criminal justices

Schmalleger_CJ_Brief_lecture_ch10_accessiblePPT-Tagged1.pdf

Home >Law homework help >Criminal homework help >criminal justices

Criminal Justice: A Brief Introduction Thirteenth Edition

Chapter 10 Probation, Parole, and Reentry

Introduction • Community corrections

– The use of a variety of officially ordered program-based sanctions that permit convicted offenders to remain in the community under conditional supervision

– Includes probation, parole, home confinement, remote location monitoring of offenders, etc.

• At the start of 2017, about 1 in 55 adults in the United States were under community supervision

What Is Probation? • Probation

– A sentence of imprisonment that is suspended and served while under supervision in the community

– A court-ordered sanction

• History of probation – John Augustus, first probation officer (Boston,

1850s) – Led to probation as accepted and widely used

form of community supervision – Federal government and all states adopted by

1925

The Extent of Probation (1 of 2)

• Probation is the most common form of criminal sentencing in the United States

– About 55% of all offenders under supervision in the United States are on probation

– About 27% of persons sentenced for a felony receive probation

• Annual rate of increase has declined but the number of persons on probation has increased greatly

The Extent of Probation (2 of 2)

• Violent offenders have about a one in five chance of receiving probation

• States vary widely in their use of probation

• About 51% of adults discharged from probation successfully meet the conditions of their supervision

• About 15% are incarcerated because of a rule violation or because they committed a new offense

• About 7% abscond

Figure 10.1 Offenders under Correctional Supervision, by Type of Supervision

Probation Conditions • Individuals on probation must agree to abide by

court-mandated conditions of probation

• Violation of conditions may lead to probation revocation

• General Conditions – Apply to all probationers in a given jurisdiction

• Special Conditions – May be mandated by the judge who feels that

the probationer is in need of particular guidance or control

The Federal Probation System • U.S. Probation and Pretrial Services System was

created by the passage of the 1925 National Probation Act

• Federal probation/pretrial services officers are federal law enforcement officers

– Can arrest or detain individuals suspected or convicted of federal offenses

– Can arrest individuals suspected of violating conditions of probation

What Is Parole? (1 of 4)

• Parole – Conditional supervised early release of inmates

from correctional confinement – Strategy of prison reentry to the community

from prison

• Differs from probation in both purpose and implementation

What Is Parole? (2 of 4)

• Probation – Probationers general avoid incarceration – Sentencing option available to a judge – Sentencing strategy

• Parole – Parolees have been incarcerated – Administrative decision by paroling authority – Correctional strategy

What Is Parole? (3 of 4)

• Two major parole decision-making models – Parole board

 State paroling authority that grants parole based on the board members’ judgment and assessment

 Discretionary parole – Statutory decrees

 Produce mandatory release with release dates near completion of sentence, minus time off for good behavior

What Is Parole? (4 of 4)

• Currently seeing movement away from release by parole boards and the use of discretionary release

• Medical parole – Early release option under which an inmate is

deemed “low risk” due to a serious physical and mental health condition under normal circumstances

– Form of reentry that is on the increase

The Extent of Parole • Parolees are one of the smallest correctional

categories – Reluctance to use parole due to concerns about

lack of offender reformation prior to release

• About 25% of inmates released from prison are paroled

• Other inmates may also serve a short period on reentry parole—a form of supervised mandatory release

• About 56% of parolees successfully complete parole, 15% violate parole, 7% commit new offenses during parole period

Parole Conditions (1 of 2)

• Conditions of parole – The general and specific limits imposed on an

offender who is released on parole – Similar to conditions of probation

• Parole violation – An act or failure to act by a parolee that does

not conform to the conditions of parole – Can lead to parole revocation

Parole Conditions (2 of 2)

• Parole revocation – The administrative action of removing a person

from parole in response to a violation of conditions

• Restitution – A court requirement that an alleged or

convicted offender pay money or provide services to the victim of the crime or provide services to the community

– Frequently included as a condition of parole

Federal Parole • Forms of federal community supervision

– Probation – Parole – Supervised release after prison

• 1984 Comprehensive Crime Control Act mandated federal fixed sentencing, abolished most federal parole

– Parole decisions still made for federal inmates whose sentences were imposed before the act’s deadline

Figure 10.2 Federal Postconviction Supervision, by Type

Advantages of Probation and Parole • Lower costs

• Increased employment

• Restitution

• Community support

• Reduced risk of criminal socialization

• Increased use of community services

• Increased opportunity for rehabilitation

Disadvantages of Probation and Parole • Relative lack of punishment

• Increased risk to the community

• Increased social costs

The Legal Environment (1 of 4)

• Griffin v. Wisconsin (1987) – Probation officers may search a probationer’s

residence without a warrant or probable cause

• Pennsylvania Board of Probation and Parole v. Scott (1998)

– Applied this to searches by parole officers

The Legal Environment (2 of 4)

• Revocation hearing – A hearing held before a legally constituted

hearing body to determine whether a parolee or probationer has violated the conditions and requirements of parole or probation

• About 15% of adults on parole have their conditional release revoked each year

The Legal Environment (3 of 4)

• Most frequent violations for which revocation occurs include:

– Failure to report as required – Failure to participate in treatment programs – Alcohol or drug abuse while under supervision

• Nonrevocable parole (NRP) – Designed to safely reduce state prison

populations – Offenders on NRP may not be returned to prison

The Legal Environment (4 of 4)

• Potential liability of probation officers and parole boards for criminal actions of offenders they supervise or whom they have released

• Most experts agree that parole board members cannot be successfully sued unless release decisions made in grossly negligent or wantonly reckless manner

• Discretionary decisions by individual probation or parole officers that result in harm to the public may be more actionable

The Job of Probation and Parole Officers • Four main functions

– Presentence investigations – Intake procedures – Diagnosis and needs assessment – Client supervision

The Challenges of the Job • Need to balance two conflicting sets of duties:

– Provide quasi-social-work services – Handle custodial responsibilities

• Large caseloads

• Lack of opportunity for career mobility within the profession

• High stress levels

Intermediate Sanctions • Sentencing alternatives falling between

imprisonment and probationary release

• Main advantages – Less expensive than imprisonment – Socially cost-effective – Provide flexibility

Split Sentencing • A sentence explicitly requiring the convicted

offender to serve a period of confinement followed by a period of probation

• Frequently given to minor drug offenders

Shock Probation and Shock Parole • Shock probation

– Offender serves a relatively short period of time in custody and is released to probation

– Unlike split sentencing, shock probation clients must apply for probationary release

– Court effectively makes a resentencing decision

• Shock parole – Similar to shock probation but is an

administrative decision made by paroling authority

Shock Incarceration • Sentencing option that makes use of “boot camp”-

type prison settings

• Popular during the 1990s, designed mainly for young first offenders, short duration

• Largely discontinued today

Mixed Sentencing and Community Service • Mixed sentencing

– A sentence that requires that a convicted offender serve weekends in a confinement facility and receive probation supervision during the week

• Community Service – A sentencing alternative that requires offenders

to spend at least part of their time working for a community agency

Intensive Supervision of Probationers and Parolees (IPS) • Intensive Probation Supervision

– A form of probation supervision involving frequent face-to-face contact between the probationer and the probation officer

– The strictest form of adult probation in the United States

• Some states have extended a form of IPS to parolees

• IPS programs shown to be effective at reducing recidivism

Home Confinement and Remote Location Monitoring (1 of 2)

• Home confinement/house arrest – Offenders are confined to their own residences – Uses remote location monitoring to track

offenders

• Valuable alternative for offenders with special needs

• Levels of federal home confinement – Curfew – Home detention – Home incarceration

Home Confinement and Remote Location Monitoring (2 of 2)

• Advantages of house arrest – Cost-effective response to high cost of

imprisonment – Socially cost-effective—decreases opportunity

for negative socialization that occurs in prison – Monitoring significantly reduces likelihood of

failure under community supervision

• Criticisms of house arrest – May endanger the public – May provide little or no actual punishment

Figure 10.3 Remote Location Monitoring—How It Works

The Future of Probation and Parole

(1 of 2)

• Parole was widely criticized during the 1980s and 1990s

– Citizen groups claimed it unfairly reduces prison sentences imposed on serious offenders

– Academics alleged parole cannot ensure criminals will not commit future crimes

– Concerns about inability of parole to curb recidivism

• Estimates suggest that over half of offenders released on supervised release will be reincarcerated within three years

The Future of Probation and Parole

(2 of 2)

• Parole violators account for over half of prison admissions in many states

• Critics argue that high recidivism and failure on parole indicate poor reintegration of prisoners into the community

• Some prisoners have challenged fairness of parole – May be arbitrarily granted – Unpredictable nature of parole experience

Figure 10.4 Three-Year Recidivism Rates of Prisoners Released from Prison in 15 States

Changes in Reentry Policies (1 of 5)

• Almost two out of every three people released from prison are rearrested within three years of release

• Issues creating barriers to successful reentry

– 75% of those released have history of substance abuse

– 2/3 have no high school diploma

– Lack of employment opportunities

– Over 1/3 have physical or mental disability

Changes in Reentry Policies (2 of 5)

• Serious Violent Offender Reentry Initiative (S V O R I) – Geared toward serious and violent offenders – Goal was to reduce likelihood of reincarceration

by providing tailored supervision and services to improve odds for a successful transition to the community

• SV O R I included a three-phase service continuum – Begins in prison – Structured reentry phase – Continues for several years in the community

Changes in Reentry Policies (3 of 5)

• S V O R I funding ended in 2012 – For adult males, participation was associated

with longer time to reincarceration and fewer reincarcerations

– For adult females, the results were mixed and not significant

Changes in Reentry Policies (4 of 5)

• Reentry courts – Specialized courts combining intensive judicial

oversight with rehabilitative services – Based on the drug-court model – Reentry court judges oversee offender’s

supervised release into the community – Offer array of reintegration services to which

participants can be referred – Provides continual oversight

Changes in Reentry Policies (5 of 5)

• Second Chance Act (2008) – Authorized $400 million in federal funds

between 2008 and 2012 to assist offenders reentering the community

– Act created the National Reentry Resource Center

– Funded prison-to-community transition services and programs

• Recidivism by parolees leaving supervision has declined since the act was passed

The Reinvention of Probation and Evidence-Based Practices (1 of 2)

• The primary purpose of probation has always been rehabilitation

– Too frequently and inappropriately used with repeat or relatively serious offenders, tarnishing image

• Focus today on risk prediction tools to assess likelihood of success for offenders considered for community supervision

The Reinvention of Probation and Evidence-Based Practices (2 of 2)

• Treatment-oriented intense supervision of offenders in the community has the largest impact on reducing recidivism.

• Evidence-based practices firmly established in probation and parole.

Criminal Justice: A Brief Introduction
Introduction
What Is Probation?
The Extent of Probation (1 of 2)
The Extent of Probation (2 of 2)
Slide 6
Probation Conditions
The Federal Probation System
What Is Parole? (1 of 4)
What Is Parole? (2 of 4)
What Is Parole? (3 of 4)
What Is Parole? (4 of 4)
The Extent of Parole
Parole Conditions (1 of 2)
Parole Conditions (2 of 2)
Federal Parole
Figure 10.2 Federal Postconviction Supervision, by Type
Advantages of Probation and Parole
Disadvantages of Probation and Parole
The Legal Environment (1 of 4)
The Legal Environment (2 of 4)
The Legal Environment (3 of 4)
The Legal Environment (4 of 4)
The Job of Probation and Parole Officers
The Challenges of the Job
Intermediate Sanctions
Split Sentencing
Shock Probation and Shock Parole
Shock Incarceration
Mixed Sentencing and Community Service
Intensive Supervision of Probationers and Parolees (IPS)
Home Confinement and Remote Location Monitoring (1 of 2)
Home Confinement and Remote Location Monitoring (2 of 2)
Figure 10.3 Remote Location Monitoring—How It Works
The Future of Probation and Parole (1 of 2)
The Future of Probation and Parole (2 of 2)
Slide 37
Changes in Reentry Policies (1 of 5)
Changes in Reentry Policies (2 of 5)
Changes in Reentry Policies (3 of 5)
Changes in Reentry Policies (4 of 5)
Changes in Reentry Policies (5 of 5)
Slide 43
Slide 44
Copyright