Chap 10 (CJ)

Introduction to Criminal Justice, Chapter 10: Probation, Parole & Intermediate Sanctions

Overview of Probation and Parole

  • Approximately 4 million offenders are on probation.

  • About 850,000 offenders are on parole, completing sentences outside of prison.

  • In total, nearly 5 million people are supervised by correctional authorities in the community.

  • Community Corrections is the collective term for probation and parole.

Justifications for Community Corrections

  • More Humane Approach

    • Jails and prisons can be particularly dangerous for specific inmate populations.

    • Community corrections focus on rehabilitation and reintegration into society.

    • Services required for rehabilitation are often easier and cheaper to provide outside of prison settings.

  • Parole Advantages

    • Allows offenders to gradually reintegrate into society.

  • Cost Efficiency

    • Probation and parole are significantly less expensive than incarceration.

    • Offenders can work and support themselves as well as their families.

    • Offenders may be required to pay fees associated with probation or parole, further reducing costs for the state.

Understanding Probation

  • Most Common Punishment

    • Probation is the most utilized form of punishment in the U.S.

    • Example: Joe is convicted for possession of cocaine and sentenced to 12 months suspended with 2 years probation.

  • Legal Status

    • Probation entails serving a sentence in the community under supervision for a designated period.

    • It is imposed by a judge and differs from parole.

  • Conditions of Probation

    • Probationers must adhere to conditions set by the court and probation officer.

Statistical Overview of Probation

  • Probation Representation in Corrections

    • 57% on probation

    • 21% in prison

    • 12% on parole

    • 10% in jail

    • Source: Bureau of Justice Statistics, Correctional Populations in the United States, 2012.

Mechanics of Probation

  • Traditional Probation

    • Offenders agree to specific terms for a designated period while serving sentences in the community.

    • Benefits include not serving time in a correctional facility, remaining active in the community, and maintaining familial relationships.

  • Sentencing Choices

    • All Suspended Sentence: Offender may avoid serving time if they meet obligations.

    • Example: Joe's 12 months sentence all suspended with 2 years probation.

    • Split Sentence: Part of the sentence must be served, with the rest suspended.

    • Example: Joe's 12-month sentence with 10 months suspended.

    • Shock Incarceration: Short jail time followed by probation.

    • Example: Joe's 12-month sentence with 2 days served.

    • Intermittent Incarceration: Periodic serving of a sentence.

    • Example: Joe's 12 months with 30 days served on weekends.

Probation Denial Factors

  • Probation is less likely for offenders who:

    • Have previously served jail or prison time.

    • Are convicted of multiple charges.

    • Were on probation or parole at the time of arrest.

    • Have extensive criminal histories.

    • Seriously injured victims or used weapons during the crime.

Conditions of Probation

  • Standard Conditions

    • Apply universally to all probationers.

    • Often include regular reporting to a probation officer and reporting any address changes.

  • Special Conditions

    • Tailored based on individual cases, such as:

    • No contact with victims.

    • Payment of restitution.

    • Participation in community service.

    • Attendance in counseling programs.

Roles and Responsibilities of Probation Officers

  • Primary Roles

    • Supervisory Role: Protecting the community and monitoring offenders.

    • Investigative Role: Conducting Presentence Investigations (PSI).

    • Potential third role: Rehabilitative/Counseling.

  • Size and Conflict of Roles

    • Smaller agencies often have officers performing both duties, while larger agencies may separate responsibilities.

  • Caseload Dilemma

    • Probation officers often face large caseloads, impacting effective supervision.

Conclusion of Probation

  • Outcomes

    • Probation can end through successful completion or revocation due to misbehavior.

    • Common grounds for revocation include:

    • Committing a new crime.

    • Technical violations (e.g., failing to report changes, testing positive for drugs).

  • Revocation Process

    • Alleged violators do not enjoy the same constitutional protections during hearings.

    • Three-stage process:

    1. Preliminary Hearing: Determination of probable cause.

    2. Revocation Hearing: Presentation of evidence.

    3. Revocation Sentencing: Deciding penalties for violations.

Evaluating Probation Effectiveness

  • Goals

    • Assessing community corrections based on success rates in preventing recidivism.

    • Recidivism defined as recurring criminal behavior.

  • Risk Factors

    • Approximately 15% of probationers are returned to prison before completing probation.

    • Factors influencing recidivism include antisocial behavior, pro-criminal attitudes, social support for crime, unemployment, and substance abuse.

Understanding Parole

  • Parole Overview

    • About 850,000 Americans are on parole.

    • Parole represents an early conditional release from prison granted by a Parole Board.

    • Example: An armed robber may be sentenced to 4 to 10 years, paroled after serving 5 years.

  • Parole vs. Probation

    • Parole is granted after serving time, whereas probation is typically a direct sentence from a judge.

  • Conditions of Parole

    • Similar to probation, parolees must follow specific conditions.

    • The combined duties of probation and parole officers are common in many jurisdictions, including New Hampshire.

  • Parole Revocation

    • Approximately 25% of parolees return to prison prior to completing the parole period, with New Hampshire's rate at 45% because of technical violations.

Sentencing and Parole Boards

  • Indeterminate Sentencing

    • Involves minimum and maximum sentences, providing discretion in potential release.

    • Example: A sentence of 2-5 years allows eligibility for parole after serving a minimum.

  • Role of the Parole Board

    • Comprised of 3 to 7 members who assess release eligibility and conditions.

    • Criteria for decisions include offense circumstances, offender attitudes, prior records, health factors, and behavior in prison.

Alternative Sanctions and Programs

  • Pretrial Diversion

    • Offers alternatives to trial in exchange for treatment participation, potentially leading to dropped charges.

  • Problem-Solving Courts

    • Designed to address specific issues like addiction and domestic violence, often resulting in charges being dropped upon completion.

  • Intermediate Sanctions

    • Examples include:

    • Day Reporting Centers: Offenders report daily for supervision and services.

    • Intensive Probation: High-risk offenders under stricter monitoring.

    • Shock Incarceration: Short jail time followed by probation to deter future crime.

    • Home Monitoring: Coming under curfew or confinement with electronic tracking.

  • Criticism and Concerns

    • Net Widening: More alternatives may result in increased supervision, sometimes leading to more offenders under correctional control.

    • Paradox of Community Supervision: Advancements in technology may catch more violations, leading to increased revocation rates despite intentions of community supervision.

Key Concepts and Terms to Know

  1. Difference between probation and parole.

  2. Terms and conditions of probation and parole.

  3. Types of sentences:

    • All-suspended

    • Split-sentence

    • Shock incarceration

    • Intermittent incarceration.

  4. Role of probation and parole officers, with regional variations.

  5. Understanding of Presentence Investigation (PSI).

  6. Processes followed post-violation of probation.

  7. Function of the parole board.