Probation and Parole: Theory and Practice CHAPTER Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Probation History and Administration 2

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Early Probation and John Augustus Probation History  Probation comes from the Latin probatio, meaning a period of proving Judicial reprieve  Used by English courts to serve as temporary suspension of sentence while defendant appealed to the crown Developed into suspended sentence

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Early Probation and John Augustus Probation was used in Boston as early as 1830 Many courts were using judicial reprieve to suspend sentences Ex Parte United States (1916) - SC ruled that judges did not have the discretionary authority to suspend a sentence  Applied only to federal courts

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Early Probation and John Augustus SC also ruled  Congress could authorize the temporary or indefinite suspension of sentence John Augustus  Applied the term probation  Was a shoemaker in Boston  Would appear in court and offer to bail defendants

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Early Probation Statutes Early statutes  Boston enacted the first probation statute in 1878  Other municipalities in Massachusetts were given authority to hire probation officers in 1880, but were slow in doing so  Vermont passed legislation in 1898

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Early Probation Statutes Rhode Island passed probation legislation  Excluded those convicted of murder, treason, robbery, arson, rape, and burglary  Law applied to children and adults  Many states copied Rhode Island’s example

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Probation at Turn of the Century Probation movement accelerated in Illinois by passage of Juvenile Court Act of 1899 Authorized the world’s first juvenile court Provided for the hiring of probation officers

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Probation at Turn of the Century Probation legislation continued  New laws passed in many states  First probation officers were volunteers  In 1925 Congress established Federal Probation System  By 1956 probation available for adults in every state

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Administration of Probation Administration  More than 2,000 agencies supervising over 4 million adult offenders  Adult probation is located in the executive branch of government in about 75% of the states

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Administration of Probation More than half of the agencies providing juvenile probation are administered at the local level The administration of probation systems can be separated into six categories, and a state may have more than one system in operation

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Administration of Probation 1.Juvenile  Separate services at county, municipal, or state level 2.Municipal  Administered by the lower courts or the municipality under state laws and guidelines

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Administration of Probation 3.County  Operates its own probation agency under the laws and guidelines of the state 4.State  One agency administers a central probation system throughout the state

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Administration of Probation 5.State combined  One agency handles probation and parole on a statewide basis 6.Federal  Administered nationally as an arm of the courts Most states (about 60%) combine probation and parole into one statewide agency

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Administration of Probation Two basic issues in the administration of probation services: 1.Should probation be part of the judicial or executive branch of government? 2.Should probation be under municipal/county or state jurisdiction?

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Administration of Probation Advantages of probation being in judicial branch: 1.Probation is more responsive to courts 2.The relationship of probation staff to the courts creates an automatic feedback mechanism on the effectiveness of various dispositions 3.Courts will have greater awareness of the resources needed by agency

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Administration of Probation Advantages of probation being in judicial branch: 4.Judges will have greater confidence in an agency for which they are responsible

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Administration of Probation Advantages of probation being in judicial branch: 4.If probation is administered on a statewide basis, it is usually incorporated into a department of corrections. Probation services might be assigned a lower priority than if it was part of the judicial branch.

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Administration of Probation Disadvantages of probation being in judicial branch: 1.Judges are not equipped to administer probation services 2.Under judicial control, services to probationers may have lower priority 3.Probation staff may be assigned to non- probation duties 4.Courts are adjudicatory and regulative; they are not service-oriented bodies

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Administration of Probation Advantages of placement in executive branch: 1.All other human service agencies are within the executive branch 2.All other corrections subsystems are located within the executive branch 3.Program budgeting can be better coordinated

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Administration of Probation Advantages of placement in executive branch: 4.A coordinated continuum of services to offenders and better use of probation personnel are facilitated The trend in adult probation services has been toward moving from the judicial to the executive branch.

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Granting of Probation Granting probation  Most states have statutory restrictions on who may be granted probation in felony cases  Probation is limited by the seriousness of the offense and prior convictions

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Conditions of Probation Conditions of probation and parole in different probation agencies tend to be similar Probation and parole agencies require defendant to sign a standard form acknowledging the conditions of supervision

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Conditions of Probation Standard conditions  Applicable to all offenders  Typically involve restrictions on travel, association with other offenders, drug and alcohol use, employment, and residence Special conditions  Tailored to the individual requirements of a particular offender

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Conditions of Probation American Probation and Parole Association recommends conditions  Include: 1.Cooperating with the program of supervision 2.Meeting family responsibilities 3.Maintaining steady employment

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Conditions of Probation Association recommends conditions  Include: 4.Pursuing educational and vocational training 5.Undergo medical or psychological treatment 6.Maintaining residence 7.Refraining from consorting with certain types of people or frequenting certain places

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Conditions of Probation Association recommends conditions  Include: 8.Making restitution payments 9.Paying fines, restitution, reparation, or family support 10.Requiring the probationer to submit to search and seizure 11.Requiring the probationer to submit to drug testing

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Fees Probation and Parole agencies are authorized to charge each offender a monthly supervision fee These fees vary with each agency Some agencies claim success in fee collection has enabled them to gain a significant level financial self- sufficiency.

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Restitution An act of restoring, a condition of being restored, or the act of making good or giving an equivalent for some injury Payment to the victim of the offense for any property damage or medical expenses resulting from the offense

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Community Service Alternative to financial restitution Offenders perform unpaid work for a civic or nonprofit organization, such as a public library, a soup kitchen, or a conservation program

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Key Terms Absconders Community service Conditions of probation Plea bargaining Probation subsidy Special conditions Standard conditions Restitution