to services offered
Conveys that they have an active part in supervision

18. Ongoing Supervision Home visits provide opportunity to meet family
It is a learning opportunity for both sides
Home visit benefits can include:
Verification of client’s address
Better understanding of client, family situation, neighborhood
Catching offender in criminal behavior
Improve agency’s public image
Improve relationship between PPO and client
Example: Case notes on page 262 and 263

19. Offender Employment
Research into the connection between the economy, unemployment, and crime is inconclusive
Employment may not be the cause of the variable “go straight”
Motivation for an offender to seek and maintain gainful employment is also what tends to motivate the offender to avoid criminal behavior
Securing and maintaining employment is often required under P/P supervision
Lack of skills, lack of job commitment, and a criminal record are significant impediments

20. Stigma of a Criminal Record (1 of 2)
Should an ex-offender reveal their criminal record?
Many employers will not hire an ex-offender if an alternative exists
All states have statues barring convicted felons from certain types of employment
Trend in “ban the box” that asks on an application about a criminal record
May just postpone the question to the interview stage
Criminal records may now be found online

21. Stigma of a Criminal Record (2 of 2)
Research shows:
Race may play a dominate role in shaping employment opportunity that is equal or greater than the impact of a criminal record
Fewer than 40% of all employers claim they would definitely or probably hire ex-offenders
Some states have removed statutory restrictions on gaining licenses necessary for employment
EEOC ruled that an absolute bar to employment based solely on a convictions is unlawful
Federal Bonding Program: Work Opportunity Tax Credit

22. Conviction-Imposed Disabilities
Conviction-Imposed Disabilities can include:
Employment restrictions
Right to vote (48 states deny prisoners right to vote)
Access to social services and food stamps
Access to motor vehicle licenses
States vary in the method and extent to which they provide relief from disabilities incurred by probationers and parolees
Automatic restoration of right to vote after satisfactory completion is one example

23. Length of Supervision
ABA recommends two years probation for a misdemeanor and 5 years for a felony conviction
Fixed term is a set amount of years
Example: 2 years
Federal system allows for the termination for a misdemeanor at any time and after one year for a felony
Statutes may determine how and when supervision can be terminated
In most states, a parolee can be discharged before the expiration of a sentence or a mandated period of supervision

24. Violation of Probation/Parole Supervision (1 of 3)
Probation supervision is within the purview of the courts, and revoking probation is a decision made by a judge
Parole supervision is an administrative function and revoking parole is a responsibility of a parole board
Two types of violations:
Technical violations
New offense violations

25. Violation of Probation/Parole Supervision (2 of 3)
Often new offense violations often involve technical violations
Several P/P agencies provide for a structured, measured response to violations
P/P officers may have some discretion in responding to a violation, especially if they are minor and/or technical
May be dealt with informally

26. Violation of Probation/Parole Supervision (3 of 3)
P/P violations are a contributing factor to prison overcrowding
Violation of supervision management strategies are used to avoid incarcerating all clients in violation
Involve graduated sanctions
Make use of halfway houses, Violation Centers, curfews, intensive supervision, etc.

27. Violation of Probation Process
Typically a PO confers with a supervisor, and a notice of violation will be filed with the court if the violation is serious
Case will be placed on court calendar
Probationer will be notified of the allegations and be directed to appear for a preliminary or probable cause hearing
Offender can plead guilty or not guilty
If guilty, the PO writes a violation report which is given to the judge prior to the revocation hearing

28. Probation Violation Flowchart
Insert Figure 9.1 on page 293 in the textbook

29. Revocation Hearing
At the revocation hearing, the probationer will have the opportunity to testify and present witnesses
A defense attorney may be present
Only preponderance of the evidence is needed and no supportive evidence is needed
Minor violations may result of continued probation with additional conditions
Major violations may result in probation being revoked and imprisonment is ordered

30. Violation of Parole Supervision
Also has technical and new offense violations
Parole officer becomes aware of the violation
Can take informal violation action
May even have the authority to amend conditions with parolee’s agreement in an effort in avoiding a formal violation
Parole officer may discuss with a supervisor and probable cause is determined
Each state responds differently at this stage
Refer to textbook pages

31. Parole Violation Flow Chart
Insert Figure 9.2

32. Preliminary Hearing
If in custody for violation or new offense the PO will provide him/her with a notice of a preliminary hearing and the alleged violations
Used to determine probable cause
If no warrant and the subject is not being held in custody, the violator can be summoned to appear
Parolee can challenge the allegations, bring witnesses, or use an attorney (varies by state)
A parole violation report will be prepared by the PO

33. Revocation Hearing
Revocation hearing takes place within 90 days of the preliminary hearing
Usually presided over by one or more members of the parole board
Hearing officer can restore supervision with additional conditions or revoke supervision and return the offender to prison

34. Street Time
Time under supervision (street time) is usually not deducted from the time owed by a probation violator
Exception in some states if probation is successfully completed
In general parole violators have street time deducted from the time they owe
In the federal system, street time is not granted for those under any type of community supervision
Due to overcrowding, several states do not allow for revocation for technical violations

35. Legal Issues in Probation and Parole Supervision
Mempa decision gave probationers the right to counsel in certain instances of probation violations
Legal decisions usually impact both probation and parole
Morrissey and Gagnon
Exclusionary rule does not apply to probation and parole violations

36. Case Law and Conditions of Probation and Parole
In general courts can impose any conditions of probation reasonably related to rehabilitation of the offender
Probationers have a diminished expectation of privacy
Miranda may be needed if a P/P officer takes a P/P into custody and there is evidence of a new crime

37. Probation and Parole Violation and Case Law
Due process is directly related to what is at risk
Mempa v. Rhay
Menechino v. Warden
Morrissey v. Brewer
Preliminary hearing and a revocation hearing
Gagnon v. Scarpelli