Presentation on theme: "CHAPTER 10 Probation, Parole, and Community Corrections."— Presentation transcript:
1CHAPTER10Probation, Parole, and Community Corrections
2Community Corrections Also known as community-based corrections, community corrections:Refers to a wide range of sentencesthat depend on correctionalresources available in thecommunity.Permit convicted offenders to remainin the community under conditionalsupervision as an alternative to anactive prison sentence.
3Community Corrections Examples include the following:ProbationParoleHome confinementElectronic monitoring
4Probation A sentence of imprisonment that is suspended; instead, the sentence isserved while under supervision in thecommunity.This is conditional freedom granted bya judicial officer to a convictedoffender, as long as the person meetscertain conditions of behavior.
5The Extent of Probation Probation is the most commonly used form ofsentencing.In 2004, there were over 4 million people on probation.Even violent offenders may receive probation.
6Offenders Under Correctional Supervision in the U. S Offenders Under Correctional Supervision in the U.S. by Type of SupervisionSource: Bureau of Justice Statistics, Correctional Surveys
7Probation ConditionsProbationers must abide by court-mandated conditions or risk probation revocation.There are two types of conditions: general and specific.
8Probation Conditions General Conditions Apply to all probationers within the jurisdiction.Examples:Obey lawsMaintain employmentRemain within jurisdictionAllow probation officer tovisit home or work placePay court ordered finesSpecific ConditionsJudge-mandated for the specific probationer.Examples:Surrender driver’s licensePass GED testDo community serviceCurfewComplete a treatment plan
9The Federal Probation System There are about 151,000 offenders on probation. (2004)
10Federal Probation Officers There are approximately 7,750 federalprobation officers, also called communitycorrections officers.They have the statutory authority to arrestprobationers for a violation, but areencouraged to get an arrest warrant andhave it executed by the U.S. Marshals.Some carry weapons.
11ParoleParole—a prisoner re-entry strategy in which inmates receive supervised conditional early release from correctional confinement.
12Parole vs. Probation Parole Probation Offenders spend time incarcerated beforerelease.Parole is anadministrative decisionmade by parolingauthority.Parolees must abideby conditions or riskrevocation.ProbationProbationers generallyavoid prison time. (May serve some jail time.)Probation is asentencing decisionmade by a judge.Probationers must abideby conditions or riskrevocation.
13Parole Decision-Making Mechanisms: Two Approaches Parole BoardsGrant discretionary parole based on judgment and assessment by parole board.Statutory DecreesProduce mandatory release, with release date set near sentence end, minus good time.More common
14Extent of Parole Of all parolees: 45% successfully complete parole. 26% return to prison for paroleviolations.12% return to prison for new
15Advantages and Disadvantages of Probation and Parole Low costIncreased employmentRestitutionCommunity supportReduced risk of criminalsanctionsIncreased use ofcommunity servicesBetter rehabilitationopportunitiesDisadvantagesRelative lack ofpunishmentIncreased risk tocommunityHigher social costs
17Griffin 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.”
18Pennsylvania Board of Probation and Parole v. Scott (1998) The Supreme Court declined to extend the exclusionary rule to searches done by parole officers.
19U.S. v. Knights (2001)Expanded the search authority normally reserved for probation and parole officers to police officers under certain circumstances.
20Sampson 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.
21Revocation HearingsRevocation 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 officerFailure to participate in a stipulated treatment programAlcohol or drug abuse while under supervision
22Mempa v. Rhay (1967) The U.S. Supreme Court held that in probation revocation decisions bothnotice and a fair hearing are requiredand the probationer must have theopportunity to be represented bycounsel.
23Morrissey v. Brewer (1972)The U.S. Supreme Court held that parole revocationproceedings require the following:Written notice of specific alleged violationDisclosure of evidence of violationAn impartial hearing bodyOpportunity to offer a defenseA right to cross examine witnessesA written statement of the outcome
24Gagnon v. Scarpelli (1973)The U.S. Supreme Court held that probationersare 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 theconditions specified in Morrissey.
25Greenholtz v. Nebraska Penal Inmates (1979) Parole boards do not have to specifythe evidence used in deciding to denyparole.
26Bearden v. Georgia (1983)Probation cannot be revoked forfailure to pay a fine and makerestitution if it could not be shownthat the defendant was responsiblefor the failure…alternative forms ofpunishment must be consideredbefore imposing a prison sentence.
27Minnesota v. Murphy (1984)A probationer’s incriminatingstatements to a probation officer maybe used as evidence if the probationerdoes not specifically claim a rightagainst self-incrimination.
28The Job of Probation and Parole Officers Job Functions1. Presentence investigations2. Intake procedures3. Needs assessment/diagnosis4. Supervision of clientsJob Challenges1. Balancing conflicting roles2. Caseload3. Frequent lack of opportunities forupward mobility
30Intermediate 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.
31Types of Intermediate Sanctions Examples include:Split sentencesShock incarcerationMixed sentences and community serviceIntensive supervisionHome confinement and electronic monitoring
32Advantages of Intermediate Sanctions There are three distinct advantages:Less expensive, per offender, than prisonThey are “socially cost effective”Provide flexibility in terms of resources, time, and place
33Split SentencingSplit sentencing involves a combination of brief incarceration followed by probation.Frequently used for minor drug offenders.
34Shock Incarceration Shock incarceration programs use “boot camps” to demonstrate reality of prison life.Mainly used for first-time offenders.Involves strict discipline and physicaltrainingPrograms typically last from 90–180 days“Failures” return to general prisonpopulationAppear “tough on crime,”but research shows negligible impact onrecidivism rates
35Mixed 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.
36Intensive Supervision Intensive probation supervision (IPS) isthe strictest form of probation.Frequent face-to-face contacts with probation officerMandatory curfewEmployment requiredFrequent check of local arrest recordsUnannounced drug testing
37Home 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.
38Reinventing Re-entry Most inmates will be released back into society. Barriers to successful re-entry needto be addressed, including:Substance abuseLack of educationPovertyDiminished opportunities for employmentPhysical or mental disabilities
39Reinventing Re-entry Successful re-entry requires a multi-faceted, collaborative approach involving peopleand groups throughout the community,including:CorrectionsPublic health workersState legislatorsHousing providersWorkforce development staff
40Reinventing 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?
41Should We? Sentence violent offenders / sexual offenders to probation? Why / Why not?