CHAPTER 12
Probation, Parole, and Community Corrections
Offenders Under Correctional Supervision in the U.S. by Type of Supervision
Probation
Probation:
Probation
History: England during 1300’s
Probation
History: United States
Probation
History: United States
Probation
Probation
Percentage of Convicted Felony Offenders Receiving Probation
Probation
Probation Conditions
obey laws
maintain employment
remain within jurisdiction
allow probation officer to visit
pay court ordered fines
home or work place
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
Parole
Parole:
Parole
Parole
1.parole boards
grant paroles based on review of each
considered “discretionary” parole
case
2.statutory decree
mandatory parole
automatic after offender serves certain
amount of time
Extent of Parole
Parole Boards in the U.S.
Parole Conditions
similar to probation conditions
must periodically report to parole
must maintain employment
must pay fines and restitution
must sometimes pay a “parole
Federal Probation
1925 National Probation Act
Federal Parole
Advantages of Probation and Parole
low cost
increased employment
restitution
community support
reduced risk of criminal sanctions
increased use of community services
better rehabilitation opportunities
Disadvantages of Parole
relative lack of punishment
officer
supervisory fee”
increased risk to community
higher social costs
The Legal Environment
Griffin v. Wisconsin (1987)
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)
The Legal Environment
Though the 4th Amendment normally provides for privacy, probation “presents
special needs beyond normal law enforcement that may justify departures.”
Mempa v. Rhay (1967)
The Legal Environment
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His probation was revoked and he was sent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)
The Legal Environment
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.
Morrissey v. Brewer (1972)
The Legal Environment
U.S. Supreme Court held that parole revocation
proceedings 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
Gagnon v. Scarpelli (1973)
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 Environment
U.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.
Gagnon v. Scarpelli (1973)
The Legal Environment
Gagnon, 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
1996
Probation/Parole Officers
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)
Intermediate Sanctions
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:
Shock Probation/Parole:
Shock Incarceration:
Intermediate Sanctions
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
Intermediate Sanctions
Intensive Supervision
Georgia (1982) was first to use intensive supervision.
form of probation that requires frequent face-toface contact with probation officer
mandatory curfew
employment required
frequent check of local arrest records
unannounced drug testing
Intermediate Sanctions
Home Confinement and Electronic
Monitoring
sometimes called “house arrest”
may leave home in emergency
used with some pregnant women,
geriatric offenders with special
the terminally ill, and other special offender categories
Future of Probation
and Parole
needs,
many problems with and criticisms
of both probation and parole
major issue: regaining the public’s
trust that probation and parole can
sanctions
provide meaningful and credible