Chapter 12:

Probation and
Community
Corrections
 The Justification for
Community Corrections
Reintegration
Preparing offenders to return to

the community unmarred by further

criminal behavior.
Diversion
Diverting those who qualify away

from prison and jail and toward

community-based intermediate
sanctions.
 Probation: Doing Time in
the Community
When an offender has been sentenced
to remain in the community under
the supervision of probation
services for a designated period of
time, and is subject to certain
conditions imposed by the court.
The most common form of punishment
in the United States.
Probation: Doing Time in
the Community

The roots of probation:

Judicial reprieve

Ex Parte United States (1916)

John Augustus, the father of

probation
Massachusetts establishes the

first statewide program in 1891

Probation: Doing Time in
the Community

Sentencing choices and probation:

Probation

Alternative sentencing choices

Split sentences
Shock incarceration
Intermittent incarceration
 Probation: Doing Time in
the Community
Offenders are most likely 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

Seriously injured the victim of the crime

Used a weapon in the commission of the

crime
 Probation: Doing Time in
the Community
Conditions of probation:
Standard conditions

Imposed on all probationers

Punitive conditions
Designed to reflect the seriousness of
the offense and increase punishment
Treatment conditions
Designed to help the offender with issues
that may contribute to criminal activity
 Probation: Doing Time in
the Community

The role of the probation officer:

Preparing the PSI report (investigative
officers)
Supervising probationers (line officers)

Centralized versus decentralized

probation
services.
 Probation: Doing Time in
the Community
Revocation of probation:
Probation ends in one of two ways

the probation completes the

requirements of probation, or the
probationer fails to meet the
requirements and probation is
revoked.
In 2005, only 59% of probationers

completed probation without

revocation.
 Probation: Doing Time in
the Community
Technical Violations:
Probation may be revoked because of a
new offense, or because a probationer
committed a technical violation.
Technical violations are non-criminal
violations of conditions of probation.
Technical violations do not always
result in revocation. The probation
officer must make a judgment call.
 Probation: Doing Time in
the Community

The revocation Probationer Rights:

process: Mempa v. Ray
The preliminary
(1967)
hearing Morrisey v.
The revocation
Brewer (1972)
hearing
Gagnon v.
The revocation
Scarpelli (1973)
sentencing
Probation: Doing Time in
the Community

Does probation work?

Excessive caseloads

Risk assessment management

Specialized caseloads

Recidivism
 Intermediate Sanctions
Judicially Administered Intermediate
Sanctions:
Fines

Community service

Restitution

Forfeiture

Pretrial diversion programs

Drug court
 Intermediate Sanctions
Day Reporting Centers: community based
corrections center where offenders
report daily for purposes of treatment,
education, and incapacitation.

Intensive Probation Supervision: a more

restrictive alternative to regular
probation. Typified by more
supervision and smaller caseloads.
 Intermediate Sanctions
Shock Incarceration: judges sentence an
individual to a period of time in an
institution, many of which resemble an
army boot camp.

Home Confinement and Electronic

Monitoring: offenders are required to
spend extended periods of time confined
to their homes, sometimes administered in
conjunction with electronic monitoring.
 Intermediate Sanctions
Levels of Home Monitoring:
Curfew

Home detention

Home incarceration

Types of Electronic Monitoring:

Programmed contact

Continuously signaling
 Intermediate Sanctions

Net Widening:
As more and more alternatives to

incarceration are used, the

criminal justice system can
expand the number of people that
can come under its supervision.
 The Paradox of Community
Corrections

The Paradox:
The more effectively offenders

are controlled, the more likely

they are to be caught violating
the terms of their conditional
release