CHAPTER

CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger

©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458

Probation, Parole, and Community Corrections

CHAPTER

10



Offenders Under Correctional Supervision

in the U.S. by Type of Supervision



Probation



Probation:

… a sentence of imprisonment that is suspended. Also, the conditional freedom granted by a judicial officer to a convicted offender, as long as the person meets certain conditions of behavior.



Probation

• English courts began the practice of “binding over for good

behavior.”

• Offenders were placed in the custody of willing citizens.

History: England during 1300s



Probation

John 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.

History: United States



Probation

• Massachusetts - 1878passed legislation establishing first

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

By 1925, all 48 states had similar legislation.

History: United States



Probation

• Probation is the most commonly used form of sentencing.

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

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

• In 2002, over 3,900,000 people were on probation.

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



Probation

Bureau of Justice Statistics (2001)

The following were placed on probation:

• 5% of convicted murderers • 21% of convicted sex offenders• 12% of convicted robbers• 30% of those convicted of aggravated assault



Percentage of Convicted Felony Offenders

Receiving Probation

Source: Felony Sentences in the United States (Washington, D.C.: Bureau of Justice Statistics, 1999)



Probation

60% of persons on probation complete it successfully.



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

home or work place• pay court ordered fines

Probation Conditions



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

• 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 socialize with certain people• participate in treatment programs

Probation Conditions



Parole



Parole:

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



Parole

• 1876 first used at Elmira Reformatory, New York• used extensively in late 1800s



1. 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

Parole



Extent of Parole• Approximately 75% of those released from prison are placed on parole.• In 2002, 732,350 offenders were on parole

at start of year.• 42% of all parolees successfully complete

parole.• 26% returned to prison for violations.• 12% returned to prison for new violations.



Parole Boards in the U.S.



• similar to probation conditions• must periodically report to parole

officer• must maintain employment• must pay fines and restitution• must sometimes pay a “parole

supervisory fee”

Parole Conditions



Federal Probation

• authorized probation in federal courts

• allowed for one probation officer per federal judge

1925 National Probation Act



Federal Parole

• Federal parole decisions are made by the U.S. Parole Commission.

• Commissioners consider an inmate’s readiness for parole.• The U.S. Parole Commission must

be periodically recertified by Congress.



• low cost• increased employment• restitution• community support• reduced risk of criminal sanctions• increased use of community services• better rehabilitation opportunities

Advantages of Probation and Parole



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

Disadvantages of Parole



The Legal Environment




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

Griffin v. Wisconsin (1987)




Though the 4th Amendment normally provides for privacy, probation “presents special needs beyond normal law enforcement that may justify departures.”

Griffin v. Wisconsin (1987)




• At 17, Mempa had been placed on probation for riding in a stolen car.

• His probation was revoked and he was sent to prison.

• Months later he was accused of burglary and he admitted committing the offense.

Mempa v. Rhay (1967)




U.S. Supreme Court held that in probation revocation decisions both notice and a fair hearing are required and probationer must have the opportunity to be represented by counsel.

Mempa v. Rhay (1967)



The Legal EnvironmentU.S. Supreme Court held that parole revocationproceedings 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

Morrissey v. Brewer (1972)



The Legal Environment• Gagnon pled guilty to armed robbery and

received 7 years on probation.

• Soon after beginning probation he was arrested for burglary.

• He confessed to burglary and his probation was revoked without a hearing.

Gagnon v. Scarpelli (1973)



The Legal EnvironmentU.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.




The Legal EnvironmentGagnon, who was indigent, had requested an

appointed attorney. The Supreme Court held that an indigent offender on probation has a right to an attorney if he:

• Claims that he did not commit the alleged violation, or

• Has substantial mitigating evidence to explain the violation.




Probation/Parole Officers

• 43,198 probation/parole officers in U.S. at state level• approximately 2,500 federal officers

included in above number• Functions

1. presentence investigations2. intake procedures3. needs assessment/diagnosis4. supervision of clients

1996



Problems/Difficulties with Job:

• large caseloads• lack of job mobility• few career advancement opportunities• conflicting models of the job:

—social work model (stresses service role)—correctional model (stresses control)

Probation/Parole Officers



Intermediate Sanctions



The use of non-traditional sentences in lieu of imprisonment and fines, including:• split sentences• shock probation/parole• shock incarceration• mixed sentences and community service• intensive supervision• home confinement and electronic monitoring




Split Sentencing:

… a combination of brief incarceration followed by probation.

Frequently used for minor drug offenders.



Shock Probation/Parole:

• Offender is sentenced to prison.

• Offender is allowed to apply for probationary release.

• Offender usually does not know if he will be released and expects to serve a long prison term.



Shock Incarceration:

• Makes use of “boot camps” to demonstrate reality of prison life.

• Mainly used for first time offenders. • Boot camps involves strict discipline and

physical training.

• Programs typically last from 90-180 days.

• Approximately 32 states have such programs.



Mixed Sentencing and Community Service

• 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 the week to pursue education or employment while under

probation supervision




Intensive Supervision• Georgia (1982) was first to use intensive

supervision• form of probation that requires frequent face-

to-face contact with probation officer• mandatory curfew• employment required • frequent check of local arrest records• unannounced drug testing




Home Confinement and ElectronicMonitoring• Sometimes called “house arrest”• May leave home in emergency• Used with some pregnant women,

geriatric offenders with special needs, the terminally ill, and

other special offender categories




• Many problems with and criticisms of both probation and parole

• Major Issue: regaining the public’s trust that probation and parole

can provide meaningful and credible sanctions

Future of Probationand Parole

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