Chapter 10 Probation and ParoleChapter OutlineI. States Turn to Diversion, Probation, and Parole Mandatory and Good-Time Release Pardon and Commutation of SentenceII. Probation Probation Services Decision to Grant Probation Advantages of Probation Decisions to Revoke ProbationIII. Parole Pros and Cons of Parole State and Federal Parole Boards The Parole Hearing Conditions of Parole Revocation of ParoleIV. Supervision of Probation and Parole Social Work and Rehabilitation Skills Measures of Success You Can Lead a Horse to Water, But
Learning ObjectivesAfter completion of this chapter, students should be able to:1. Understand why the criminal justice system provides for early release of inmates.2. Know the differences between diversion, probation, parole, mandatory release, good-timerelease, and pardon.3. Explain the origins, reasons for, and advantages of probation.4. Explain the origins, pros and cons of parole.Key TermsCommutation of sentence (p. 187) a reduction in the severity or length of an inmate’s sentenceissued by a state governor or the president of the United StatesConsolidated model (p. 195) the system in which the organization of decision-making aboutparole as a function of a state department of correctionsDiversion (p. 186) a defendant is offered an alternative to criminal trial and a prison sentence,such as drug courts, boot camps, and treatment programsExecutive pardon (p. 187) an act by a governor or the president that forgives the prisoner andrescinds the sentenceGood-time credit (p. 187) a strategy of crediting inmates with extra days served toward earlyrelease in an effort to encourage them to obey rules and participate in programsIndeterminate sentence (p. 193) a sentence in which the defendant is sentenced to a prison termwith a minimum and a maximum number of years to serveIrish system (p. 193) an early form of parole invented by Sir Walter Crofton on the basis of themark system, in which prisoners were released conditionally on good behavior and weresupervised in the communityMandatory release (p. 186) the release of prisoners required by law after they have served theentire length of their maximum sentenceMark system (p. 192) an early form of parole invented by Alexander Maconochie in whichprisoners demonstrated their rehabilitation by earning points for good behavior
Parole board (p. 194) individuals appointed to a body that meets in prisons to make decisionsabout granting parole release to inmatesParole d’honneur (p. 192) origin of parole based on the concept of releasing prisoners “on theirhonor” after serving portion of their sentence but before the maximum termParole hearings (p. 196) meetings with the inmates, attorneys, and others in which the paroleboard decides whether to grant, deny, or revoke paroleProbation (p. 188) conditional release of a convicted offender prior to his or her serving anyprison timeProbation officer (p. 189) a state or federal professional employee who reports to the courts andsupervises defendants released from prison on paroleSex offender registries (p. 196) open-access online databases identifying known sex offenderson parole, maintained to protect communities and potential victimsStandard conditions of release (p. 198) federal and state guidelines with rules with whichparolees must comply to meet their conditions of releaseSuspended sentence (p. 186) another term for probation, based on the fact that convictedoffenders must serve their full sentences if they violate the terms of releaseTechnical violation (p. 191) grounds for imprisonment of probationer or parolee based on his orher violation of the condition of releaseTicket of leave (p. 192) in the mark system, unconditional release from prison purchased withmarks earned for good behavior.Chapter Summary The growing number of offenders and the high cost of prisons have resulted in the earlyrelease of millions of inmates. The types of early release include: mandatory release, goodtimerelease, pardon, commutation of sentence, probation, and parole. The historic practice ofprobation originated with shoemaker John Augustus of Boston in the mid-1800s. Probation is asuspended sentence, granted by the trial judge on the basis of information contained in thepresentence investigation report. Probation and parole have many advantages, including lower cost, creating more beds spacefor jails and prisons, and the ability to use community resources to help rehabilitate offenders.Disadvantages include potential dangers to the community and repeat offending. Probation canbe revoked for a technical violation, noncompliance with court officers, or the commission of anew crime. Probationers and parolees have some due process rights in the revocation of release.
Parole is conditional early release from prison and is granted by the parole board, which isresponsible for deciding which prisoners are released early. Parole hearings do not have toprovide the same constitutional rights to inmates that they receive at criminal trials. The originsof parole are found in Maconochie’s mark system and the Crofton’s Irish system. Inmates whoreceive parole must abide by certain conditions and comply with laws and terms of treatment.Parole can be revoked, but the parolee is entitled to notice and a revocation hearing.Probation and parole officers perform presentence investigation reports and supervise offenderson conditional release in the community. Probation and parole officers act as case workers andlaw enforcement officers in supervising their clients.Media to ExploreGo to www.cor.state.ky.us to view the Commonwealth of Kentucky Offender Online Lookup.Visit the Federal Bureau of Investigations national sex offender registry portal atwww.fbi.gov/hq/cid/cac/registry.htm to select a state to view the sex offender registry for thatstate.Go to www.appa-net.org to view the Web site of the American Probation and ParoleAssociation.Go to www.ojp.usdoj.gov/bjs/pandp.htm to view the Web site of the Bureau of JusticeStatistics to see statistics regarding probation and parole data. This Web site is useful forobtaining current and historical data for papers.