Chapter 11: Probation, Parole, Community Corrections

 

Introduction/Definitions

 

Probation, parole, and community corrections allow offenders to maintain (or re-establish) ties with family and community, both socially and economically. Problems arise when probationers and parolees reduce the safety of society.

 

Probation: A sentence that leaves a convicted offender in the community in lieu of incarceration- usually with under court specified conditions and/or under the supervision of a probation officer or other person.

 

Parole: The status of an offender released from prison into the community prior to the completion of the sentence- usually under the supervision of a parole officer

 

Parole Board: A panel at the state or federal level that decides whether an inmate is released from an institution before the expiration of the sentence

 

Community corrections: Correctional system based or located in the community allowing the offender to work and otherwise interact with family and the community- based on the philosophy of reintegration

 

Reintegration: A punishment philosophy emphasizing the return of the offender to the community, so that employment, family ties, and education may be restored

 

Furlough: An authorized temporary leave from a correctional facility- usually allowed in order to attend a funeral, visit family, secure employment, etc.

 

Work release: Release granted an inmate to attend school or work outside the facility

 

House arrest: House arrest is confinement in which the offender is permitted to live at home, but whose movement to and from the home is restricted. This is usually a form or condition of probation.

 

Probation

 

History of probation:

·        Roots can be traced back to early English common law where judges granted clemency and stays of execution

·        In U.S., first public probation officer authorized by city of Boston in 1878

·        Since expanded to state and federal level

 

Concept of probation:

·        Based on premise that the average offender is not a danger to society.

·        Is an alternative to prison and gives the offender a second chance.

·        Generally involves the suspension of a sentence and community supervision for a promise of good behavior.

·        Is a contract between the court and the offender

·        If rules are not obeyed, probation may be revoked.

·        The sentence is for a fixed period of time.

 

The extent of probation services:

·        2000 adult probation agencies. ·        Most are state level agencies. ·        30 states combine probation and parole services. ·        More than 3 million adults are on probation.

·        21% are women. ·        64% white, 34% black, 14% Hispanic. ·        29% of persons convicted of felonies receive probation. ·        Of those felons receiving probation, 3% are for homicide, 12% for rape, 12% for robbery.

 

Conditions of probation:

·        Conditions may be set by statutory guidelines.

·        Judges may set additional conditions to fit the offense.

·        Conditions must meet treatment and rehabilitation standards as well supervision and safety standards.

 

Duties of probation officers:

·        Investigate offenders for pre-sentence reports.

·        Pre-sentence reports are reports of investigations by probation/parole officers that submitted to trial judges after the conviction of a defendant. The report contains specific information about the defendant’s background, education, employment history, family, criminal record. Presentence reports are required in many jurisdictions in felony cases.

·        Diagnosis.

·        Treatment.

·        Supervision.

·        Risk classification.

 

 

Probation success:

·        Probation is humane, maintains community and family ties, cost effective vs. being exposed to a crime college.

·        Federal survey reports 81% success rate vs. 62%+ re-arrest rate reported by Rand Corporation and 17 state survey.

·        Success related to factors such as age (young), gender (male), employment (unemployed), income level (low), prior criminal record, instability.

·        Murderers and rapists least likely to commit new crimes but most likely to commit new murders and rapes.

·        There are 162,000 probationers that have violated their probation and have been returned to prison.

·        74% committed new crimes.

·        26% committed other conditions of their probation.

·        The 162,000 probationers committed 6400 murders, 7400 rapes, 10,400 assaults, and 17,000 robberies.

 

Parole

 

Parole process:

• Parole board reviews the case.
• Parole board is generally independent of the state department of corrections.
• Generally, decisions are made during parole hearings. Things considered may include-
  • police reports of the crime
  • pre-sentence investigation
  • psychological testing
  • prison reports
  • letters from friends and family of the inmate
  • input from victims
• Parole supervision.
• Parole may be revoked if new crimes are committed or if there are technical violations of the conditions of the parole.

 

Rights of Persons on Probation/Parole

 

·        Generally less than the average citizen.

·        Entitled to hearings prior to the revocation of probation.

·        Entitled to counsel at the hearing.

·        Cannot be forced to serve more prison time with revocation than original sentence.

·        Probationers home may be searched without a warrant.

·        Miranda does not apply to probation officers questioning probationers since not considered in custody.

 

Megan’s Laws

 

Megan’s Laws: Laws enacted in many states requiring sex offenders to “register” in order that they may be tracked and that citizens may have information available regarding sex offenders in their communities.