© 2003 Prentice Hall, Inc. 1 Chapter 11 Probation, Parole, and Community Corrections.

© 2003 Prentice Hall, Inc. 1

Chapter 11

Probation, Parole, and Community Corrections


Persons Under Correctional Supervision in the U.S. by Type of Supervision

Source: Probation and Parole in the United States (Washington, D.C.: Bureau of Justice Statistics, August 1999)


ProbationA sentence of imprisonment that is suspended. Also, the conditional freedom granted by a judicial officer to an adjudicated or adjudged adult or juvenile offender, as long as the person meets certain conditions of behavior.


ProbationHistoryHistory

England - 1300’s• English courts began the

practice of “binding over for good behavior.”

• Offenders were placed in the custody of willing citizens.


United StatesJohn Augustus (1784 - 1859)

• Boston shoemaker who observed court proceedings and volunteered to take home drunkards.

• He was considered the world’s first probation officer.

• By the time Augustus passed away, he had supervised over 2,000 offenders.




• Massachusettes - 1878• passed legislation establishing first paid

probation officer position• Missouri - 1897• Vermont - 1898• Rhode Island - 1899

By 1925, all 48 states had legislation.


• Probation is the most commonly used form of sentencing.

• 20-60% of guilty individuals placed on probation.

• In 1980, over 1,000,000 individuals were on probation.

• In 2002, over 3,800,000 individuals were on probation.

• As of 1/1/2001, 59% of those under correctional supervision were on probation.

Probation


Bureau of Justice Statistics study (2001)

The following were placed on probation:• 5% of convicted murderers • 21% of convicted rapists• 12% of convicted robbers• 30% of convicted burglars

Probation


59% of individuals on probation

complete it

successfully.

Probation


• obey laws• maintain employment• remain within jurisdiction• allow probation officer to

visit home or work place

• pay whatever court ordered fines exist

Probation Conditions


Depending on the case, a judge may add some or all of the specific conditions listed below:

Depending on the case, a judge may add some or all of the specific conditions listed below:

• surrender driver’s license• submit to warrantless searches• not use/possess or control any illegal drugs• supply breath, urine, and/or blood specimens• successfully pass G.E.D. test• not keep company with certain individuals• participate in treatment programs

Probation Conditions


Parole The status of an offender

conditionally released from a prison by discretion of a paroling authority prior to the expiration of sentence, required to observe conditions of parole, and placed under the supervision of a parole agency.


Elmira Reformatory

•1876 – began at Elmira Reformatory New York•used extensively in late 1800’s

Parole


Parole1. parole boards

• grant paroles based on review of each case

• considered “discretionary” parole

2. statutory decree• mandatory parole• automatic after offender serves

certain amount of time


Extent of Parole• Approximately 75% of those released

from prison are placed on parole.

• In 2001, 725,500 offenders were on parole at beginning of year.

• 42% of all parolees successfully complete parole.

• 26% returned to prison for violations.

• 12% returned to prison for new violations.


Parole Conditions• similar to probation conditions• must periodically report to parole

officers• must maintain employment• ordered to pay fines and restitution• sometimes pay a “parole

supervisory fee”


Advantages of Probation and Parole

• lower cost• increased employment• restitution• community support• reduced risk of criminal sanctions• increased use of community services• increased opportunity for

rehabilitation


Disadvantages of Parole

• relative lack of punishment• increased risk to community• increased social costs


The Legal Environment Griffin v. Wisconsin (1987)

Supreme Court ruled that probation officers may conduct searches of a probationer’s residence without a search warrant or probable cause.


Supreme Court held that in probation revocation decisions, both notice and a hearing were required and probationer should have opportunity to be represented by counsel.

The Legal EnvironmentMempa v.Rhay (1967)


The Legal EnvironmentMorrissey v. Brewer (1972)

U.S. Supreme Court held that parole revocation proceedings require the following:

• written notice of specific alleged violation• evidence of violation be disclosed• impartial body to be responsible for hearing• chance to offer defense• right to cross examine witnesses• written statement of outcome


U.S. Supreme Court held that probationers were entitled to two hearings.

• The preliminary hearing determines whether or not there is probable cause.

• The somewhat more comprehensive hearing takes place prior to making final revocation decision.

The Legal EnvironmentGagnon v. Scarpelli (1973)


Probation/Parole Officers

1996 • 43,198 probation/parole officers in U.S. at

state level• approximately 2,500 federal officers

included in above number• Functions:

• presentence investigations• intake procedures• needs assessment/diagnosis• supervision of clients


Problems/Difficulties with Job

• large caseloads• lack of job mobility• career advancement• two models of job that conflict• social work model – stresses service role• correctional model – stresses control

Probation/Parole Officers


Indeterminate SanctionsThe use of less, or non-traditional, sentences in lieu of imprisonment.

Types:• split sentencing• shock probation/parole• shock incarceration• mixed sentencing and community service• intensive supervision• home confinement and electronic

monitoring


Split Sentencing• A combination of brief

incarceration followed by probation.• It is frequently used

with minor drug offenders.

Indeterminate Sanctions


Shock Probation/Parole• Offender is sentenced to prison.• Offender is allowed to apply for

probationary release. • Offender usually does not know

s/he will be released and expects to serve a

long prison sentence.

Indeterminate Sanctions


• It is mainly used for first time offenders. • It makes use of “boot camp” to

demonstrate reality of prison life.• Boot camp involves strict discipline and

physical training.• Programs typically last from 90-180

days.• Approximately 32 states have such

programs.

Indeterminate SanctionsShock Incarceration


• community service – can include the washing of police cars, cleaning graffiti, refurbishing public facilities, etc.

• requires offenders to spend weekends in jail while being free during week to pursue education or employment while under supervision of probation officer

Indeterminate SanctionsMixed Sentencing and Community Service


• Georgia (1982) first to use intensive supervision

• form of probation that requires frequent face-to-face contact with probation officer

• involves 5 face-to-face contacts per week• mandatory curfew• required employment• weekly check of local arrest records• unannounced drug testing

Indeterminate SanctionsIntensive Supervision


• sometimes called “house arrest” • may leave home in medical emergency

• used with pregnant women, geriatric offenders with special needs and/or terminally ill offenders

Indeterminate SanctionsHome Confinement and

Electronic Monitoring


Future of Probation and Parole

• many problems and criticism of both probation and

parole

• issue of regaining “the public’s trust that probation and

parole can be meaningful, credible sanctions”

© 2003 Prentice Hall, Inc. 1 Chapter 11 Probation, Parole, and Community Corrections.

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