1. 8
Probation and Parole Supervision

2. 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

3. Risk/Needs Assessment
Risk assessments gauge static and dynamic factors that influence whether a person will recidivate
Static predictors
current age
past criminal history
age at first arrest
type of crime committed

4. Risk/Needs Assessment
Dynamic risk factors
Anti-social personality pattern
Pro-criminal attitude
Anti-social associates
Poor use of leisure/recreational time
Substance use
Problematic circumstances at home
Problematic circumstances at school or work

5. Risk/Needs Assessment
Qualify variables along two dimensions
The degree to which the offender presents a risk of recidivating
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

6. 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

7. 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

8. Initial Interview Considered a crucial time in the supervision process
Several items are usually emphasized
Need to make in-person, telephone, or mail reports
Need to keep the P/P officer informed of his/her place of residence
Need to seek and maintain lawful employment

9. Initial Interview Several items are usually emphasized
Need to avoid unlawful behavior and report contacts with law enforcement officers

10. Initial Interview
Four major objectives for the PO in the initial interview
Establish a casework relationship with the parolee
Secure the parolee’s participation in an analysis of his/her problems
Make constructive suggestions

11. Initial Interview
Four major objectives for the PO in the initial interview
Leave the parolee with some positive assurance of what there is to look forward to

12. Initial Interview Suggested content of initial interview
Description of the parolee
Update parolee’s physical appearance
Analysis of problems and initiating casework process
Discuss problems and goals
Discussion of parole program
Reporting instructions
Office reports

13. Initial Interview Suggested content of initial interview
Attitude toward the PO and the interview
Description of parolee’s attitude

14. 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

15. 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

16. 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

17. 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

18. 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

19. Stigma of a Criminal Record
Government jobs, banks, hospitals may require disclosure
Information may be available to employers via the Internet

20. 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

21. 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

22. 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

23. Length of Supervision
Most states allow for early discharge of a parolee/releasee

24. Violation of Probation and Parole
Two types of violations
Technical - violate any of the conditions of probation
New offense - when a violation involves a new crime

25. Violation of Probation and Parole
Violation of supervision management strategies used to avoid incarcerating clients who are in violation of their conditions of supervision

26. 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

27. Revocation Hearing Probationer can testify and present witnesses
May have an attorney present
Proof level needed - Preponderance of the evidence

28. Revocation Hearing If charges sustained:
Probationer can be reprimanded and restored to supervision
Probation can be revoked and imprisonment ordered

29. 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

30. 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

31. 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

32. 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

33. 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

34. 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

35. 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

36. 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

37. 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

38. 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

39. 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

40. Probation and Parole Violation and Case Law
In Morrissey decision Court suggested minimum requirements of due process for the revocation hearing:
written notice of the claimed violation of parole
disclosures to the parolee of evidence against him
opportunity to be heard in person and to present witnesses and evidence

41. Probation and Parole Violation and Case Law
In Morrissey decision Court suggested minimum requirements of due process for the revocation hearing:
right to confront and cross-examine adverse witnesses
"neutral and detached" hearing body such as a traditional parole board
Written statement by the fact finders as to the evidence relied on and reasons for revoking parole

42. Probation and Parole Violation and Case Law
Morrissey v. Brewer (1972)
Viewed parole revocation as a two-stage process:
The arrest of the parolee and a preliminary hearing
The revocation hearing

43. Probation and Parole Violation and Case Law
Gagnon v. Scarpelli (1973)
In case of probation violation, probationer is entitled to:
Notice of alleged violations
Preliminary hearing to decide whether there is sufficient (probable)cause to believe that probation was violated
The revocation hearing

44. Key Terms Caseload Classification Corroboration Due process
Exclusionary rule
Street time
Liberty interest
Workload

45. Key Terms Revocation hearing Technical violation
Place-based supervision
Preponderance of the evidence
Probable cause hearing
Risk/needs assessment
Caseload management
Level Service Inventory

46. Key Terms
Violation of supervision management strategies