Reasons for development:
Enhance opportunities for rehabilitation:
Alternative to Incarceration:
CHAPTER 14
PROBATION, INTERMEDIATE SANCTIONS AND PAROLE
INTRODUCTION TO CRIMINAL JUSTICE
I. COMMUNITY BASED CORRECTIONS
Reasons for development:
Enhance opportunities for rehabilitation:
Alternative to Incarceration:
II. PROBATION
Populations:
European History
Benefit of Clergy:
Recognizance:
Judicial Reprieve
U.S. History
John Augustus: (1784-1859) Father of Probation
Creation of probation by statute
Massaschusetts 1878
By 1954 all 48 states had a formal probation program legislated.
Texas:
1913: Suspended Sentence Act
1947: Adult Probation and Parole Law
1977: Adult Probation Commission created to oversee adult probation services
1989: Community Justice Assistance Division (CJAD) of the Texas Department of Corrections
Evolution of probation:
1. 1840's- 1920's: Humanitarian.
2. 1920-1960: Professional therapeutic counseling.
3. 1960's: Advocates
4. 1980's: Community protection and Risk Management
Definition of probation:
Texas: "supervised release of a convicted defendant by a court under a continuum of programs and sanctions with conditions imposed by the court for a specified period during which the imposition of the sentence is suspended."
Probation sentence:
Texas: Texas Code of Criminal Procedure 42.12
Length:
Felony:
Misdemeanor:
Eligibility: Not eligible if
maximum term imprisonment exceeds 10 years. Maximum sentence is 10 years ID--probated 10 years
murder, capital murder, Indecency with a child, Aggravated kidnapping, Aggravated sexual assault, aggravated robbery, some drug offenses, deadly weapon use
Probation services
Enforce orders of the Court and Legislature
Provide supervision
assessment
Classification of probationer based on risk.
treatment services: broker or provider (counseling) referral to community resources
Pre-sentence investigations
Revocation of probation:
Type of violations:
technical: failure to report, failure to make payments, failure to maintain employment
arrested for new offense
Gagnon v. Scarpelli (1973)
III. INTERMEDIATE SANCTIONS:
Types of Intermediate Sanctions:
Intensive Supervision Probation:
incapacitation and deterrence
strict surveillance
public safety
rehabilitation is a component but is secondary
Home confinement:
Electronic Monitoring
Community Service
Day Reporting Centers
Boot Camps
Supervised release from incarceration under conditions imposed by the State.
Populations:
Origins of Parole:
Europe
Britain: 1587 Act of Banishment:
Captain Alexander Maconochie:
1) strict imprisonment
2) labor on government chain gangs
3) freedom within a limited area
4) a "ticket of leave" resulting in conditional pardon
5) full restoration of liberty.
Sir Walter Crofton: Ireland (Irish System):
America:
Zebulon Brockway: Warden of Elmira State Reformatory
Release Mechanisms:
Discretionary Release:
indeterminate sentence with a minimum and maximum amount.
Texas: fixed indeterminate
Most inmates will be eligible for parole after they have served when actual
calendar time served + good conduct time = 1/4 of their sentence or 15 years
whichever is less.
Mandatory Release:
determinate sentencing
Inmate must be released when they have served there sentence or portion thereof (as determined by law) less in any good time earned.
Texas: Inmate must be released when the calendar time served + good conduct time = amount of sentence
Unconditional Release:
Parole Boards:
Texas:
18 persons appointed by the Governor for 6 years terms. Virtually no qualifications. They work in panels of 3
Does discretionary parole have a value?
Controls prison populations
Provides incentive for inmates good behavior
Supervision in the Community
Work and Educational Release programs:
Furlough
Residential Programs
Parole Officers
Recidivism:
1983
25% arrested in 6 months
40% in first year
62% in 2 years
40% will be reincarcerated within 3 years.
1994
30% arrested in 6 months
40% in first year
59% in 2 years
67% in 3 years
52% reincarcerated within 3 years
Parole Revocation:
Morrisey v. Brewer (1972) parolees have some
basic rights
notice of the charges
notice of the evidence
speak on their own behalf
confront witnesses against them
Gagnon v. Scarpelli (1973): created an additional right to counsel in revocation
hearings
Future of Parole
V. PARDONS
VI. LOSS OF CIVIL LIBERTIES
Texas
1. right to hold public office
2. right to serve on a jury
3. right to vote
4. possess a firearm