The chapter discusses probation, parole, and their supervision. Probation and parole were developed to reduce prison overcrowding and costs through early release. Probation is a suspended sentence allowing offenders to remain free under court supervision. Parole is conditional early release granted by parole boards. Both require compliance with conditions or release can be revoked. Probation and parole officers supervise released offenders and act as social workers and law enforcement to support rehabilitation in the community.
1. Chapter 10
Probation and Parole
Chapter Outline
I. States Turn to Diversion, Probation, and Parole
Mandatory and Good-Time Release
Pardon and Commutation of Sentence
II. Probation
Probation Services
Decision to Grant Probation
Advantages of Probation
Decisions to Revoke Probation
III. Parole
Pros and Cons of Parole
State and Federal Parole Boards
The Parole Hearing
Conditions of Parole
Revocation of Parole
IV. Supervision of Probation and Parole
Social Work and Rehabilitation Skills
Measures of Success
You Can Lead a Horse to Water, But
2. Learning Objectives
After completion of this chapter, students should be able to:
1. Understand why the criminal justice system provides for early release of inmates.
2. Know the differences between diversion, probation, parole, mandatory release, good-time
release, and pardon.
3. Explain the origins, reasons for, and advantages of probation.
4. Explain the origins, pros and cons of parole.
Key Terms
Commutation of sentence (p. 187) a reduction in the severity or length of an inmate’s sentence
issued by a state governor or the president of the United States
Consolidated model (p. 195) the system in which the organization of decision-making about
parole as a function of a state department of corrections
Diversion (p. 186) a defendant is offered an alternative to criminal trial and a prison sentence,
such as drug courts, boot camps, and treatment programs
Executive pardon (p. 187) an act by a governor or the president that forgives the prisoner and
rescinds the sentence
Good-time credit (p. 187) a strategy of crediting inmates with extra days served toward early
release in an effort to encourage them to obey rules and participate in programs
Indeterminate sentence (p. 193) a sentence in which the defendant is sentenced to a prison term
with a minimum and a maximum number of years to serve
Irish system (p. 193) an early form of parole invented by Sir Walter Crofton on the basis of the
mark system, in which prisoners were released conditionally on good behavior and were
supervised in the community
Mandatory release (p. 186) the release of prisoners required by law after they have served the
entire length of their maximum sentence
Mark system (p. 192) an early form of parole invented by Alexander Maconochie in which
prisoners demonstrated their rehabilitation by earning points for good behavior
3. Parole board (p. 194) individuals appointed to a body that meets in prisons to make decisions
about granting parole release to inmates
Parole d’honneur (p. 192) origin of parole based on the concept of releasing prisoners “on their
honor” after serving portion of their sentence but before the maximum term
Parole hearings (p. 196) meetings with the inmates, attorneys, and others in which the parole
board decides whether to grant, deny, or revoke parole
Probation (p. 188) conditional release of a convicted offender prior to his or her serving any
prison time
Probation officer (p. 189) a state or federal professional employee who reports to the courts and
supervises defendants released from prison on parole
Sex offender registries (p. 196) open-access online databases identifying known sex offenders
on parole, maintained to protect communities and potential victims
Standard conditions of release (p. 198) federal and state guidelines with rules with which
parolees must comply to meet their conditions of release
Suspended sentence (p. 186) another term for probation, based on the fact that convicted
offenders must serve their full sentences if they violate the terms of release
Technical violation (p. 191) grounds for imprisonment of probationer or parolee based on his or
her violation of the condition of release
Ticket of leave (p. 192) in the mark system, unconditional release from prison purchased with
marks earned for good behavior.
Chapter Summary
The growing number of offenders and the high cost of prisons have resulted in the early
release of millions of inmates. The types of early release include: mandatory release, goodtime
release, pardon, commutation of sentence, probation, and parole. The historic practice of
probation originated with shoemaker John Augustus of Boston in the mid-1800s. Probation is a
suspended sentence, granted by the trial judge on the basis of information contained in the
presentence investigation report.
Probation and parole have many advantages, including lower cost, creating more beds space
for jails and prisons, and the ability to use community resources to help rehabilitate offenders.
Disadvantages include potential dangers to the community and repeat offending. Probation can
be revoked for a technical violation, noncompliance with court officers, or the commission of a
new crime. Probationers and parolees have some due process rights in the revocation of release.
4. Parole is conditional early release from prison and is granted by the parole board, which is
responsible for deciding which prisoners are released early. Parole hearings do not have to
provide the same constitutional rights to inmates that they receive at criminal trials. The origins
of parole are found in Maconochie’s mark system and the Crofton’s Irish system. Inmates who
receive parole must abide by certain conditions and comply with laws and terms of treatment.
Parole can be revoked, but the parolee is entitled to notice and a revocation hearing.
Probation and parole officers perform presentence investigation reports and supervise offenders
on conditional release in the community. Probation and parole officers act as case workers and
law enforcement officers in supervising their clients.
Media to Explore
Go to www.cor.state.ky.us to view the Commonwealth of Kentucky Offender Online Lookup.
Visit the Federal Bureau of Investigations national sex offender registry portal at
www.fbi.gov/hq/cid/cac/registry.htm to select a state to view the sex offender registry for that
state.
Go to www.appa-net.org to view the Web site of the American Probation and Parole
Association.
Go to www.ojp.usdoj.gov/bjs/pandp.htm to view the Web site of the Bureau of Justice
Statistics to see statistics regarding probation and parole data. This Web site is useful for
obtaining current and historical data for papers.