Greetings all! Welcome to week 8!Tonight we’re going to discuss Community

Corrections, Probation and Parole

Does anyone have any questions before we get started?

Community CorrectionsAlso 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.

Question????

What are some examples of community corrections??

Examples include the following: Probation Parole Home confinement Electronic monitoring

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.

English Roots: In the 1400s, English courts began the practice of “binding over for good behavior,” in which offenders were placed in the custody of willing citizens.

In the U.S.:

The first probation officer was John Augustus (1784-1859), a Boston shoemaker who observed court proceedings and volunteered to take home drunkards. He supervised over 2,000 offenders.

In 1878 Massachusetts enacted a statute that provided for the first paid probation officer. By 1925, all states and the federal government had similar legislation.

Question???What are some of the problems with

probation as it is used today? Is there any way to correct these problems/shortcomings?

The Extent of Probation

Probation is the most commonly used form of sentencing. 20-60% of guilty individuals are placed on probation. The number of offenders supervised yearly on probation increased almost 300% since 1980. Today, there are over 3.9 million people on probation. States vary with regard to extent of use. Even violent offenders may receive probation

Offenders Under Correctional Supervision in the US

Percentage of Convicted Felony Offenders receiving Probation

Questions??Do you feel the use of probation is “out of

control”? Why/why not?

How many times would you sentence an offender to probation before imprisoning him/her?

In 2002, of the nearly 2 million adults on probation: More than 3/5 met the conditions Approximately 13% were incarcerated 3% absconded 11% had probation revoked without

being ordered to serve time Probationers must abide by court-mandated

conditions or risk probation revocation. There are two types of conditions: general and

specific.

Probation Conditions

General Conditions

Apply to all probationers within the jurisdiction.

Examples: Obey lawsMaintain employmentRemain within jurisdictionAllow probation officer to visit home or work placePay court ordered fines

Specific Conditions

Judge-mandated for the specific probationer.

Examples: Surrender driver’s license Pass GED testDo community serviceCurfewComplete a treatment plan

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.

Strategy for prisoner reentry: The managed return to the community

of individuals released from prison.

Parole vs. Probation

Parole

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.

Probation is a sentencing decision made by a judge.

Probationers must abide by conditions or risk revocation.

Parole Decision Making Mechanisms

Parole Boards

Grant discretionary parole based on judgment and assessment by parole board.

Statutory Decrees

Produce mandatory parole, with release date set near sentence end, minus good time.

* More common

Extent of Parole There’s a growing reluctance to use parole. Most states use mandatory release. About

91% of parolees are released via mandatory release.

In 2004, 753,140 offenders were on parole. States vary considerably in their use of parole. Of all parolees:

42% successfully complete parole. 26% return to prison for violations. 12% return to prison for new violations.

Question??Why is it so difficult for parolees to

successfully complete the term of their parole?

Parole Conditions Similar to probation conditions General and special conditions Examples of conditions include stipulations that

parolees must Periodically report to parole officerMaintain employmentPay fines and restitutionSometimes pay a “parole supervisory fee”

Parole Revocation - An administrative action Removing a person from parolee status in

response to a violation of lawfully required conditions of parole.

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

Pennsylvania Board of Probation and Parole v. Scott (1998)

Supreme Court declined to extend the exclusionary rule to searches done by parole officers.

Revocation Hearing 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.

Annually, about 16.5% of parolees and 2.2% of probationers have their conditional release revoked.

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.

Morrissey v. Brewer 1975U.S. Supreme Court held that parole revocationproceedings require the following:1. Written notice of specific alleged violation2. Disclosure of evidence of violation3. An impartial hearing body4. Opportunity to offer a defense5. A right to cross examine witnesses6. A written statement of the outcome

Beardon v. Georgia 1983Probation 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.

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.

Examples include: Split sentences Shock probation/parole Shock incarceration Mixed sentences and community service Intensive supervision

Home confinement and electronic monitoring

Question???

What are some of the advantages of intermediate sanctions?

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

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

Shock Probation/Parole - Offender is sentenced to prison and 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 parole is similar, but the decision is administrative rather than judicial.

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. “Failures” return to general prison population.

Though they appear “tough on crime,” research shows recidivism rates to be negligible.

Mixed sentencing—a sentence that required that a convicted offender serve weekends in a confinement facilities while undergoing probationary supervision in the community.

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.

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

Question???

Do you consider home confinement or electronic monitoring a “real” sanction? Why/not?

Home Confinement and Electronic Monitoring

Sometimes called “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.

That’s it for tonight everyone! Thanks for a good seminar.

Next week, we will discuss Prison Lifestyles and Inmate types.

Don’t forget your final essay is due in Week 9. You might want to get a head start!

If you have any questions, I’ll be here through the top of the hour. As always, if you have questions, don’t hesitate to contact me via email or on AIM at cherylahorwath.

Have a great week! See you on the Boards!