Probation and Parole: Corrections in the Community Thirteenth Edition Chapter 3 History and Administration of Probation

Learning Objectives (1 of 3) 2.1 Realize why probation is the most common sentence in the United States. 2.2 Distinguish between the three basic services a probation agency provides to the courts. 2.3 Know the role of John Augustus in the development of probation. 2.4 Understand the practice of placing restrictions on who could be granted probation. 2.5 Know how the juvenile court movement accelerated the spread of probation. Slide 2 is list of textbook LO numbers and statements

Learning Objectives (2 of 3) 2.6 Recognize that most states combine probation and parole in a statewide agency. 2.7 Know that probation may be administered on a municipal, county, or state level. 2.8 Realize that the judicial or executive branch, on a county or statewide basis, may administer probation. 2.9 Understand how the granting of probation is limited. 2.10 Know the nonlegal variables that influence granting probation. Slide 2 is list of textbook LO numbers and statements

Learning Objectives (2 of 3) 2.11 Know how plea bargaining may determine a grant of probation. 2.12 Know the cost saving aspect of probation. 2.13 Know how a probation subsidy encourages grants of probation. 2.14 Distinguish the two categories of probation conditions. 2.15 Understand the issue of probation fees and restitution. Slide 2 is list of textbook LO numbers and statements

Early Probation and John Augustus Modern probation evolved out of judicial reprieve English courts issued temporary suspension of sentence to allow the defendant to appeal to the Crown for a pardon American judges began permanently suspending sentences as they saw fit This practice came under review in 1916 by the U.S. Supreme Court John Augustus pioneered modern-day probation America’s first PO’s were volunteers

Early Probation Statutes 1878 Boston enacted the first probation statute Mayor of Boston hired a PO to work under the police department PO’s investigated cases and recommended probation for certain offenders with specific conditions PO’s were eventually moved to act as an arm of the court Other states soon followed suit

Probation at the Turn of the Century The juvenile court movement in 1899 helped spread the use of probation Use of paid juvenile POs spread rapidly across the states between 1899 and 1925 1929 the first paid U.S. federal probation officer was appointed under the Department of Justice By 1956 probation was available for adults in every state Training for POs was limited or nonexistent, salaries were low, and appointments were often based on political patronage

Administration of Probation (1 of 5) Probation in the U.S. is administered by more than 2,000 separate agencies Supervises over 4 million adult offenders on probation for felonies and misdemeanors Three-fourths of the states have the adult probation system located in the executive branch Half of the juvenile probation services are administered on the local level Provided by a separate juvenile agency or family division

Administration of Probation (2 of 5) Six categories of probation systems: Juvenile Municipal County State State combined Federal Most states combine probation and parole into one statewide agency

Administration of Probation (3of 5) Advantages of placing probation services in the judicial branch: Probation is more responsive to the courts Relationship of probation staff to the courts creates an automatic feedback Courts will have greater awareness of the resources needed by the probation agency Judges will have greater confidence in an agency for which they are responsible If probation is administered on a statewide basis, probation services might be assigned a lower priority, than if they were a part of the judicial branch

Administration of Probation (4 of 5) Disadvantages of placing probation services in the judicial branch: Judges are not equipped to administer probation services Under judicial control, probation may receive a lower priority Probation staff may be assigned activities unrelated to probation Courts are adjudicatory and regulatory; not serviced- oriented bodies

Administration of Probation (5 of 5) Recommendation for placing probation in the executive branch include: All other human services agencies are in the executive branch All other corrections subsystems are located in the executive branch Program budgeting can be better coordinated A coordinated continuum of services to offenders and better use of probation personnel are facilitated

Granting Probation (1 of 2) Granting of probation can be limited by the seriousness of the offense and/or prior convictions The sentencing recommendation comes from the PO to the judge Judges may also seek advice from the police and prosecutor Judges differ in their granting of probation Social, political, geographic areas, overcrowding of jails and prisons, and plea bargaining all impact this decision

Granting Probation (2 of 2) Other factors influencing the granting of probation: Age and rehabilitation potential of the defendant Defendant’s criminal record Defendant’s relationship with family Drug abuse or sex offenses Attitude of the community toward the offense and offender Attitude of the offender/remorse Quality of service the probation department provides Cost and possible probation subsidy

Objectives of Probation To provide public protection To prepare the probationer for independent law-abiding living To provide opportunity for full participation in activities in the community To identify, use, and create resources in the community to fulfill probationer needs To provide a system of differential supervision based on the classification and program needs of all probationers To conduct a cost-effective supervision program To provide restitution or reparation to victims of criminal acts

Conditions of Probation (1 of 2) Conditions are similar across the different agencies Typically: Law-abiding life, work Support dependents Inform PO of residence Get permission for major life changes Pay fees, make restitutions, or do community service Refer to Figure 3.1 in the textbook

Conditions of Probation (2 of 2) Standard conditions applicable to all offenders Special conditions tailored to the individual’s needs Offenders are required to sign the conditions of probation If conditions are too restrictive or unrealistic a PO could overlook a violation, and this can make supervision more difficult The American Probation and Parole Association (APPA) has their own suggestions of conditions

Fees Probationers are often required to pay supervision fees to offset costs Can be an exacerbating burden on the offender who is often already financially stressed Probation cannot be revoked due to an inability to pay Other supervision restrictions can be imposed POs may see themselves as helpers and not collectors Some probation agencies are better at collecting fees than others

Restitution Restitution is the act of restoring for some injury May be court-ordered to compensate a victim for the financial losses resulting from his or her crime Offenders often have little in way of resources to compensate victims Restitution may aid in the rehabilitation of the offender Example: Maricopa County in Arizona has a special unit for collecting restitution Restitution may be taken directly from an offender’s pay check

Community Service Community service may be used as an alternative to paying restitution Benefits the public Every state has a different form of community service