1. Probation
Chapter Seven

2. Probation
Refers to a conditional release of a defendant

3. Probation (continued)
Probation permits the defendant to remain in his or her community
Probation usually involves:

4. History of Probation
John Augustus of Boston is considered the originator of the concept of probation.

5. Status of Probation
Probation is based on the philosophy that the average defendant is not a violent dangerous criminal.

6. Extent of Probation
Approximately 1,900 probation agencies in the United States.

7. Federal Probation
In 1929, the first paid U.S. Probation Officer was appointed under the U.S. Department of Justice.

8. Federal Probation (continued)
The Division of Probation and Pretrial Services, later renamed the Federal Correctional and Supervision Division, is located in Washington, D.C.

9. Federal Probation (continued)
Federal Probation and Pretrial Services Officers are Federal law enforcement officers with Hazardous Duty Retirement Pay.

10. Conditions of Probation
A probated disposition is an act of clemency on the part of the court.
2 Conditions generally imposed:

11. Probationers’ Rights
The courts have ruled that probationers have fewer constitutional rights than other citizens.

12. Search of Probationers
Courts have traditionally held that defendants on probation may be searched by their probation officers without the need for a warrant or probable cause.

13. Attitude Change
It is frequently assumed that the pains of imprisonment lead to negative attitudes toward prison, staff, and programs, thus prison will have a detrimental impact on offenders.

14. Revocation of Probation
Probation may be revoked by the court if the individual commits either a new crime or violates a technical condition of the probation. For example:

15. Recidivism
Offenders who are released from shock incarceration programs appear to perform just as well as those who serve longer prison terms.

16. Functions of Probation

17. Future of Probation
Many individuals have voiced concerns about the placing of criminals on probation.

18. Probation Offices
Generally there is a probation office for each court.

19. Evolution of Probation Philosophies
From its inception, and until at least the mid-1960’s, probation was guided by a casework-type philosophical ideology.

20. Evolution of Probation Philosophies (continued)
Currently, highly publicized studies question whether probation was a viable sanction for felony offenders.

21. Philosophies That Will Guide Probation in the 21st Century
Although varying in degree and prominence, probation has always been characterized by: