Chapter 11
Probation, Parole, and
Community
Corrections
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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)
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Probation
A 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.
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Probation
History
England - 1300’s
• English courts began the
practice of “binding over for
good behavior.”
• Offenders were placed in the
custody of willing citizens.
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Probation
History
United States
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.
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Probation
History
• Massachusettes - 1878
• passed legislation establishing first paid
probation officer position
• Missouri - 1897
• Vermont - 1898
• Rhode Island - 1899
By 1925, all 48 states had legislation.
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Probation
• 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.
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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
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Percentage of Convicted Felony Offenders
Receiving Probation by Type of Crime
Source: Felony Sentences in the United States (Washington, D.C.: Bureau of Justice Statistics, 2000)
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Probation
59% of individuals
on probation
complete it
successfully.
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Probation Conditions
•
•
•
•
obey laws
maintain employment
remain within jurisdiction
allow probation officer to
visit home or work
place
• pay whatever court
ordered fines exist
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Probation Conditions
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
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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.
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Parole
Elmira Reformatory
• 1876 – began at Elmira Reformatory
New York
• used extensively in late 1800’s
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Parole
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
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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.
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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”
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Federal Probation
1925 – National Probation Act
• authorized use of probation in
federal courts
• allowed for one probation
officer per federal
judge
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Federal Conditions
• Parole decisions made by the U.S.
Parole Commission.
• Examiners inquire as to an inmate’s
readiness to begin a period of
parole.
• The Commission must be certified
by Congress to maintain its
existence.
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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
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Disadvantages of Parole
• relative lack of punishment
• increased risk to community
• increased social costs
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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.
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The Legal Environment
Griffin v. Wisconsin (1987)
Though the 4th Amendment
normally provides for privacy, a
probation system “presents
special needs beyond normal
law enforcement that may justify
departures.”
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The Legal Environment
Mempa v. Rhay (1967)
• 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 at the hearing,
Mempa admitted to burglary.
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The Legal Environment
Mempa v.Rhay (1967)
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.
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The Legal Environment
Morrissey 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
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The Legal Environment
Gagnon v. Scarpelli (1973)
• Gagnon pled guilty to armed robbery
and received 7 years of probation.
• One day after beginning probation, he
was arrested for burglary.
• Gagnon confessed to
burglary and his
probation was
revoked without a
hearing.
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The Legal Environment
Gagnon v. Scarpelli (1973)
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.
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The Legal Environment
Gagnon v. Scarpelli (1973)
Gagnon, who was indigent, had requested
an attorney be appointed. The Supreme
Court held that an indigent offender on
probation has a right to an attorney if both
of the following occurred:
• They claim they did not
commit the crime.
• They had substantial
mitigating evidence to explain their
violation.
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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
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Probation/Parole Officers
Problems/Difficulties with Job
•
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•
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large caseloads
lack of job mobility
career advancement
two models of job that conflict
social work model – stresses service role
correctional model – stresses control
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Indeterminate Sanctions
The 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
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Indeterminate Sanctions
Split Sentencing
• A combination of brief
incarceration followed by
probation.
• It is frequently used
with minor drug
offenders.
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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.
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Indeterminate Sanctions
Shock Incarceration
• 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.
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Indeterminate 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 week to pursue
education or employment while
under supervision of probation officer
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Indeterminate Sanctions
Intensive Supervision
• 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
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Indeterminate Sanctions
Home Confinement and
Electronic Monitoring
• sometimes called “house arrest”
• may leave home in medical emergency
• used with pregnant women,
geriatric offenders with
special needs and/or
terminally ill offenders
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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”
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