Probation Parole Chapter

SOC 3880
Intro to Criminal Justice
Mbritz@clemson.edu
Criminal Justice
CHAPTER 11
PROBATION,
COMMUNITY
CORRECTIONS
, AND REENTRY

© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
11.1
11.2
11.3
11.4
11.5
Summarize the advantages and disadvantages of probation and
parole.
Describe the history, purpose, and characteristics of probation.
Describe the history, purpose, and characteristics of parole.
Summarize the role of the parole board.
Describe the conditions under which probation and parole can
be revoked.
11.6 Identify significant court cases affecting probation and parole.
CHAPTER OBJECTIVES

11.7
11.8
11.9
11.10
11.11
Summarize how probation and parole are supervised.
Describe various intermediate sanctions.
Describe various ways that inmates reenter the community.
Identify forms of authentic and restorative justice.
Identify the issues relating to the treatment and supervision of
sex offenders and the use of sex-offender registries.
11.12 Define terms related to probation, parole, and reentry.
CHAPTER OBJECTIVES

Summarize the advantages and
disadvantages of probation and
parole.
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
11.1

Upper Saddle River, New Jersey 07458 • All Rights Reserved5
11.1
Lower Cost
Community
Support
Increased Use
of Community
Services
Increased
Opportunity for
Rehabilitation
Advantages of Probation and Parole
Increased
Employment
Offenders Who Are Released
Are Able to Contribute to
the “Free” Economy When
Employed Outside of Prison
Restitution

11.1
Relative Lack
of Punishment
When a Convicted Offender Is
Released to the Community
on Probation or Parole, It Poses
a Risk to the Community
Disadvantages of Parole and Probation
Increased
Social Costs

Describe the history, purpose, and
characteristics of probation.
Learning Objectives
11.2

11.2
John Augustus

11.2

11.2
Who Is Not Eligible?

Describe the history, purpose, and
characteristics of parole.
Learning Objectives
11.3

11.3

Summarize the role of the parole
board.
Learning Objectives
11.4

11.4
Parole Boards

Describe the conditions under which
probation and parole can be
revoked.
Learning Objectives
11.5

11.5
Revocation
Proceedings

Identify significant court cases
affecting probation and parole.
Learning Objectives
11.6

1998
18
11.6
19871973197219671935

Summarize how probation and parole
are supervised.
Learning Objectives
11.7

11.7
Probation
Officers
Parole
Officers

Describe various intermediate
sanctions.
Learning Objectives
11.8

Split
Sentencing
Shock
Probation/Parole
Shock
Incarceration
Indeterminate
Sanctions
11.8

11.8
Electronic
Monitoring
Home
Confinement
Intensive
Supervision
ProbationFines

Describe various ways that inmates
reenter the community.
Learning Objectives
11.9

Work
Release
Temporary
Release
Release
Furlough
Maxing
Out
Study
Release
11.9

Identify forms of authentic and
restorative justice.
Learning Objectives
11.10

2 Types of Alternative Sentences11.10
Restorative Authenticvs.

Models of Justice11.10

Mediation
Programs
Forced Birth
Control
Shock
Incarceration
Corporal
Punishment
Public
Humiliation
Forms of Restorative or Authentic Justice
Forfeiture of
Assets

Identify the issues relating to the
treatment and supervision of sex
offenders and the use of sex-offender
registries.
Learning Objectives
11.11

Define terms related to probation,
parole, and reentry.
Learning Objectives
11.12

11.1
Sex offenders constitute a very small proportion of all offenders,
and their recidivism rates are much lower than non-sex offenders. In
addition, the overwhelming majority of sex offenses against children are
committed by family members. Nevertheless, any instance of sex
offending engenders great public apprehension. This public
apprehension, combined with increasingly restrictive sex offender
reporting and residency laws, which are difficult to enforce, make it
difficult for ex-offenders to find housing, and appear to drive former sex
offenders underground so their addresses are not known. It is important
that public notification and restrictions on sex offenders do not make a
problem worse in the name of making it better.
CHAPTER SUMMARY

11.2
Probation is a criminal sentence of community supervision of the
offender that is conducted by a probation officer. The term probation
was first used by John Augustus to describe his efforts to bail offenders
out of jail and allow them to live under supervision in the community.
Augustus worked without pay, and he often placed those he bailed
out of jail in his own home. He was careful in whom he selected,
taking into account “the previous character of the person, his age
and the influences by which in the future he would likely be
surrounded.” Augustus helped offenders of all kinds, and he reported
only ten absconders among the 2,000 cases he handled. He worked
as a volunteer for eighteen years. Today probation is administered in
a variety of ways. In thirty-four states adult probation is part of the
executive branch of government; in sixteen others it is part of the
judicial branch at the state or local level. In half the states a central
probation system operates throughout the state; in others probation is
operated by the county government, and in the remainder it is
administered by the municipality.
CHAPTER SUMMARY

11.3
The purpose of parole is to allow inmates to serve the last part of their
sentence in the community under supervision in order to readjust to
freedom. Parole is associated with indeterminate sentencing. Parole
release is decided by a parole board consisting of corrections officers.
11.4
Parole release is decided by a parole board consisting of corrections
officials and/or political appointees who evaluate the inmate’s record
and behavior inside the prison. Using their discretion, they may release
the inmate to serve the remainder of the sentence under community
supervision. Parole thus is designed to provide supervised transition from
prison to life in the community.
11.5
Conditions designed to change behavior include mandatory
drug/alcohol testing or treatment, education or employment
requirements, community service, payment of fines, and/or restitution to
the victim. The conditions seeking change are designed to produce
conforming behavior once the probation sentence has ended. These
changes are expected to result from treatment of addiction, steady
employment, and greater understanding of the consequences of
criminal behavior.
CHAPTER SUMMARY

11.6
Important court cases regarding probation and parole include: Escoe v.
Zerbst (1935), Mempa v. Rhay (1967), Morrissey v. Brewer (1972) , Gagnon
v. Scarpelli (1973), Griffin v. Wisconsin (1987), and Pennsylvania Board of
Probation and Parole v. Scott (1998)
11.7
Jurisdictions achieve intensive supervision by maintaining small
caseloads, making frequent contact with offenders under supervision,
and imposing special conditions such as random drug tests. An offender
under home confinement or house arrest may leave his or her residence
only for approved reasons. Compliance is increasingly ensured through
electronic monitoring.
11.8
Monetary fines are the most common form of criminal sanction in the
United States. Fines are used primarily in cases involving minor crimes or
as an adjunct to incarceration for more serious offenses. Fines have
problems of proportionality and collection, which can be overcome to
some extent by the use of “day fines” based on offenders’ daily earnings.
CHAPTER SUMMARY

11.9
Work or study release programs permit eligible inmates to work or take
courses outside the prison during the day and return to the prison at
night. Furloughs are unsupervised leaves from prison for specific
purposes and are granted for only a few hours. Halfway houses are
residential centers for ex-offenders in the community. These facilities
refer residents for counseling, treatment, and employment services. A
pardon allows a convicted offender to be released from prison without
any supervision. A pardon excuses the offender from criminal
penalties—unlike a commutation, which modifies or reduces a
sentence.
11.10
Forms of authentic and restorative justice include mediation programs,
shock incarceration, corporal punishment, public humiliation, forced birth
control , and forfeiture of assets.
11.11
Sex offenders constitute a very small proportion of all offenders, and their
recidivism rates are much lower than non–sex offenders. I n addition, the
overwhelming majority of sex offenses against children are committed by
family members. Nevertheless, any instance of sex offending engenders
great public apprehension.
11.12 See page 378 for Key Terms.
CHAPTER SUMMARY

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