The violations of probation and parole are taken very seriously and the people on probation and parole are placed in trouble or warned whenever their violation is serious. The hearings that come with the violations are all placed before the judge and the outcome is always decided my he or she. There are two types of violations and they both are apart of probation and parole. Warning are given most of the times for those two types of violations because thery tend to be common and something that happens on an everyday basis. Keywords: Technical violation, new offense violation, probable cause hearing, revocation hearing, corroboration, preponderance of the evidence, preliminary hearing P/P violations are being similar in many ways. There are two types of violations which are technical and new offense. Technical violations are the misbehavior by an offender under supervision and most of the time will be considered minor and no arrest will be needed. The probationer will just receive a call or a visit from their probation or parole officer and have a talk about what they did and give them a …show more content…
The violation process begins when a parole officer who becomes aware of a violation. There are three different Correctional facilities that have their own outlook on the parolees' violations. The Alaska Division of Community Corrections states that if the violation is a conditions violation then it doesn't have to be sent to the parole board. The parole officer has the right to notify the parolee of the violation and issue a verbal warning. According to Howard Abadinsky the Alaska parole officer can also issue a written reprimand and hold these charges in abeyance in case there is a future violation, or the officer can enforce more restrictive conditions in this case the parolee must agree and if he or she doesn't agree then a preliminary hearing will be
The biggest risk with probation and parole is purposeful escape, violations, and becoming a more aggressive repeat offender.
Being a prisoner has more restrictions than one may believe. Prisoners are told when they should participate in daily activities and what they are allowed to say or do on a daily basis. This is not a life anyone is determined to experience during any period of time. However, all though for most prison life is just a depiction in a movie or on television, it is a reality for many. Their crimes and behaviors brought them into a world of being stripped of their freedom. Those who oversee the prisoners must control order within the brick walls. An article discussing the duties of a prison officer, defines it as one who “...has responsibility for the security, supervision, training and rehabilitation of people committed to prison by the courts”
Corrections are a necessary tool to protect society from those who do harm to others or to others property. Depending on the type of crime that was committed, and if the crime is considered a state or federal charge, also depends on where the person sentenced will do his time. There are four main sentencing options available; prison, probation, probation and confinement, and prison and community split. When a person is sentenced to do their time in prison most likely they will go to a state or federal prison. If a person is ordered probation, it prevents them from going to jail but they have stipulations on their probation. This is called intermediate sanctions, which are the various new correctional options used as adjuncts to and part of probation. Some intermediate sanctions include restitution, fines, day fines, community service, intensive supervised probation, house arrest, electronic monitoring, and shock incarceration.
The United States Criminal Justice System has several options available when it comes to sentencing. Probation is one that we hear of most when it comes to first time offenders as well as juvenile offenders. John Augustus first developed probation in Boston in 1841. The first probation law was enacted in Massachusetts in 1878. By the 1990’s the juvenile justice system was far more effective as it began taking greater measures. In 2010, probation was used in approximately 53 percent of juvenile delinquency cases. Typically, probation sentences are circumstantial, and are imposed under very specific terms and conditions. These must be followed by the defendant unless he or she would like to return
from arrest through parole, rather than the result of the activities at any single phase. Addressing
than going to jail, and conditions are set by the court (Torbet, 1997). The juvenile probation is
Probation should be utilize for petty crimes, these crimes are not violent or serious crimes.Some example of these are, marital conflicts(no hitting),simple assault,drunk and disorderly conduct,stealing,etc..Probation can be a very effective way for petty crimes since your probation officers has resources they can referral you too, that will actually help offenders if they’re willing to put in the work. Like getting their GED, counseling,WorkForce(they help find a job to those who have been imprison, if you do the 12 week program) which helps them lead productive life legally(Robinson,2013).Most of the petty offenders do not re-offend as reveal by researches, so it effective for petty offenders to be place on probation because it may address some of their needs(Phillips,2014).
The offender must meet with the probation officers in the schedule dates. In case the offenders is not doing what she/he are suppose to do their probation could be revoked which means that most likely they would go back to jail. Probation officers are in charge of different offenders with different criminal offenses. Probation officers have a big caseload. Probation officers main goal is for offenders to rehabilitate and built better lives that doesn't involve criminal activity. A probation officer duty is to main contact with the offender and at least go see him once a month. The probation officer should visit the offender at his house, school, or work. The offenders also have to meet up with the probation officer at the Probation Center. A day in the life of a probation officers varies, they are always risking their life because they meet up with offenders from minor offenses to murder. A probation officer is trying to change the lives of criminals and sometimes it is impossible to help the criminals if they keep choosing
Probation is normal for first time offenders, or for fraud that resulted no loss for the victim. Probation may also be ordered after the perpetrator is discharged from prison or jail;
Correctional Officer’s have been around for a very long time and were designed to keep major offenders off the street after they have been arrested by the Police. The offenders are put in a holding cell at a Pre Trial Centre awaiting their court date.
It also has a main goal of rehabilitating offenders. Instead of being issued at trial as a sentence, it is a supervised release of an individual that has already served a length of prison or jail time. It is granted by the parole board after a minimum jail sentence has been served under the condition of compliance to set terms. Violations of the terms can result in the individual serving the original sentence that was replaced, which is also true for probation. These violations can include failure to pay restitution or fines, associating with other offenders, or being arrested for any reason.
The sentencing process is created by some of the legislative parties, who use their control to decide on the type of criminal punishment. The sentencing guidelines for the judges to go by can be different depending on the jurisdiction and can include different sentencing requirements such as “diversionary programs, fines, probation, intermediate sanctions, confinement in jail, incarceration in a state or federal prison, and the death penalty” (Siegel & Bartollas, 2011, p. 40). In some jurisdictions, the death penalty is not included as one of the punishments. Being sentenced is step one of the correction process and is in place to discourage repeat offenders (Siegel & Bartollas, 2011, p. 40). Depending on the crime committed, the offender can be sentenced to a consecutive sentence or a concurrent sentence.
A ‘technical violation’ is when an offender violates any condition of their parole. The second probation violation is called a ‘new offense violation’, which is when an offender commits a new unrelated crime. 3. The four levels of probation supervision are selective intervention, environmental structure, casework/control, and limit setting.
Such as, impulse control classes, anger management classes, completing community service hours, paying court costs and fines, and not having any new law violations. 2.) Monitoring the Probation Officers in their assigned unit, this means reviewing every file that is going to and from the court. Also, they must make sure cases are being filed correctly and monitoring each Probation Officer’s caseload in the entire unit. 3.)
Probation is defined as “a community punishment that requires the offender to comply with certain court-ordered conditions, such as curfew or attendance at a day reporting center, and may subject him or her to various levels of supervision based on public safety and rehabilitative needs” (Abadinsky, 2017, pp. 389). In a more simple way, probation is a punishment given to a criminal offender that allows them to serve a different punishment than prison time. The rules and specifics that come with probation can change from case to case. It is a system that adjusts to the offenders specific needs. Some common elements implemented into probation is electronic monitoring and drug screening.