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Criminal JusticeCriminal Justice
A Brief IntroductionA Brief Introduction
CHAPTER
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
ELEVENTH EDITION
Probation, Parole, and
Community Corrections
10
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
What is Probation?What is Probation?
• 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
continued on next slide
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
What is Probation?What is Probation?
• Probation
 A sentence of imprisonment that is
suspended
• Today, probation is the most common
form of criminal sentencing in the
United States.
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Probation ConditionsProbation Conditions
• 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
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
The Federal Probation SystemThe Federal Probation System
• Known as the United States Probation
and Pretrial Services System
 Approximately 80 years old
• A vigorous campaign by the National
Probation Association, Congress passed
the Nation Probation Act in 1925.
 This authorized the use of probation in
federal courts
continued on next slide
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
The Federal Probation SystemThe Federal Probation System
• Federal probation and pretrial services
officers are federal law enforcement
officers.
 Authority to arrest or detain individuals
of violations of the conditions of their
probation
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
What is Parole?What is Parole?
• Parole
 The status of a convicted offender who
has been conditionally released from
prison by a paroling authority before the
expiration of his or her sentence
• Prisoner Reentry
 The managed return to the community
of individuals released from prison
continued on next slide
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
What is Parole?What is Parole?
• Parole Board
 State paroling authority that grants
parole based on the board members'
judgment and assessment
• Statutory Decrees
 Mandatory release
• The release of an inmate from prison that
is determined by statute or sentencing
guidelines
continued on next slide
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
What is Parole?What is Parole?
• Discretionary release
 The release of an inmate from prison to
supervision that is decided by a parole
board or other authority
• 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
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Parole ConditionsParole Conditions
• Conditions of Parole
 The general and specific limits imposed
on an offender who is released on parole
• Parole Violation
 An act or failure to act by a parolee that
does not conform to the conditions of
parole
continued on next slide
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Parole ConditionsParole Conditions
• Parole Revocation
 The administrative action of removing a
person from parole in response to a
violation of conditions
continued on next slide
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Parole ConditionsParole 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
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Pros and Cons of Probation andPros and Cons of Probation and
ParoleParole
• Advantages
 Lower costs
 Increased employment
 Restitution
 Community support
 Reduced risk of criminal socialization
 Increased use of community services
 Increased opportunity for rehabilitation
continued on next slide
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Pros and Cons of Probation andPros and Cons of Probation and
ParoleParole
• Disadvantages
 Relative lack of punishment
 Increased risk to the community
 Increased social costs
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
The Legal EnvironmentThe Legal Environment
• 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 25% of probationers and 26% of
parolees have their conditional release
revoked.
continued on next slide
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
The Legal EnvironmentThe Legal Environment
• Conditional release
 The release of an inmate from prison to
community supervision with a set of
conditions for remaining on parole
continued on next slide
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
The Legal EnvironmentThe Legal Environment
• 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.
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
The Job of Probation and ParoleThe Job of Probation and Parole
OfficersOfficers
• Presentence investigations
• Intake procedures
• Diagnosis and needs assessment
• Client supervision
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
The Challenges of the JobThe Challenges of the Job
• The need to balance two conflicting
sets of duties:
 Provide quasi-social-work services
 Handle custodial responsibilities
• The social work model stresses the
service role and views probationers and
parolees as clients.
 Assess the needs of the client
 Match clients with community resources
continued on next slide
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
The Challenges of the JobThe Challenges of the Job
• Correctional model
 Careful and close supervision
 Periodically visit clients at home and at
work
• Large caseloads
 A caseload is the number of probation or
parole clients assigned to one probation
or parole officer for supervision
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Intermediate SanctionsIntermediate Sanctions
• Split sentencing
 A sentence explicitly requiring the
convicted offender to serve a period of
confinement followed by a period of
probation
• Shock probation or parole
 Offender serves a relatively short period
of time in custody and is released to
probation.
continued on next slide
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Intermediate SanctionsIntermediate Sanctions
• Shock incarceration
 Sentencing option that makes use of
"boot camp"-type prisons
• Mixed sentencing
 A sentence that requires that a
convicted offender serve weekends in a
confinement facility
continued on next slide
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Intermediate SanctionsIntermediate Sanctions
• Community Service
 A sentencing alternative that requires
offenders to spend at least part of their
time working for a community agency
• Intensive Probation Supervision (IPS)
 A form of probation supervision
involving frequent face-to-face contact
between the probationer and the
probation officer
continued on next slide
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Intermediate SanctionsIntermediate Sanctions
• Home Confinement (House Arrest)
1. Curfew
2. Home detention
3. Home incarceration
• Remote Location Monitoring
 Supervision strategy that uses
electronic technology to track
offenders who are sentenced to house
arrest
continued on next slide
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Intermediate SanctionsIntermediate Sanctions
• Three distinct advantages of
intermediate sanctions
 Less expensive to operate per offender
 Socially cost-effective by keeping the
offender in the community
 Provide flexibility in terms of resources
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Critique of Probation and ParoleCritique of Probation and Parole
• Parole was widely criticized during the
1980s and 1990s by citizen groups that
claimed that it unfairly reduces prison
sentences imposed on serious
offenders.
• 70%of parole violators in prison were
arrested or were convicted of new
offenses while on parole.
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Changes in Reentry PoliciesChanges in Reentry Policies
• Almost 2 out of every 3 people released
from prison are rearrested within three
years of their release.
• 3/4 of those released from prison or jail
have a history of substance abuse.
• 2/3 do not have a high school diploma.
• Nearly half of those leaving jail earned
less than $600 per month immediately
prior to incarceration.
continued on next slide
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Changes in Reentry PoliciesChanges in Reentry Policies
• The rate of serious mental illness
among released inmates is at least
three times higher than the rate of
mental illness among the general
population.
• More than 1/3 of jail inmates have a
physical or mental disability
continued on next slide
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Changes in Reentry PoliciesChanges in Reentry Policies
• Serious Violent Offender Reentry
Initiative (SVORI)
 Geared toward serious and violent
offenders
continued on next slide
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Changes in Reentry PoliciesChanges in Reentry Policies
• SVORI Phases
 Phase I Protect and Prepare
• Institution-Based Programs
 Phase II Control and Restore
• Community-Based Transition Programs
 Phase III Sustain and Support
• Community-Based Long-Term Support
Programs
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
The Reinvention of ProbationThe Reinvention of Probation
• The rehabilitative ideal is far less
popular today than it has been in the
past.
• Probation advocates have been forced
to admit that it is not a very powerful
deterrent because it is far less
punishing than a term of imprisonment.

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Schmalleger ch10 lecture

  • 1. Criminal JusticeCriminal Justice A Brief IntroductionA Brief Introduction CHAPTER Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger ELEVENTH EDITION Probation, Parole, and Community Corrections 10
  • 2. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger What is Probation?What is Probation? • 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 continued on next slide
  • 3. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger What is Probation?What is Probation? • Probation  A sentence of imprisonment that is suspended • Today, probation is the most common form of criminal sentencing in the United States.
  • 4. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Probation ConditionsProbation Conditions • 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
  • 5. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger The Federal Probation SystemThe Federal Probation System • Known as the United States Probation and Pretrial Services System  Approximately 80 years old • A vigorous campaign by the National Probation Association, Congress passed the Nation Probation Act in 1925.  This authorized the use of probation in federal courts continued on next slide
  • 6. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger The Federal Probation SystemThe Federal Probation System • Federal probation and pretrial services officers are federal law enforcement officers.  Authority to arrest or detain individuals of violations of the conditions of their probation
  • 7. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger What is Parole?What is Parole? • Parole  The status of a convicted offender who has been conditionally released from prison by a paroling authority before the expiration of his or her sentence • Prisoner Reentry  The managed return to the community of individuals released from prison continued on next slide
  • 8. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger What is Parole?What is Parole? • Parole Board  State paroling authority that grants parole based on the board members' judgment and assessment • Statutory Decrees  Mandatory release • The release of an inmate from prison that is determined by statute or sentencing guidelines continued on next slide
  • 9. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger What is Parole?What is Parole? • Discretionary release  The release of an inmate from prison to supervision that is decided by a parole board or other authority • 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
  • 10. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Parole ConditionsParole Conditions • Conditions of Parole  The general and specific limits imposed on an offender who is released on parole • Parole Violation  An act or failure to act by a parolee that does not conform to the conditions of parole continued on next slide
  • 11. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Parole ConditionsParole Conditions • Parole Revocation  The administrative action of removing a person from parole in response to a violation of conditions continued on next slide
  • 12. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Parole ConditionsParole 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
  • 13. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Pros and Cons of Probation andPros and Cons of Probation and ParoleParole • Advantages  Lower costs  Increased employment  Restitution  Community support  Reduced risk of criminal socialization  Increased use of community services  Increased opportunity for rehabilitation continued on next slide
  • 14. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Pros and Cons of Probation andPros and Cons of Probation and ParoleParole • Disadvantages  Relative lack of punishment  Increased risk to the community  Increased social costs
  • 15. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger The Legal EnvironmentThe Legal Environment • 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 25% of probationers and 26% of parolees have their conditional release revoked. continued on next slide
  • 16. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger The Legal EnvironmentThe Legal Environment • Conditional release  The release of an inmate from prison to community supervision with a set of conditions for remaining on parole continued on next slide
  • 17. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger The Legal EnvironmentThe Legal Environment • 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.
  • 18. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger The Job of Probation and ParoleThe Job of Probation and Parole OfficersOfficers • Presentence investigations • Intake procedures • Diagnosis and needs assessment • Client supervision
  • 19. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger The Challenges of the JobThe Challenges of the Job • The need to balance two conflicting sets of duties:  Provide quasi-social-work services  Handle custodial responsibilities • The social work model stresses the service role and views probationers and parolees as clients.  Assess the needs of the client  Match clients with community resources continued on next slide
  • 20. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger The Challenges of the JobThe Challenges of the Job • Correctional model  Careful and close supervision  Periodically visit clients at home and at work • Large caseloads  A caseload is the number of probation or parole clients assigned to one probation or parole officer for supervision
  • 21. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Intermediate SanctionsIntermediate Sanctions • Split sentencing  A sentence explicitly requiring the convicted offender to serve a period of confinement followed by a period of probation • Shock probation or parole  Offender serves a relatively short period of time in custody and is released to probation. continued on next slide
  • 22. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Intermediate SanctionsIntermediate Sanctions • Shock incarceration  Sentencing option that makes use of "boot camp"-type prisons • Mixed sentencing  A sentence that requires that a convicted offender serve weekends in a confinement facility continued on next slide
  • 23. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Intermediate SanctionsIntermediate Sanctions • Community Service  A sentencing alternative that requires offenders to spend at least part of their time working for a community agency • Intensive Probation Supervision (IPS)  A form of probation supervision involving frequent face-to-face contact between the probationer and the probation officer continued on next slide
  • 24. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Intermediate SanctionsIntermediate Sanctions • Home Confinement (House Arrest) 1. Curfew 2. Home detention 3. Home incarceration • Remote Location Monitoring  Supervision strategy that uses electronic technology to track offenders who are sentenced to house arrest continued on next slide
  • 25. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Intermediate SanctionsIntermediate Sanctions • Three distinct advantages of intermediate sanctions  Less expensive to operate per offender  Socially cost-effective by keeping the offender in the community  Provide flexibility in terms of resources
  • 26. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Critique of Probation and ParoleCritique of Probation and Parole • Parole was widely criticized during the 1980s and 1990s by citizen groups that claimed that it unfairly reduces prison sentences imposed on serious offenders. • 70%of parole violators in prison were arrested or were convicted of new offenses while on parole.
  • 27. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Changes in Reentry PoliciesChanges in Reentry Policies • Almost 2 out of every 3 people released from prison are rearrested within three years of their release. • 3/4 of those released from prison or jail have a history of substance abuse. • 2/3 do not have a high school diploma. • Nearly half of those leaving jail earned less than $600 per month immediately prior to incarceration. continued on next slide
  • 28. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Changes in Reentry PoliciesChanges in Reentry Policies • The rate of serious mental illness among released inmates is at least three times higher than the rate of mental illness among the general population. • More than 1/3 of jail inmates have a physical or mental disability continued on next slide
  • 29. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Changes in Reentry PoliciesChanges in Reentry Policies • Serious Violent Offender Reentry Initiative (SVORI)  Geared toward serious and violent offenders continued on next slide
  • 30. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Changes in Reentry PoliciesChanges in Reentry Policies • SVORI Phases  Phase I Protect and Prepare • Institution-Based Programs  Phase II Control and Restore • Community-Based Transition Programs  Phase III Sustain and Support • Community-Based Long-Term Support Programs
  • 31. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger The Reinvention of ProbationThe Reinvention of Probation • The rehabilitative ideal is far less popular today than it has been in the past. • Probation advocates have been forced to admit that it is not a very powerful deterrent because it is far less punishing than a term of imprisonment.