10 Probation Parole and Intermediate Sanctions Copyright 2016

10 Probation, Parole, and Intermediate Sanctions Copyright © 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

LEARNING OUTCOMES 1 Explain the justifications for community-based corrections programs 2 Describe three general categories of conditions placed on a probationer 3 Identify the main differences between probation and parole 4 Explain which factors influence the decision to grant parole 5 List the three levels of home monitoring Copyright © 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CJ 4 | CH 10 2

LO - 1 Explain the justifications for community-based corrections programs Copyright © 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CJ 4 | CH 10 3

Community Corrections • Correctional supervision of offenders in the community • Provides: • Reintegration • Diversion • Low-cost alternative Copyright © 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CJ 4 | CH 10 4

Probation • Convict is allowed to remain in the community rather than be imprisoned • Offenders are denied probation if they: • Are convicted on multiple charges • Were on probation or parole at the time of arrest • Have two or more prior convictions • Are addicted to narcotics • Have seriously injured the victim of the crime • Have used a weapon during the commission of the crime Copyright © 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CJ 4 | CH 10 5

Alternatives to Sentencing Suspended sentence • Offender is sentenced but not required to serve the sentence immediately Split sentence probation • Offender is incarcerated in a prison or jail and is required to serve a probationary period in the community Shock incarceration • Offender is sentenced to prison or jail with the understanding that after a period of time, she or he may petition the court to be released on probation Intermittent incarceration • Offender spends a certain amount of time each week in a jail or workhouse Copyright © 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CJ 4 | CH 10 6

LO - 2 Describe three general categories of conditions placed on a probationer Copyright © 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CJ 4 | CH 10 7

Types of Probation Conditions Standard • Employment, reporting, and notifications Punitive • Fines, community service, and restitution Treatment • Counseling for drugs, alcohol, anger management, and mental health issues Copyright © 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CJ 4 | CH 10 8

Revocation of Probation • Technical violation: Action that breaks the terms of probation or parole as designated by the court • Procedure • Preliminary hearing • Revocation sentencing Copyright © 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CJ 4 | CH 10 9

Risk Factors for Recidivism • Antisocial personality patterns • Probationer is impulsive, pleasure seeking, restlessly aggressive, or irritable • Procriminal attitudes • Negative opinions of the authority or the law • Tendency to rationalize prior criminal behavior • Social supports for crime • Having friends who are offenders • Living environment lacking in positive role models Copyright © 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CJ 4 | CH 10 10

LO - 3 Identify the main differences between probation and parole Copyright © 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CJ 4 | CH 10 11

Probation Versus Parole Probation • Alternative to imprisonment • Occurs before imprisonment • Is under the domain of the judiciary • Most individuals are firsttime offenders who have committed nonviolent crimes Parole • Early release from a correctional facility • Occurs after an offender has spent time behind bars • Is under the domain of the parole board • Most parolees have spent months or even years in prison Copyright © 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CJ 4 | CH 10 12

LO - 4 Explain which factors influence the decision to grant parole Copyright © 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CJ 4 | CH 10 13

Discretionary Release • Release of an inmate into a community supervision program • Done at the discretion of the parole board within limits set by state or federal law • Parole board: A body of appointed civilians that decides whether a convict should be granted conditional release Copyright © 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CJ 4 | CH 10 14

Criteria Determining Discretionary Release • Nature of the underlying offense • Threat the offender would pose to the community if released • Prior criminal record • Inmate’s behavior behind bars • Attitude of the victim or the victim’s family Copyright © 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CJ 4 | CH 10 15

Parole Grant Hearing • Parole board or a subcommittee: • Reviews information • Meets the offender • Hears testimony from relevant witnesses • Helps the parole board determine whether to grant parole Copyright © 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CJ 4 | CH 10 16

Intermediate Sanctions • Less restrictive than imprisonment and more restrictive than probation • Designed to match specific punishment and treatment of an offender Copyright © 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CJ 4 | CH 10 17

Sentencing Options Available to Judges Fines Community service Pretrial diversion programs Restitution Forfeiture Copyright © 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CJ 4 | CH 10 18

Pretrial Diversion Program and Forfeiture • Pretrial diversion program • In return for withdrawal of the charges, offender agrees to participate in a specified counseling or treatment program • Forfeiture • Process by which the government seizes private property attached to criminal activity Copyright © 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CJ 4 | CH 10 19

Types of Intermediate Sanctions Day reporting centers • Offenders report on a daily basis for treatment, education, and rehabilitation Intensive supervision probation • Offenders are placed under stricter surveillance and control Shock incarceration • Shocking the offender with the hardships of imprisonment Home confinement • Offenders serve their terms of incarceration in their homes Electronic monitoring • Probation supervision where the offender’s whereabouts are kept under surveillance Copyright © 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CJ 4 | CH 10 20

LO - 5 List the three levels of home monitoring Copyright © 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CJ 4 | CH 10 21

Home Confinement and Electronic Monitoring • Levels of home monitoring • Curfew, home detention, and home incarceration • Types of electronic monitoring • Programmed contact - Offender is personally contacted periodically through voice or text • Continuously signalling - Device is worn around the convict’s wrist, ankle, or neck Copyright © 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CJ 4 | CH 10 22

Careers in Criminal Justice: Probation Officer • Job description • Work with offenders or clients who have been sentenced to probation • Training requirement • A bachelor’s degree in criminal justice or a related field • Must be at least twenty-one years old and should not have felony convictions • Annual salary range • $30, 000 -$80, 000 Copyright © 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CJ 4 | CH 10 23

Careers in Criminal Justice: Substance Abuse Counselor • Job description • Assess the needs of patients and conduct counseling sessions • Training requirement • A bachelor’s degree from a counselor program • Two years of counseling in a related field • A master’s degree in substance abuse counselling • Annual salary range • $30, 000 -$60, 000 Copyright © 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CJ 4 | CH 10 24

KEY TERMS • • • • Community corrections Reintegration Diversion Probation Suspended sentence Split sentence probation Revocation Authority Caseload Technical violation Parole contract Discretionary release Parole board • • • Parole grant hearing Mandatory release Parole guidelines Intermediate sanctions Pretrial diversion program Forfeiture Day reporting center (DRC) Intensive supervision probation (ISP) Shock incarceration Home confinement Electronic monitoring Widen the net Copyright © 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CJ 4 | CH 10 25

SUMMARY • Conditions placed on a probationer are categorized as standard, punitive, and treatment • Probation, an alternative to imprisonment, is a sentence handed down by a judge following conviction • Parole is a conditional release from prison and occurs after an offender has already served some time in a correctional facility • Home monitoring includes curfew, home detention, and home incarceration Copyright © 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CJ 4 | CH 10 26