1. Chapter 8
Probation

2. Evolution of leniency/ Probation in America
law enforcement role
social work role
modern
Probation
(20th century)
Recognizance
(Massachusetts) 1830
an obligation imposed by judge on an accused to perform a specific act (e.g., keep peace, pay debt, appear), or lose surety
money bail added
Massachusetts 1837
Judicial Reprieve
(England & US)
judge suspends sentence imposition, execution on condition of good behavior for period of time
unconstitutional in US, 1916 (time was indefinite; separation of powers)
Benefit of Clergy
(Eng & US) 1200s
leniency granted to clergy (-> trial in ecclesiastical court; read Psalm 51- ‘neck verse’
used only briefly
in US

3. early probation environment
Judge Peter Thatcher
Boston Police Court
release by “recognizance”
1830
John Augustus
( )
“probation”
1841
“bail”
1837

4. Augustus’ style of probation (1st “probation officer”)
key features (developed by Augustus)
pre-sentence investigation
revocation of probation
supervision conditions
reports to the court
social casework (e.g., jobs, housing)

5. dual perspectives re: probation services
competing perspectives
law enforcement
social work
concern:
public safety
risk
surveillance
close controls
humanitarian
reformation
assistance
service
support
focus:
operation:

6. organization of probation services
centralized
vs.
decentralized
(state vs. city)
combined with parole
vs.
not combined
issues
executive
vs.
judicial control

7. specialization in probation functions
dual role (obligations)
of probation
pre-sentence investigation
post-sentence supervision
prepare (PSI) --(presentence investig. report)
PSI issues:
contents
recommendations
disclosure
private PSIs
establish relationship w/ offender
establish relationship w/ office/supervisor
establish supervision goals to help offender
terminate probation

8. the environment of probation supervision
critical
“mix”
officer
offender
bureaucracy

9. bringing about change: power vs. authority
the ability to force a person to do something he or she does not want to do
vs.
“authority”
the ability to influence a person’s actions in a desired direction without resorting to force

10. three types of “authority” (= parallel to 3 strategies of change)
irrational authority (power-coercive)
based solely on power
rational authority (rational-empirical)
based on officer competence
psychological authority (normative-re-educative)
based on acceptance by client & officer of jointly determined goals, as well as strategies of supervision

11. general supervision “styles”/ strategies for probation
selective intervention strategies
deal with temporary crises
environmental structure strategies
develop daily living skills
promote pro-social activities
casework/control strategies
to overcome serious instability & problems (housing, job, family, drugs)
limit-setting strategies
restrictions to allow close monitoring of conditions & enforcement of supervision requirements

12. “case management systems”
rules, procedures, & protocols which are designed to maximize the effectiveness of probation services being delivered to offenders & the efficiency with which they are delivered

13. 5 components of NICs a “model” system of case management
statistical risk assessment
reduces overprediction & improves accuracy of classification
systematic needs assessments
evaluate probationer according to a list of potential need areas
contact supervision standards
offenders classified into supervision “levels”
each has minimum contact requirements
case planning
officer must put supervision plan in writing
workload accounting
use time studies to accurately measure workload

14. “conditions” of probation
3 types of conditions
treatment
(to deal with problem/need)
drug counseling
education
job training
standard
(imposed on all probationers)
report to office
stay employed
don’t leave town
don’t move
punitive
(to increase pain of probation)
fine
community service
restitution

15. Characteristics of Adults on Probation

16. % adult probationers in special treatment programs

17. techniques for monitoring & controlling substance abuse
antabuse
drug which causes violent nausea (when combined with alcohol)
urinalysis
used to discover whether person is using drugs
methadone
drug which reduces craving for heroin; spares addicts from painful withdrawal symptoms

18. termination of probation
two options
Unsuccessful “revocation”
arrest, conviction for new crime
“technical” violation of rules, conditions of probation
Successful “discharge”
early termination
normal termination (at expiration of term)

19. termination of probation
two options
Unsuccessful “revocation”
arrest, conviction for new crime
“technical” violation of rules, conditions of probation
Successful “discharge”
early termination
normal termination (at expiration of term)