Community Corrections

Community Corrections

Focus on Rehabilitation while offender lives in
the community.

	Probation-conditional Release
	Parole-early release from prison
	Residential Programs-Half way house, substance abuse treatment facilities, etc.

PROBATION

Probation can be traced to the common law practice of
"judicial reprieve".
John Augustus of Boston is considered the originator of the
concept of probation.

Probation

Type of Sentence
Status
Organization

Philosophical Basis

Average Defendant not violent or dangerous
Need for additional guidance to learn to conform
Adherence to conditions of probation as a form
of contract
Violation of contract can results in serving of
original sentence

Variations of Probation:
Shock Probation
Intensive Supervision Probation

Felony Sentencing at state/federal levels

CONDITIONS OF PROBATION

Some Examples:
Standard and Special Conditions

Voluntary submission to searches by P.O.
Regular contacts with P.O.
Request permission for travel outside of area
Not committing any new offenses
Not consorting with known felons
Not consuming alcohol or using illegal drugs
Notification of P.O. of any changes in address
/telephone #, employment status, etc.
Not contacting the victim
Restitution
Submission to drug testing
Attendance at counseling sessions or treatment
program
Probation fees

ADMINISTRATION

One probation office for each or several felony courts.
NOTE: Some municipal courts also have separate probation
offices.
A "Chief Probation Officer" (CPO) in charge of office.
CPO sets policy and supervises probation officers.
Main Duties of Probation officers (POS):

investigations
intake
diagnosis
treatment supervision.

Check out the duties of P.O. as part of
an Intensive Probation(Supervision) Team

Sample Conditions of Probation (Superior Court of New Hampshire)

Look at the Sacramento, CA
Probation Office
Website

PROBATIONER'S RIGHTS

Not same as those of other citizens

Three major issues:

(1) search and seizure
(2) right of confidentiality
(3) revocation rights.
Procedural due process applies
When making revocation decision—
notification of offender and formal hearing

The rules for revoking probation and
parole are usually the same.

FUTURE OF PROBATION
---In spite of some criticism, expected to continue
as a useful method of alternative sentencing. Offers
Low cost and flexibility-
Post Conviction Restrictions:
(Depending on state)

Right to vote
Right to hold certain public offices
Right to practice certain professions
Right to public employment
Right to serve on a jury
Right to adopt children

NOTE: In the 1960's, many states prohibited convicted felons from
holding a driver's license

PAROLE:

Two types:

Discretionary early release-part of indeterminate sentencing-based on rehabilitative ideal
1980-55% of releases discretionary by parole authority

1999-25% by parole authority

Mandatory early release

Overview of Parole Board Authority by State

California's Board of Parole Hearings

Sample Nevada Parole Agreement

Probation and Parole Stats

California CDC Information

California Prisoners and Parolees

2002: Nationally about 448,000 parolees discharged from sentence -45% fulfilled their conditions of parole

Important Concepts, Key Terms, and Information

	Parole and Probation are considered community corrections
	Depending on the state, probation could be a state or a local (county) function
	In some states, parole and probation services are combined under one state agency
	Depending on the state, probation officers may or may not be considered peace officers
	Parole is always a state agency. (The federal government does not have a traditional parole system)
	The conditions of probation are typically the same or similar to conditions of parole
	Intensive supervision probation is used to monitor probationers who would normally be incarcerated
	In spite of problems with probation, it is here to stay, especially because it saves money.
	More than half of parolees/probationers commit new offenses
	Most of the U.S. correctional population is serving a probationary sentence