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CJ 2011James A. Fagin

Chapter 10:Probation and Parole


© 2011 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights

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After completion of this chapter, students should be able to:Understand why the criminal justice system provides for early release of inmatesKnow the differences between diversion, probation, parole, mandatory release, good-time release, and pardonExplain the origins, reasons for, and advantages of probationExplain the origins, and the pros and cons of parole



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Incarceration that includes diversion for defendants, probation or suspended sentence for convicted offenders, and parole or early release for prisoners



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Mandatory Release: law requires prisoners to be released once they have served their entire sentence

Good-Time Credit: a strategy of crediting inmates with extra days served toward early release, in an effort to encourage prisoners to obey rules

Sentencing Reform Act of 1984



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Executive Pardon: an act by a governor or the president that forgives the prisoner and rescinds the sentence

Commutation of Sentence: reduction in the severity or length of an inmate’s sentence, issued by a state governor or the president



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John Augustus (1784-1859) Boston shoemaker who observed court proceedings and volunteered to take home offenders and provide them with work

By the time Augustus passed away, he had assisted over 2,000 offenders

In 1878, Massachusetts passed legislation establishing first ‘paid’ probation officer position



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1. A sentence of prison time is an inappropriate punishment

2. Public would not be at serious risk if the offender is released into the community

3. The offender would not benefit from any prison-based rehabilitation program or vocational program

4. The offender can support himself or herself

5. The offender should not be confined due to mental illness

6. The offender will not commit other crimes



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Much cheaper than prison ($1,000/person per year)

Promotes rehabilitation through employment, opportunities for normal social relations, and access to community services and resources

Employment enables offenders to support themselves and to pay taxes



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If offenders test positive for drugs

If offenders are found in possession of a weapon

If offenders commit another crime

If offenders lose employment If offenders fail to complete a treatment program



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Parole provides for the early conditional release of prisoners

It is decided by parole boards It is supervised in the community by probation and parole officers



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Parole Board is responsible for deciding whether an inmate is to receive early release

Independent Model: Parole Board is an autonomous administrative unit with the power to make parole release decisions

Consolidated Model: Parole Board is under the authority of the state Department of Corrections as a specialty unit within the department that makes decisions about conditional early releases



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Parole boards decide who to release when the prison system is ordered to reduce its population due to overcrowding

The conditions of imprisonment caused by overcrowding can be argued as a violation of the Eighth Amendment



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Can be revoked for violation of a condition of release, a technical violation, or for commission of a new crime

Less than 50% of parolees are successful in maintaining their freedom after release

Morrissey v. Brewer (1972)



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Probation and parole officers are case workers with law enforcement powers, who supervise convicted offenders in the community



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1. A case worker to help clients succeed in their reintegration into the community and fulfill the conditions of their release

2. A resource broker to help parolees to obtain services, treatment, social benefits, educational opportunities, and employment

3. A law enforcement officer and officer of the court, empowered to enforce compliance with the court’s orders and obedience to the law

0131389033 ppt10

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