1. The Correction of Offenders generally divided into 2 broad categories:
1. Institutional Corrections
Things done to offenders when they are insolated from the community in prisons and jails
2. Community Corrections
Things done to offenders while they remain in the community
2 subcategories:
Correctional release: parole & probation
Intermediate Corrections: between release and incarceration

2. Community Corrections
Outgrowth of emphasis in 19th century on reformation of offenders  Whatever is done to offenders should make them better persons
Probation in the U.S. was invented in 1841 by John Augustus in Boston
In the 20th century full-fledged professional “community corrections” was adopted mixing:
Philosophical considerations (Rehabilitation)
Pragmatic considerations (managing costs)
Initially limited to juveniles & young offenders
Later expanded to all adults

3. Probation – What is it? What does it involve?
The judicial suspension of a prison/jail sentence on condition that the offender “behave” and be monitored during the term of the sentence.
Specific features or elements:
Risk assessment (& restriction to “good risks”)
Offender remains in community (decarceration)
Formal outcome of judicial discretion
Required to abide by certain conditions & rules
Required to submit to supervision & monitoring
May be revoked if conditions violated

4. Probation – What is it? (cont.)
How is probation different from:
Parole
Suspended sentence
Diversion
Pre-conviction diversion
Post-conviction diversion

5. Probation – Why is it used?
Decarceration  removal of convicted persons from institutions
Conserves resources -- Saves institutional space; helps to relieve overcrowding & cut costs
Minimizes institutionalization – Reduce effects of incarceration on inmates (through “prisonization”)
Reintegration  maintain offender’s community connections
Maintain offenders ties/investments in community
Provide treatment, counseling, supervision
Provide incentive for reformation & change

6. Probation – How much is it used?
Most common sentence for misdemeanor offenses (60-80% of all convictions)
Most are non-dangerous property or public order offenses
Also used for felonies, including violent offenses (where risks to community seem small & legally permitted)
Homicides – 5% on probation
Sexual assaults – 18% on probation
Robberies – 14% on probation
Aggravated assaults – 29% on probation

7. Adults on Probation by Felony Conviction Type
Figure 11.3: Adults on Probation by Felony Conviction Type.
As you see here, the majority of adults on probation were convicted of property crimes or drug offenses.
Fig. 11-3, p. 293

8. U.S. Sentencing Trends Over Past 25 Years
Figure 11.1: Probation in American Corrections.
As you can see, the number of Americans on probation has more than tripled over the past twenty-five years (matching the growth rate of prison and jail populations).
Fig. 11-1, p. 291

9. Probation – How much is it used?
Roughly twice as many persons are on probation/parole as are in prison/jail)
In 2011, 1 in 34 adults in the U.S. was under some form of correctional supervision (7 million persons)
1 in 50 adults was under community supervision
1 in 107 adults were incarcerated
Those numbers peaked in 2008 & declined very slightly since then

10. Probation – How it is administered
Probation is assigned at sentencing by the judge: (probation is determined by the court)
As conditional suspension of prison sentence
As direct sentence of probation (about half)
As part of split sentence (jail + probation)
What offenses are eligible?
Legal restrictions on probation eligibility
Sentencing guidelines to limit application
What offenders are eligible?
Decision based on: PSI & on Risk Assessment
Dependent on: (a) dangerousness; (b) risk of repeat violations; (c) rehabilitation needs (d) system resources

11. Probation – Its Administration
What conditions may be stipulated:
Standardized set of restrictions (vary by state)
Specialized by offense type (e.g., sex offenders)
Individualized by offender & situation
Monitoring of persons on probation?
Probationers have less civil rights & protections than overage citizens – less expectation of privacy
POs can search probationers residence without search warrant on “reasonable suspicion”
PO/client relationship is not confidential
Incompatibility inherent in PO’s goals & functions

12. Administering Probation (cont.)
What happens when conditions of probation are violated?
Technical violation vs. criminal violation
Suspension of Prison vs. Direct Probation
Revocation of probation procedures
Revocation hearing = court proceeding with some (but not all) due process rights
Right to counsel in any hearings where revocation is possible outcome
Preliminary “probable cause” inquiry
New sentence cannot be longer than original(?)

13. Probation – Forms and Formats
Straight Probation (56%)
Sentenced only to & directly to probation
Suspended-sentence Probation (24%)
prison sentence suspended while on probation
Split sentence (8%)
Sentence to short jail term followed by probation
Shock probation
Two sentences decided separately (first jail, then probation)
Residential probation
Probation in structured but open environment

14. Probation – Current Hot issues
Probation fees
Payment to offset costs of administering probation
Fairness to indigent offenders?
Caseload Sizes (25 to 200 probationers)
Smaller caseloads allow closer supervision
Smaller caseloads are much more expensive
Not clear that smaller caseloads work better
Privatization of Probation Supervision
Offload problems of probation administration from court to private contractor
Issue of added fees & legal responsibility

15. Probation – Does it work?
National data show a 60% completion rate for offenders on probation
60% Completed term without technical violations or additional crimes (40% failure rate)
Data on Federal probations show a 70% completion rate
However, national studies of recidivism rates generally show about two-thirds are rearrested within 3 years (very similar to outcomes of incarceration)

16. What about Intermediate Sanctions?
Intensive Probation
Probation with more restrictive conditions, smaller caseloads, and much closer supervision
2 issues: Net Widening; Ineffectiveness/cost
Probation with special conditions
Day Reporting Centers
Home confinement/electronic monitoring
Temporary Release – e.g., furloughs
Periodic release/confinement
Halfway Houses & Community facilities

17. Temporary/Periodic Release:
Effectively the reverse of day reporting
Main Types of temporary release
Work Furloughs
Study furloughs
Emergency furloughs
Popular perceptions about criminals on furlough  evidence suggests the opposite
Most common problem on furlough = substance abuse (alcohol or drugs)
Absconding rate is low

18. Community Residential Confinement
Halfway Houses and residential treatment facilities
Semi-secure residences (with monitoring without armed guards or high security fences)
Located in communities
Presence in facility is intermittent (required only at certain times)
May be either:
“Halfway out” houses (most common)
“Halfway in” houses

19. Intermediate Sanctions:
Why are these used?
Cost  less expensive than prisons or jails
Justice/Fairness  more reasonable in some cases (some punishment but not more than necessary)
Utility  more effective in preventing crime or maintaining productive habits(?)
Administrative  make more effective use of limited prison space & relieve overcrowding
These claims are debated and unconfirmed