11 Nov In this journal entry, reflect on at least two things you learned or discovered through the Chapter’s readings. Reflect on how a particular topic in the chapter was interesting, challen
In this journal entry, reflect on at least two things you learned or discovered through the Chapter's readings. Reflect on how a particular topic in the chapter was interesting, challenging, boring, surprising to you and how you may apply a particular concept or theory you learned in the reading in your current or future profession.
Instructions: There is no minimum word limit for your journals, however, you will need to put in some effort and write at least a couple of good paragraphs for your reflection journals.
Criminal Justice: A Brief Introduction
Thirteenth Edition
Chapter 10
Probation, Parole, and Reentry
Copyright © 2020, 2018, 2016 Pearson Education, Inc. All Rights Reserved
Copyright © 2020, 2018, 2016 Pearson Education, Inc. All Rights Reserved
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1
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
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2
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
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3
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
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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
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Source: Kaeble, Probation and Parole in the United States, 2016.
5
Figure 10.1 Offenders under Correctional Supervision, by Type of Supervision
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Source: Danielle Kaeble, and Mary Cowhig, Correctional Populations in the United States, 2016 (Washington, DC: Bureau of Justice Statistics, April 2018).
6
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
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7
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
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8
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
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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
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10
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
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11
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
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12
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
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Source: Danielle Kaeble, Probation and Parole in the United States, 2016.
13
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
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14
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
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15
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
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16
Figure 10.2 Federal Postconviction Supervision, by Type
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Source: Federal Probation System, Persons under Post-Conviction Supervision as of June 30, 2017.
17
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
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18
Disadvantages of Probation and Parole
Relative lack of punishment
Increased risk to the community
Increased social costs
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19
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
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20
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
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Source: Kaeble, Probation and Parole in the United States, 2016.
21
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
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22
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
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23
The Job of Probation and Parole Officers
Four main functions
Presentence investigations
Intake procedures
Diagnosis and needs assessment
Client supervision
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24
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
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25
Intermediate Sanctions
Sentencing alternatives falling between imprisonment and probationary release
Main advantages
Less expensive than imprisonment
Socially cost-effective
Provide flexibility
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26
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
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27
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
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28
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
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29
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
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30
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
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31
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
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32
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
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33
Figure 10.3 Remote Location Monitoring—How It Works
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34
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
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35
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
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36
Figure 10.4 Three-Year Recidivism Rates of Prisoners Released from Prison in 15 States
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Source: U.S. Department of Justice, Exploring the Role of the Police in Prisoner Reentry, New Perspectives in Policing Bulletin, 2012.
37
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
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Source: Langan and Levin, National Recidivism Study of Released Prisoners; and Does Parole Work? Analyzing the Impact of Postprison Supervision on Rearrest Outcomes (Washington, DC: Urban Institute Press, 2005). Esther Griswold, Jessica Pearson, and Lanae Davis, Testing a Modification Process for Incarcerated Parents (Denver: Center for Policy Research), pp. 11–12.
38
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
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39
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
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40
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
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41
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
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42
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
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43
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.
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44
Copyright
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