Community Corrections
Focus on Rehabilitation while offender lives in the community.
Probation-conditional Release |
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Parole-early release from prison |
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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
See the powerpoint posted on Blackboard
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)
Sacramento County Parole
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)
PAROLE:
Three types:
Discretionary early release-part of indeterminate
sentencing-based on rehabilitative ideal
By parole authority
Mandatory early release
See Annual Survey of Parole Models
Review national corrections statistics at: http://www.ojp.usdoj.gov/bjs/glance/dr.htm
Important Concepts, Key Terms, and Information
Parole and Probation are considered community corrections |
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Depending on the state, probation could be a state or a local (county) function |
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In some states, parole and probation services are combined under one state agency |
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Depending on the state, probation officers may or may not be considered peace officers |
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Parole is always a state agency. (The federal government does not have a traditional parole system) |
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The conditions of probation are typically the same or similar to conditions of parole |
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Intensive supervision probation is used to monitor probationers who would normally be incarcerated |
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In spite of problems with probation, it is here to stay, especially because it saves money. |
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More than half of parolees/probationers commit new offenses |
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Most of the U.S. correctional population is serving a probationary sentence |