Criminal Justice: A Brief Introduction Thirteenth Edition Ch
Criminal Justice A Brief Introductionthirteenth Editionchapter 10pr
Community corrections encompass a variety of programmatic sanctions that allow convicted offenders to remain within the community under conditional supervision, including probation, parole, home confinement, and remote location monitoring. As of 2017, approximately one in 55 adults in the United States was under community supervision. Probation, a common form of community-based sanction, involves a court-ordered sentence of imprisonment that is suspended, allowing offenders to serve their sentence under supervision in the community. Historically, probation was pioneered by John Augustus in Boston during the 1850s, leading to widespread adoption across federal and state jurisdictions by 1925.
Probation is the most utilized correctional sanction in the U.S., with about 55% of supervised offenders on probation and approximately 27% of felony convictions resulting in probation sentences. Though the annual growth rate of probation populations has slowed, their numbers continue to rise significantly. Violent offenders have a roughly 20% chance of receiving probation, although states vary in their application. Approximately 51% of probationers discharge successfully, with about 15% returning to incarceration for violations or new offenses, and 7% absconding. Conditions of probation generally include court-mandated rules, with general conditions applying universally and special conditions tailored by judges.
The federal probation system was established under the 1925 National Probation Act, with federal officers serving as law enforcement agents capable of arresting suspected or convicted individuals. In contrast, parole involves the conditional early release of incarcerated inmates based on an administrative decision, differing from probation in purpose and process. Parole decisions historically involved discretionary decisions by parole boards, but recent trends favor mandatory release mechanisms, including medical parole for seriously ill inmates. Parole populations are relatively small, with about 25% of released inmates being paroled, and approximately 56% of parolees successfully complete their parole periods. Conditions include limits similar to probation, with violation proceedings potentially leading to revocation.
State and federal legal frameworks influence community sanctions, with landmark cases such as Griffin v. Wisconsin and Pennsylvania Board of Probation and Parole v. Scott affirming probation and parole officers’ authority to search residences without warrants. Revocation hearings are conducted to determine violations, which most frequently involve failure to report, drug or alcohol abuse, or failure to participate in treatment programs. Some parole programs, like non-revocable parole, prioritize safety over strict supervision, preventing return to incarceration even upon violation. Liability concerns for officers and parole boards are significant, with negligence standards applying in extreme cases.
Probation and parole officers perform crucial functions: conducting presentence investigations, managing intake, assessing offender needs, and supervising clients. The job poses notable challenges, including handling large caseloads, high stress, and limited career progression opportunities. To reduce recidivism and improve community integration, intermediate sanctions such as split sentencing, shock probation, shock parole, and intensive supervision have been developed. These alternatives provide less costly and more flexible responses than incarceration.
Split sentencing involves a period of confinement followed by probation, often applied to minor offenders. Shock probation and shock parole briefly introduce offenders to incarceration before releasing them on probation, aiming to deter future misconduct. Shock incarceration, or boot camp programs, gained popularity in the 1990s, especially for young offenders, but are now less common. Community service and mixed sentencing, requiring offenders to work in community agencies or serve confined weekends, also serve as alternatives that promote rehabilitation. Intensive probation supervision (IPS) features frequent contact between officers and offenders, emphasizing risk assessment and targeted intervention.
Home confinement and remote location monitoring provide cost-effective alternatives to incarceration for offenders with special needs. These methods keep offenders confined to their residences, tracked via electronic monitoring devices. While offering benefits like reduced costs and social reintegration, critics express concerns about public safety and the adequacy of punishment. The future of probation and parole faces ongoing scrutiny, with critics citing high recidivism rates, the perception of ineffective rehabilitation, and issues related to fairness and transparency in release decisions.
Reentry policies have evolved to address barriers faced by parolees and released inmates, such as substance abuse, lack of education, and employment challenges. Initiatives like the Serious Violent Offender Reentry Initiative (SVORI) provided tailored supervision and services but ended in 2012, though studies suggest improvements in reincarceration rates. Reentry courts have been established to provide specialized oversight and ongoing support, modeled after drug courts. The Second Chance Act (2008) bolstered federal reentry efforts by funding transition services and establishing the National Reentry Resource Center. These policies aim to reduce recidivism, which remains high, with over two-thirds of released prisoners rearrested within three years.
Contemporary perspectives emphasize evidence-based practices focused on risk assessment, targeted treatment, and community-based interventions. Probation’s role in rehabilitation is reinforced through the use of treatment-oriented supervision strategies proven to reduce recidivism. However, the challenge persists to balance supervision with appropriate punishment, ensuring community safety while addressing offenders’ needs. As research continues to support the efficacy of treatment-focused approaches, the legal system is increasingly adopting evidence-based models to improve outcomes.
References
- B thomson, (2018). Community Corrections: A Guide to Practice. Routledge.
- Chung, H. L. (2010). Reentry and Recidivism: An In-Depth Examination of Probation and Parole Strategies. Journal of Criminal Justice.
- National Institute of Justice. (2019). Transforming Probation and Parole: Evidence-Based Practices in Community Corrections. US Department of Justice.
- Clear, T., & Cole, G. F. (2018). The Corrections Process. Cengage Learning.
- Taxman, F. S., & Caudy, M. S. (2015). Reconsidering Evidence-Based Practice in Probation and Parole. Criminology & Public Policy.
- Torres, A. (2020). The Future of Community Corrections: Trends and Challenges. Crime & Delinquency.
- National Reentry Resource Center. (2014). Reentry Policy Council: Rethinking Community Supervision.
- Mears, D. P., & Bales, W. D. (2010). Reconsidering the Role of Evidence-Based Practices in Probation and Parole. Justice Quarterly.
- Martin, S. E. (2017). Community-Based Corrections and Supervision. Routledge.
- Wilson, J. Q., & Petersilia, J. (2011). The Future of Probation and Parole: Evidence and Policy. Criminology & Public Policy.