Chapter #12

1. Chapter #12 Probation Parole Community Corrections

2. Community Corrections • Utilize correctional resources in community • Conditional supervision • Alternative to prison

3. Probation – community correction • Sentence that is suspended • Supervised in community • Subject to specific conditions

4. Probation • History • 1400 – England – place people in custody of citizens • 1800- U.S. – first probation officer – John Augustus – Boston • 1878 – Massachusetts – first paid probation officers

5. Probation - statistics Lehigh & Northampton Counties

6. Offenders Under Correctional Supervision in the U.S. by Type of Supervision

7. Percentage of Convicted Felony Offenders Receiving Probation

8. National stats 2006 4,237,000 1.8% increase 49% felony 49% misdemeanor 24% female 55% white State stats Smallest population is Largest population is Lowest rate per population Highest rate per population Pertinent probation statistics

9. General Obey laws Maintain job Remain in jurisdiction Pay court fees Home, school & job visitation Others???????? Specific – judge mandated Surrender license Pass GED or graduate Community service Curfew Treatment Others ???????? Probation Conditions

10. Probation revocation Loose probation for violations Usually need two to be violated

11. Federal Parole • National Probation Act – 1925 • 1. federal courts • 2. one officer per judge • 3. never really enforced • U.S. Marshals – handle federal court issues

12. Parole • Conditionally released from prison • By a paroling authority • Prior to expiration of sentence • Required to follow rules • Required to be supervised A managed system for re-entry to society

13. Federal: 2006 798,200 94% - minimum one year sentence 40% drugs 12% female 41% white PA: 2006 21,027 paroled 58% 9588 hearings 19,624 interviews Case load 75% PA 15% other states 10% special county cases Parole statistics

14. 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 vs. Probation

15. 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 Parole Decision-Making Mechanisms: Two Approaches

16. States That Have Eliminated Parole Boards

17. Re-entry parole – part of mandatory parole (halfway house) Sentencing enhancements – reduces time on parole Parolees 42% complete parole 26% return to prison – violations 12% - return to prison – new violations Extent of parole

18. Parole conditions See probation conditions

19. Parole revocation Administrative action Removes person from parole Violation of conditions

20. Federal parole Being phased out by Congress

21. Advantages Low cost Increased employment Restitution Community support Reduced risk of criminal sanctions Increased use of community services Better rehabilitation opportunities Disadvantages Relative lack of punishment Increased risk to community Higher social costs Advantages and Disadvantages of Probation and Parole

22. Griffin v Wisconsin 1987 Probation officers No search warrant necessary for probationer’s residence

23. PA Board of Probation & Parole v Scott - 1998 Exclusionary rule does not extend to search by probation / parole

24. U.S. v Knights - 2001 Probation / parole search Basis for police probable cause

25. 1. held before a legal board 2. determine whether parolee / probationer violated conditions 26% adults – parole – revoked 25% adults – probation - revoked Most common reasons 1. failure to report 2. failure to participate in mandated programs 3. D/A issues Hearing – Sixth Amendment Right Revocation hearings

26. Revocation hearings must have: 1. written notice of violation 2. disclosure of evidence 3. impartial hearing body 4. opportunity for defense 5. right to cross-examine 6. written statement of outcome a) decision b) testimony considered c) reason for revocation Morrissey v Brewer - 1972

27. Gagnon v Scarpelli - 1973 • Probation violators have two hearings • 1. probable cause hearing • 2. Morrissey hearing

28. Bearden v Georgia 1983 Probationer can’t be jailed for failure to pay fine / restitution Unless he / she blatantly refused

29. Minnesota v Murphy - 1984 Probationers incriminating statements may be used against him / her 2. Unless they specifically claim 5th Amendment privilege

30. Intermediate sanctions Less expensive Socially cost effective Flexible with resources / time / place

31. Intermediate sanctions • Split sentencing – brief incarceration followed by probation • Shock probation / parole – sentenced to prison / apply for release / expects long sentence / released early • Shock Incarceration – boot camps • Mixed sentencing – evenings / weekends in jail / work during week

32. Intermediate sanctions • Community service – work for a community agency • Intensive supervision – more face-to-face contact • 1. mandatory curfew • 2. employment required • 3. frequent monitoring • 4. unannounced drug testing

33. Intermediate sanctions • Home confinement • Electronic monitoring

34. 1. mandatory supervision for all on parole / probation 2. increase parole eligibility 3. increase intermediate sanctions 4. standardize offender assessment processes 5. start re-entry process for parole while in prison 6. more interaction b/w police / courts / parole 7. increase job training 8. increase d/a treatment 9. tax incentives to employers who hire Reinvention of parole / probation

35. Issues blocking successful re-entry • 75% d/a issues • 66% less than high school education • 50% earn less than $600 per month prior to incarceration • Poor job prospects • 33% mental / physical disabilities