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Administration Of Justice
Chapter 10
CHAPTER 10
<DIR>
Probation, Parole, and Community Corrections </DIR>
Offenders Under Correctional Supervision in the U.S. by Type of Supervision
<DIR>
Probation </DIR>
Probation:
Probation
<DIR>
History: England during 1300s </DIR>
Probation
<DIR>
History: United States </DIR>
Probation
<DIR>
History: United States </DIR>
Probation
Probation
Percentage of Convicted Felony Offenders Receiving Probation
Probation
Probation Conditions
<DIR>
obey laws
maintain employment
remain within jurisdiction
allow probation officer to visit home or work place
pay court ordered fines </DIR>
Probation Conditions
<DIR>
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 </DIR>
Parole:
Parole
Parole
<DIR>
parole boards
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grant paroles based on review of each case
considered "discretionary" parole </DIR>
statutory decree
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mandatory parole
automatic after offender serves certain amount of time </DIR></DIR>
Extent of Parole
Parole Boards in the U.S.
Parole Conditions
<DIR>
similar to probation conditions
must periodically report to parole officer
must maintain employment
must pay fines and restitution
must sometimes pay a "parole supervisory fee" </DIR>
Federal Probation
<DIR>
1925 National Probation Act </DIR>
Federal Parole
Advantages of Probation and Parole
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low cost
increased employment
restitution
community support
reduced risk of criminal sanctions
increased use of community services
better rehabilitation opportunities </DIR>
Disadvantages of Parole
<DIR>
relative lack of punishment
increased risk to community
higher social costs
The Legal Environment </DIR>
Griffin v. Wisconsin (1987)
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The Legal Environment
Supreme Court ruled that probation officers may conduct searches of a probationer’s residence without a search warrant or probable cause. </DIR>
Griffin v. Wisconsin (1987)
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The Legal Environment
Though the 4th Amendment normally provides for privacy, probation "presents special needs beyond normal law enforcement that may justify departures." </DIR>
Mempa v. Rhay (1967)
<DIR>
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. </DIR>
Morrissey v. Brewer (1972)
<DIR>
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 </DIR>
Probation/Parole Officers
<DIR>
1996</DIR>
Probation/Parole Officers
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Problems/Difficulties with Job:
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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)
</DIR>
Intermediate Sanctions </DIR>
Intermediate Sanctions
<DIR>
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 </DIR>
Split Sentencing:
Shock Probation/Parole:
Shock Incarceration:
Intermediate Sanctions
<DIR>
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 </DIR>
Intermediate Sanctions
<DIR>
Intensive Supervision
Georgia (1982) was first to use intensive supervision
form of probation that requires frequent face- to-face contact with probation officer
mandatory curfew
employment required
frequent check of local arrest records
unannounced drug testing </DIR>
Intermediate Sanctions
<DIR>
Home Confinement and Electronic
Monitoring
Sometimes called "house arrest"
May leave home in emergency
Used with some pregnant women, geriatric offenders with special needs, the terminally ill, and other special offender categories </DIR>
Future of Probation
and Parole
<DIR>
Many problems with and criticisms of both probation and parole
Major Issue: regaining the public’s trust that probation and parole can provide meaningful and credible sanctions </DIR>.
Sacramento City College
3835 Freeport Blvd * Sacramento * CA * 95822
This page was last updated: Monday, October 17, 2005 at 9:11:19 AM
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