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

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)

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

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
	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