BCJ 3150 Unit II Aspects Essay

UNIT II

ASPECTS OF PROBATION AND PAROLE

Name Name

BCJ 3150

Columbia Southern University

While probation and parole are similar in that they are both alternatives to incarceration, each is a unique component of the United States’ criminal justice system. In both probation and parole, the involved subject is supervised and expected to follow specific rules and guidelines. In general, probation occurs prior to and often in lieu of county jail or state prison time, while parole is an early release from state prison.

Probation refers to adult or juvenile offenders whom, in lieu of being sentenced to county jail or juvenile hall, the court has placed on community supervision through a probation agency (BJS, n.d.). In many cases, the court may sentence a defendant to some in-custody jail time which is then followed by a set term of probation. The court will determine the type of probation; active or inactive and will also set certain rules that the probationer must follow to stay in good standing. If active probation is utilized, the probationer must check in with his/her probation officer on a regular basis and must maintain in constant contact with the agency. If the probationer moves or has a change of status, he/she must contact the probation agency and advise them of the change. Rules such as drug & alcohol testing are often required and there can be other stipulations such as being inside by 10:00pm, no drinking & drug use and they are often required to attend some type of class based on their offense. Like parole, the probationer will normally have to consent to the waiver of certain constitutional protections like the right to bear arms and warrantless searches (Abadinsky, 2018). Some probationers may be on an inactive status which means they are excluded from regularly reporting requirements, but other waivers and rules are still in place. Failure to comply with any conditions of their probation can result in incarceration.

Parole refers to adult or juvenile criminal offenders who are conditionally released early from prison to serve the remaining portion of their sentence outside the walls of the facility (BJS, n.d.). Prisoners may be released to parole either by a parole board decision or according to state law. Parolees can have a number of different supervision statuses including active supervision, which means they are required to regularly report to their parole agent/officer in person. Some may be granted inactive status which means they are not required to check in on a regular basis, but most do so if requested by law enforcement or their parole officer. Changes in status or degree of supervision may come after the parolee has successfully completed certain classes or treatment programs. Failure to comply with any of the conditions of one’s parole can result in a return to state prison for the remainder of their sentence or they can be flash-held for certain periods of time for the rule/condition violation. In general, flash-holds are anywhere from 10 to 30 days.

The goals of both probation and parole are to rehabilitate offenders and guide them back into society (Abadinsky, 2018). Both have programs contained within that offer incentives to following the rules, staying out of trouble, and completing treatment/wellness programs. In an ideal world, the parolees and probationers learn from these programs while minimizing the likelihood that they will commit additional crimes in the future. There is much debate if these programs work to any measurable scale or if they simply pacify those who feel if the offender is going to be released early anyway, he or she might as well be forced to complete a program with the hopes that something might stick.

The main advantage of probation and parole is that these programs cost less than that of housing the offender in a secure state or county facility. Implementing alternatives to prison and county jail is just one way to mitigate costs and lessen the taxpayer burden. Some question, however, the true costs of these programs when something goes wrong and the parolee injures or kills another while enrolled. While it is true the housing cost was not being realized at that point, but a serious additional crime occurred that would have been avoided had that person been in custody and not on parole or probation.

Another advantage probation and parole has over traditional incarceration is the issue of over-crowded state, county, and even private facilities. By utilizing probation and parole, cells are available to incarcerate the most violent criminals and those who violate the terms of their parole or probation.

References

Abadinsky, H. (2018). Probation and parole: Corrections in the Community (13th ed.) [VitalSource Bookshelf version]. https://online.vitalsource.com/#/books/9780134559506

United States Bureau of Justice. (N.D.). Probation and Parole. Retrieved from: https://www.bjs.gov/index.cfm?ty=qa&iid=324