The Correction of Offenders generally
divided into 2 broad categories:
1. Institutional Corrections
•
Things done to offenders when they are insolated
from the community in prisons and jails
2. Community Corrections
•
Things done to offenders while they remain in the
community
• 2 subcategories:
a) Correctional release: parole & probation
b) Intermediate Corrections: between release and
incarceration
Community Corrections
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Outgrowth of emphasis in 19th century on
reformation of offenders  Whatever is done
to offenders should make them better persons
Probation in the U.S. was invented in 1841 by
John Augustus in Boston
In the 20th century full-fledged professional
“community corrections” was adopted mixing:
– Philosophical considerations (Rehabilitation)
– Pragmatic considerations (managing costs)
 Initially limited to juveniles & young offenders
 Later expanded to all adults
Probation – What is it?

What does it involve?
 The judicial suspension of a prison/jail sentence
on condition that the offender “behave” and be
monitored during the term of the sentence.

Specific features or elements:
–
–
–
–
–
–
Risk assessment (& restriction to “good risks”)
Offender remains in community (decarceration)
Formal outcome of judicial discretion
Required to abide by certain conditions & rules
Required to submit to supervision & monitoring
May be revoked if conditions violated
Probation – What is it? (cont.)
 How is probation different from:
 Parole
 Suspended sentence
 Diversion
─ Pre-conviction diversion
─ Post-conviction diversion
Probation – Why is it used?
•
Decarceration  removal of convicted
persons from institutions
– Conserves resources -- Saves institutional space;
helps to relieve overcrowding & cut costs
– Minimizes institutionalization – Reduce effects of
incarceration on inmates (through “prisonization”)
•
Reintegration  maintain offender’s
community connections
– Maintain offenders ties/investments in community
– Provide treatment, counseling, supervision
– Provide incentive for reformation & change
Probation – How much is it used?
•
Most common sentence for misdemeanor
offenses (60-80% of all convictions)
– Most are non-dangerous property or public order
offenses
•
Also used for felonies, including violent
offenses (where risks to community seem
small & legally permitted)
–
–
–
–
Homicides – 5% on probation
Sexual assaults – 18% on probation
Robberies – 14% on probation
Aggravated assaults – 29% on probation
Adults on Probation by Felony Conviction Type
Fig. 11-3, p. 293
U.S. Sentencing Trends Over Past 25 Years
Fig. 11-1, p. 291
Probation – How much is it used?
•
•
Roughly twice as many persons are on
probation/parole as are in prison/jail)
In 2011, 1 in 34 adults in the U.S. was under
some form of correctional supervision (7 million
persons)
– 1 in 50 adults was under community supervision
– 1 in 107 adults were incarcerated
– Those numbers peaked in 2008 & declined
very slightly since then
Probation – How it is administered
•
Probation is assigned at sentencing by the
judge: (probation is determined by the court)
– As conditional suspension of prison sentence
– As direct sentence of probation (about half)
– As part of split sentence (jail + probation)
•
What offenses are eligible?
– Legal restrictions on probation eligibility
– Sentencing guidelines to limit application
•
What offenders are eligible?
– Decision based on: PSI & on Risk Assessment
– Dependent on: (a) dangerousness; (b) risk of
repeat violations; (c) rehabilitation needs (d)
system resources
Probation – Its Administration
•
What conditions may be stipulated:
– Standardized set of restrictions (vary by state)
– Specialized by offense type (e.g., sex offenders)
– Individualized by offender & situation
•
Monitoring of persons on probation?
– Probationers have less civil rights & protections
than overage citizens – less expectation of privacy
– POs can search probationers residence without
search warrant on “reasonable suspicion”
– PO/client relationship is not confidential
– Incompatibility inherent in PO’s goals & functions
Administering Probation (cont.)
•
What happens when conditions of probation
are violated?
– Technical violation vs. criminal violation
– Suspension of Prison vs. Direct Probation
•
Revocation of probation procedures
– Revocation hearing = court proceeding with some
(but not all) due process rights
– Right to counsel in any hearings where revocation
is possible outcome
– Preliminary “probable cause” inquiry
– New sentence cannot be longer than original(?)
Probation – Forms and Formats
a) Straight Probation (56%)
– Sentenced only to & directly to probation
b) Suspended-sentence Probation (24%)
– prison sentence suspended while on probation
c) Split sentence (8%)
– Sentence to short jail term followed by probation
d) Shock probation
– Two sentences decided separately (first jail, then
probation)
e) Residential probation
– Probation in structured but open environment
Probation – Current Hot issues
a) Probation fees
– Payment to offset costs of administering probation
– Fairness to indigent offenders?
b) Caseload Sizes (25 to 200 probationers)
– Smaller caseloads allow closer supervision
– Smaller caseloads are much more expensive
– Not clear that smaller caseloads work better
c) Privatization of Probation Supervision
– Offload problems of probation administration from
court to private contractor
– Issue of added fees & legal responsibility
Probation – Does it work?
•
National data show a 60% completion rate for
offenders on probation
– 60% Completed term without technical violations
or additional crimes (40% failure rate)
– Data on Federal probations show a 70%
completion rate
•
However, national studies of recidivism rates
generally show about two-thirds are
rearrested within 3 years (very similar to
outcomes of incarceration)
What about Intermediate Sanctions?
1) Intensive Probation
– Probation with more restrictive conditions, smaller
caseloads, and much closer supervision
– 2 issues: Net Widening; Ineffectiveness/cost
2)
3)
4)
5)
6)
7)
Probation with special conditions
Day Reporting Centers
Home confinement/electronic monitoring
Temporary Release – e.g., furloughs
Periodic release/confinement
Halfway Houses & Community facilities
Temporary/Periodic Release:
– Effectively the reverse of day reporting
– Main Types of temporary release
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Work Furloughs
Study furloughs
Emergency furloughs
– Popular perceptions about criminals on
furlough  evidence suggests the opposite
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Most common problem on furlough = substance
abuse (alcohol or drugs)
Absconding rate is low
Community Residential Confinement
– Halfway Houses and residential treatment
facilities
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Semi-secure residences (with monitoring without
armed guards or high security fences)
Located in communities
Presence in facility is intermittent (required only
at certain times)
– May be either:
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“Halfway out” houses (most common)
“Halfway in” houses
Intermediate Sanctions:
 Why are these used?
a) Cost  less expensive than prisons or jails
b) Justice/Fairness  more reasonable in
some cases (some punishment but not more
than necessary)
c) Utility  more effective in preventing crime
or maintaining productive habits(?)
d) Administrative  make more effective use of
limited prison space & relieve overcrowding
 These claims are debated and unconfirmed