1. CHAPTER 10
Probation, Parole, and Community Corrections

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.

3. Community Corrections
Examples include the following:
Probation
Parole
Home confinement
Electronic monitoring

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.

5. The Extent of Probation
Probation is the most commonly used form of
sentencing.
In 2004, there were over 4 million people on probation.
Even violent offenders may receive probation.

6. Offenders Under Correctional Supervision in the U. S
Offenders Under Correctional Supervision in the U.S. by Type of Supervision
Source: Bureau of Justice Statistics, Correctional Surveys

7. Probation Conditions
Probationers must abide by court-mandated conditions or risk probation revocation.
There are two types of conditions: general and specific.

8. 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

9. The Federal Probation System
There are about 151,000 offenders on probation. (2004)

10. Federal Probation Officers
There are approximately 7,750 federal
probation officers, also called community
corrections officers.
They have the statutory authority to arrest
probationers for a violation, but are
encouraged to get an arrest warrant and
have it executed by the U.S. Marshals.
Some carry weapons.

11. Parole
Parole—a prisoner re-entry strategy in which inmates receive supervised conditional early release from correctional confinement.

12. 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. (May serve some jail time.)
Probation is a
sentencing decision
made by a judge.
Probationers must abide
by conditions or risk
revocation.

13. Parole Decision-Making Mechanisms: Two Approaches
Parole Boards
Grant discretionary parole based on judgment and assessment by parole board.
Statutory Decrees
Produce mandatory release, with release date set near sentence end, minus good time.
More common

14. Extent of Parole Of all parolees: 45% successfully complete parole.
26% return to prison for parole
violations.
12% return to prison for new

15. 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

16. The Legal Environment

17. Griffin v. Wisconsin (1987)
The Supreme Court ruled that probation officers may conduct searches of a probationer’s residence without a search warrant or probable cause.
Though the Fourth Amendment normally provides for privacy, probation “presents special needs beyond normal law enforcement that may justify departures.”

18. Pennsylvania Board of Probation and Parole v. Scott (1998)
The Supreme Court declined to extend the exclusionary rule to searches done by parole officers.

19. U.S. v. Knights (2001)
Expanded the search authority normally reserved for probation and parole officers to police officers under certain circumstances.

20. Sampson v. California (2006)
The U.S. Supreme Court found that the Fourth Amendment does not prohibit police officers from conducting a warrantless search of a person who is subject to a parole search condition, even when there is no suspicion of criminal wrongdoing and the sole reason for the search is because the person is on parole.

21. 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.
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

22. Mempa v. Rhay (1967) The U.S. Supreme Court held that in
probation revocation decisions both
notice and a fair hearing are required
and the probationer must have the
opportunity to be represented by
counsel.

23. Morrissey v. Brewer (1972)
The 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

24. Gagnon v. Scarpelli (1973)
The 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.

25. Greenholtz v. Nebraska Penal Inmates (1979)
Parole boards do not have to specify
the evidence used in deciding to deny
parole.

26. 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.

27. 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.

28. The Job of Probation and Parole Officers
Job Functions
1. Presentence investigations
2. Intake procedures
3. Needs assessment/diagnosis
4. Supervision of clients
Job Challenges
1. Balancing conflicting roles
2. Caseload
3. Frequent lack of opportunities for
upward mobility

29. Intermediate Sanctions

30. 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.

31. Types of Intermediate Sanctions
Examples include:
Split sentences
Shock incarceration
Mixed sentences and community service
Intensive supervision
Home confinement and electronic monitoring

32. 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

33. Split Sentencing
Split sentencing involves a combination of brief incarceration followed by probation.
Frequently used for minor drug offenders.

34. Shock Incarceration Shock incarceration programs use “boot
camps” to demonstrate reality of prison life.
Mainly used for first-time offenders.
Involves strict discipline and physical
training
Programs typically last from 90–180 days
“Failures” return to general prison
population
Appear “tough on crime,”
but research shows negligible impact on
recidivism rates

35. 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.

36. Intensive Supervision
Intensive probation supervision (IPS) is
the strictest form of probation.
Frequent face-to-face contacts with probation officer
Mandatory curfew
Employment required
Frequent check of local arrest records
Unannounced drug testing

37. Home Confinement and Electronic Monitoring
Home confinement—“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.
Frequently used with some pregnant women, geriatric offenders with special needs, the terminally ill, and other special offender categories.
Use of electronic monitoring is increasing.

38. Reinventing Re-entry Most inmates will be released back into
society. Barriers to successful re-entry need
to be addressed, including:
Substance abuse
Lack of education
Poverty
Diminished opportunities for employment
Physical or mental disabilities

39. Reinventing Re-entry Successful re-entry requires a multi-faceted,
collaborative approach involving people
and groups throughout the community,
including:
Corrections
Public health workers
State legislators
Housing providers
Workforce development staff

40. Reinventing Probation
The “get tough” attitude of the 1990s increased funding for prisons but neglected to do the same for probation.
So, what do we need to do?

41. Should We? Sentence violent offenders / sexual offenders to probation?
Why / Why not?

42. Should We?
Eliminate Parole?
Why / Why Not?