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UNIT IV: Chapter 10
Transcript of UNIT IV: Chapter 10
The idea that some offenders can still live in the community while keeping them under control.
Why do we have other options besides incarceration?
About 70% of adults in the corrections system are probationers or parolees
Both are supported economically
nonviolent offender going from incarceration to community supervision, federal government saves about $22,700; the state government saves about $23,200 per individual
Other options for those who need stricter supervision than probation, but imprisonment would be too harsh.
~850,000 Americans on parole
Probation, Parole, & Intermediate Sanctioning
what is it?
community corrections role
basis comes from rehabilitative theories
what is it?
'strainer' theory by Paul H. Hahn (with each "shake" of the "corrections strainer" the less serious offenders are diverted from incarceration)
Judge can combine probation with incarceration
1. Split Sentences = shock probation; sentenced to a specific amount of time in prison followed by a specific period of probation
2. Shock Incarceration = sentenced to prison with the understanding that after a certain amount of time they may petition the court to be released on probation
3. Intermittent Incarceration = spends time each week in a jail, work house, or other government institution
When is probation denied?
convicted on multiple charges
on probation/parole at time of arrest
2 + prior convictions
addicted to narcotics
serious injury to victim
used a weapon
Guidelines for setting probation:
must be related to the rehabilitation of the probationer and the protection of the community
cannot violate Constitution
1. Standard Conditions: imposed on ALL; report to officer, notify change of address, cannot leave the jurisdiction without permission, remain employed
2. Punitive Conditions: fines, community service, restitution, drug testing, home confinement
3. Treatment Conditions: counseling for abuse, anger management, mental health issues
conduct presentence investigation
Authority...how does this affect relationship with the offender?
can revoke probation through a technical violation...three stage procedure:
1. Preliminary Hearing in front of judge (probable cause)
2. Revocation Hearing, probation agency presents evidence in front of a 'neutral and detached body'
3. Revocation Sentencing, if the body rules against the probationer, then judge decides whether to impose incarceration
Does it work?
About 1/4 are rearrested within five years of being placed under community supervision.
conditional release of prisoner after portion of sentence has been served
Based on 3 concepts:
1. Grace = prisoner has no right to be given early release, it is a privilege by the government
2. Contract of Consent = parolee agrees to abide by conditions set in return for his/her freedom
3. Custody = parolee is still responsibility of the state
Difference between Probation and Parole?
Probation = handed down by a judge, usually no incarceration, given after conviction
Parole = conditional release FROM prison through a parole contract
Revocation policy and Parole Officer position similar to probation
Eligibility for Parole:
NO Constitutional right
measured at either 1/3 or 1/2 of the maximum sentence
20 states moved towards mandatory release
1. Judicially Administered
Pretrial Diversion Programs
Problem-solving Courts focus on drug problems, mental illness, and homelessness
2. Corrections Departments
Day Reporting Centers
Intensive Supervision Probation