Probation and Parole: Causes and Factors

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Table of Contents

Introduction
Probation and parole in New York State
Role of the parole and probation officers
Conclusion
Reference List

Introduction

Different countries and states respond to different crimes according to their own laws. Due to globalization, and advancement from the dark ages, various ways of dealing with crime have been developed, implemented and modified with changes in crime. One that can be noted is the Death penalty which has brought a lot of controversies, currently only a few countries still practice it amidst protest from religious groups over the right to life.

Convicts seen to be of less danger to the community are in some states given probation or parole so as to help them in their rehabilitation and integration process in the community. This has been practiced over time and has proved effective in most cases, especially with the juvenile delinquents. This paper will attempt to the discuss probation and parole, causes, factors that may be considered by the parole board in issuing probation or parole, and the roles of the probation officers after the offenders have been released.

Probation refers to the process of release of a convicted criminal to the community by the Supreme Court, or the judge of the criminal term under some conditions aimed at helping the criminal stop more offences. In some occasions the probationers may serve both jail term and probation depending on the kind of offence committed. These probations include boundaries that make the freed offender much more restricted that the normal citizens in the same community.

Regular contact with the probation officials is also included in the regulations which will enforce the probationer to be actively doing something during his time on probation. These may include, searching for jobs if he was unemployed and attending classes for students. Violation of these regulations may increase the term of probation or even send the convict to jail. Parole refers to the process of release of a convicted offender and given opportunity to serve the remaining sentence in the community.

This process is aimed at helping in his/her rehabilitation. These are given when the convicts have shown the ability to follow the regulations and norms in the society by first following all the regulations in the prison. Most of the offenders served with this sentence tend to have served much of their time in jail. In essence the offender completes part of his sentence in the community and this is decided by the parole board. The judgment is always liberated after a successful completion of parole period (Petersilia, 1997, pp. 2-8).

Probation and parole in New York State

Probation and parole is always given to those offenders thought not to be dangerous to the community. In New York State there are programs that guide probation and parole. These guidelines define who goes for probation or parole, and for how many hours. Most of the offenders given many hours in probation and parole are sex offenders or felony offenders, according to the New York State statutes , the offenders of felony get up to 500 hours and this is meant for the class E offenders, while class D felony offenders get 400 hours.

Other offenders that get probation are the class A misdemeanor offenders who take up to 200 hours on probation. Class B misdemeanor offenders are to get 100 hors while those who get the least are the ones who commit violations during their times on probation or parole (New York State Division of Parole, 2010, par. 1-4).

According to the state of New York statutes, most first time offenders are given probation if they are passive that is non-violent. These are always given to help the offender in his rehabilitation to a better lifestyle. Other offenders determined for probation are child molesters, who are given restriction not to move in areas children play. Those who commit crimes under the influence of drugs do find themselves on probation and must attend treatment for drug and alcohol.

Reckless drivers also serve probations in the United States with instructions to attend more classes in driving so as not to commit the offence again. Violators of probation regulations also find themselves on more time of probation and harsher rules. Another class of offender that may serve probation is the domestic violence offenders, who may have to undergo hunger management programs to help them be safer to work with. Probation is generally served to the less violent offenders and is incorporated in the society as better mitigation measures (Spodek , 2010, par. 1-4).

Parole in the state of New York City is given by the parole board and is provided as a corrective measure for those who have undergone incarceration term in the state prison. Those offenders who serve indeterminate ruling find themselves on parole but only on the decision of the parole board. These are convicts whose periods of serving a sentence are indefinite depending on their behavior which may be reduced in case it is positive.

After serving 6/7 of their normal terms it is a norm that prisoners be given a parole mostly for those one who are serving determinate sentences. Under these conditions, the prisoner is supervised and the parole is aimed at helping him/her integrate well in the society. This monitoring is mostly done by the parole officers and is considered a privilege; this means it can as well be avoided and the prisoner can serve the whole term in jail (Spodek , 2010, par. 1-4).

The decision to release a prisoner on parole is always done by the parole board. This decision depends on the prisoner’s ability to integrate well into the society and if it will be an enhancement to the prisoner’s rehabilitation. The decisions also depend on the nature and how serious the prisoner’s crime was, the progress that has been made by the offender since the start of the sentence. The views of the prisoner may also be taken into consideration in deciding whether he should be put on parole.

Another factor that decides parole in the State of New York City is whether the prisoner has a place to serve parole in then community. The parole board also takes the crowding of the prison into consideration when deciding on parole of the prisoners (New York State Division of Probation and Correctional Alternatives, 2009, par.1-4).

It is important to note that parole or probation can be revoked which will mean the offender goes back to jail. This is done if the offender violates one or more regulations of parole or probation.Committing crime during parole or probation may lead to its revocation (enotes, Inc. 2010, pp. 1). However, just as a suspect is given opportunity to defend himself/herself, the prisoner on parole or probation is also given the chance to explain his/her actions.

Parole boards are always independent and collaborative with the criminal justice in ensuring protection of the public safety by ensuring that only prisoners that are safe to the community are released on parole. Parole boards consist of graduates of the relevant fields like law, parole and probation among others. New York State has 19 parole board members which contains the Chairperson and CEO, and eighteen other members, who are mostly forwarded by the governor but have to go through vetting and be confirmed by the senate. They serve for 6 years and their main function is to decide on the prisoner to be put on parole (New York State Division of Parole, 2010, par. 1-4).

Role of the parole and probation officers

Parole and probation officers have several roles to play when the prisoner has been released. These responsibilities include: supervising of the offenders and this they ensure by seeing that the offender reports to them as is designated by the parole board. They also have the mandate to give report on the progress of the offender in rehabilitation to the court; they also have the responsibility of helping the offenders with their integration into the community. They offer education to the offenders on how to survive in their new environment. Other roles include, offering counseling services, monitoring if they have abstained from drugs and alcohol, and ensuring they find medical health care (Wallace, 2010, par. 1-7).

Conclusion

Probation and parole are very significant in helping the prisoners integrate into the society and the rehabilitation process of the former offenders. The regulations contained for those put on probation and parole are mostly similar in New York City. The parole and probation rules and regulations may differ from state to state and from country to country depending on the statutes of the various states. An example is New York State where violent felony offenders are never given probation and the repeat offenders of felony who are forced to undergo a compulsory 6/7 of their term before they are put on parole. The probation and parole officers play an important role in the rehabilitation of the offenders.

Reference List

Enotes, Inc. (2010). Probation and Parole: Encyclopedia of Everyday Law. Web.

New York State Division of Parole. (2010). Board of Parole. Web.

New York State Division of Probation and Correctional Alternatives (DPCA). (2009). Probation Commission. Web.

Petersilia, J. (1997). Probation in the United States: Practices and Challenges. National Institute of Justice Journal , 69, 22-28. Print.

Spodek, A. T. (2010).The diference between Probation and Parole in New York State Criminal Cases. New York City Criminal Defense Blog. Web.

Wallace, L. K. (2010). Roles and Responsibilities of a probation officer. eHow, Inc. Web.

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