Probation History Probation 101

Early Precursors Middle Ages (1200s-1800s) Middle Ages (1200s-1800s) Benefit of the Clergy Benefit of the Clergy Sanctuary Sanctuary Judicial Reprieve Judicial Reprieve Common Theme/Purpose? Common Theme/Purpose?

Early American Experience Benefit of the Clergy? Benefit of the Clergy? Security for Good Behavior Security for Good Behavior In Massachusetts In Massachusetts “Filing” “Filing” “Motion to Quash” “Motion to Quash” Release on Recognizance or “Suspended Sentence” Release on Recognizance or “Suspended Sentence”

John Augustus ( ) Credited as “Father of Probation” Credited as “Father of Probation” Probation = “period of proving or trial” Probation = “period of proving or trial” Began his probation work in 1841 by bailing out a “common drunk” Began his probation work in 1841 by bailing out a “common drunk” Practices Practices Provide bail, sentence postponed Provide bail, sentence postponed Found home, employment…counseled Found home, employment…counseled Brought back to court after period of time Brought back to court after period of time

Emergence of Probation Timeline Timeline MA first to pass probation law (juveniles) in 1878 MA first to pass probation law (juveniles) in 1878 In 1900, only 6 states had a probation law In 1900, only 6 states had a probation law By 1938, 37 states have juvenile and adult probation laws By 1938, 37 states have juvenile and adult probation laws By 1956, all states have adult and juvenile probation laws By 1956, all states have adult and juvenile probation laws

Why in the early 1900s? The Killits Case The Killits Case The Juvenile Court Movement The Juvenile Court Movement The Progressive Era ( ) The Progressive Era ( )

The Fall From Grace Rehabilitation Comes under attack (early 1970s) Rehabilitation Comes under attack (early 1970s) Rx (progressives) tied heavily to probation Rx (progressives) tied heavily to probation Probation comes under attack (1980s) Probation comes under attack (1980s) Charles Murray “Beyond Probation” Charles Murray “Beyond Probation” The 1985 “RAND report” The 1985 “RAND report”

Turning Up the Heat 1982 Georgia starts Intensive Supervision Program 1982 Georgia starts Intensive Supervision Program 1983 Electronic monitoring begins in New Mexico 1983 Electronic monitoring begins in New Mexico 1989 All states have an ISP program 1989 All states have an ISP program 1993 Evaluations of ISP programs suggest “supervision only” ISP programs are ineffective 1993 Evaluations of ISP programs suggest “supervision only” ISP programs are ineffective

Where is probation now? Many departments still “zero tolerance” Many departments still “zero tolerance” Arguments for “reinventing probation” Arguments for “reinventing probation” Community Probation Community Probation Restorative Justice Restorative Justice Cooperation with Police Cooperation with Police Cooperation with judges/Drug Courts Cooperation with judges/Drug Courts

Probation Basics Latest National Stats (end of year, 2006) Latest National Stats (end of year, 2006) 4.2 million on probation 4.2 million on probation ½ from felony convictions ½ from felony convictions About 20% of probationers are housed in TX and CA About 20% of probationers are housed in TX and CA Of those who exited supervision in 2006: Of those who exited supervision in 2006: 6 in 10 completed their full-term sentences or were released early while 6 in 10 completed their full-term sentences or were released early while about 1 in 5 was re-incarcerated. about 1 in 5 was re-incarcerated.

Minnesota Strong Tradition of Community Corrections Strong Tradition of Community Corrections Therefore, mid to high rate for probation/parole in nation Therefore, mid to high rate for probation/parole in nation 3,000/100,000 citizens (3% of MN citizens) 3,000/100,000 citizens (3% of MN citizens) 30% are felons 30% are felons Most felony convictions for drug, assault, forgery/theft Most felony convictions for drug, assault, forgery/theft

Probation Conditions Judges have authority Judges have authority Legislature may set “general” conditions Legislature may set “general” conditions Even here, judges can decline to impose them Even here, judges can decline to impose them HUGE LEVEL OF DISCRETION HUGE LEVEL OF DISCRETION TYPES: Standard, Punitive, Treatment TYPES: Standard, Punitive, Treatment

Conditions of Probation Traditional Model = Rehabilitation Conditions Traditional Model = Rehabilitation Conditions Still some emphasis on this Still some emphasis on this Sex offender treatment Sex offender treatment Drug/alcohol treatment Drug/alcohol treatment Anger management, cognitive skills, etc. Anger management, cognitive skills, etc. Since the 1980s: Punitive Conditions Since the 1980s: Punitive Conditions Prison time/boot camp/”shock probation” Prison time/boot camp/”shock probation” Intensive Supervision Intensive Supervision Electronic Monitoring Electronic Monitoring Fines, Fees and Restitution Fines, Fees and Restitution Community Service Community Service Drug Testing Drug Testing

The Limits of Conditions Conditions must be clear Conditions must be clear Conditions must be reasonable Conditions must be reasonable Conditoins must protect society or rehabilitate offender Conditoins must protect society or rehabilitate offender Conditions must be constitutional Conditions must be constitutional

Effectiveness of Conditions: Be careful what you impose Drug Testing as an Example Drug Testing as an Example Random Drug Testing Random Drug Testing Difficulty for the Offender Difficulty for the Offender Cost to Probation Department Cost to Probation Department Drug testing “games” Drug testing “games” What do you do with Positive tests? What do you do with Positive tests? Revoke? Expensive, “Unwarranted?” Revoke? Expensive, “Unwarranted?” Warn? Puts PO in bad position Warn? Puts PO in bad position

Pre-Sentence Investigation PSI = “Investigative Function” of Probation PSI = “Investigative Function” of Probation Front End Front End Specialized vs. General Specialized vs. General Content of PSI Content of PSI Old/rehab/narrative Old/rehab/narrative New/risk based/guidelines/actuarial risk/needs New/risk based/guidelines/actuarial risk/needs

How do judges use PSI? Careful review for sentencing? Careful review for sentencing? Scan through for certain pieces of information? Scan through for certain pieces of information? Sentencing recommendation Sentencing recommendation Presumptive Guideline sentence Presumptive Guideline sentence

Other PSI issues Legal Issues Legal Issues Defendant have a right to see PSI? Defendant have a right to see PSI? Other Other Hearsay admitted Hearsay admitted Attorney not necessary Attorney not necessary Inaccuracies Inaccuracies Private PSI Private PSI