Chat with us, powered by LiveChat 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 | EssayAbode

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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