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

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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