Chapter 4

Probation

Probation

• Goals and ideologies

• Setting and enforcing conditions

• Revoking liberty

• Legal basis and imposing the sentence

• Agency organization

• Officer duties and caseload management

Probation

1) A sentence to community supervision

2) An organization that supervises persons with such sentences

3) The process by which offenders are supervised while free in the community

Goals of Probation

• Cut costs and prison/jail crowding

• Encourage links to law-abiding community– Family– Employment

• Avoid criminogenic influences of prison

• Allow use of community programs

• Structure and monitor offender’s life

Ideologies of Probation

1. Humane response to minor and accidental offenders

• Gives people a “second chance”• Maximizes effectiveness of rehabilitation

Versus

2. Facilitate restitution and cut system costs• Punish with control, financial penalties• Assure control when plea bargains are needed

ProbationThe Most Common Sentence

Offenses of Probationers

Probationers

• More often white or female than jail, prison inmates, or parolees

• Misdemeanor offenders make up more about half of all probationers, have very high success rates (75%)

CRIMES:• 31% Public order 29% Property • 21% Drugs 17% Violent

Plea Bargains and Probation

• Can lead to inappropriate selection

• Used when: 1. State’s case is weak – acquittal feared

• Lower standard of proof for revocation

2. Victim wants to avoid trial

3. Restitution is main goal

Imposing the Sentence

• Directly imposed by the court as a sentence

• Deferred adjudication, or suspension of a judgment of guilt– Allows defendant to avoid conviction

• Suspended imposition– Defendant is found guilty and put on probation

without being formally sentenced

Split Sentence

• Also known as shock probation

• Brief period of imprisonment followed by probation supervision

• 11% of adult probation sentences

• Often utilize bootcamps

Terms of Probation

• Contract between court and offender• Standard conditions:

– applied to all persons sentenced in a court– report to parole officer– live in court’s jurisdiction– report changes in residence, employment

• Obey all laws, avoid other offenders• Pay fees, fines restitution

Special Conditions forSpecific Offenders

• Submit to urinalysis

• Surrender driver’s license

• Obey curfew

• Avoid victim

Violations of Probation

• New crimes• Technical violations • Breaches of conditions• Most technical violations minor• Absconding – leaving the jurisdiction or

moving within it without notifying the court• Property and drug offenders most likely to

violate terms of probation

Limited Due Processin Revocation

• Morrissey v. Brewer (1972) (parole) • Gagnon v Scarpelli 1973 (probation)• Hearings by an impartial hearing body or judge

– a (re)sentencing hearing is also desirable

• Written notice of hearing and charges • Written description of offense and evidence • Right to confront accusers cannot be denied

without cause• Reasons for revoking liberty specified in writing

Revocation of Probation

• Civil standard of proof– Preponderance of evidence

• Two hearings, usually in sentencing court1. Preliminary hearing assures sufficient

grounds for further prosecution2. Determination of guilt and sentencing

• Stricter terms of probation, jail or prison time may be imposed

Elements of theProbation Process

• Investigations– Pre-sentence investigations – advise

sentencing decision– Allegations/suspicions of misconduct

• Selection of appropriate clients– Public safety, likelihood of success

• Supervision of clients • Treatment coordination

– Understand reasons for crime and establish proper sequence of interventions

Supervision Methods

• Office Visits– Collect fees, do paperwork, confront client

• Field Visits: home, job or therapist’s office– Collateral contacts: persons with knowledge

of, contact with, client

• Obtain insights into lifestyle

The Probation Agency

Two basic models1) State control – executive branch

– Officers must accommodate local judges and agency supervisors

– Most common in U.S.

2) Judicial control at local level– Great variations in resources, officer training,

salaries, and so on

The Probation Officer

• Bachelor’s degree usually required

• Knowledge of law, government, offender behavior

• Civil service exam and interview

• Background check and urinalysis

• Academy training in job role

• In-service training and periodic evaluation

Case Planning

• Created and regularly updated foreach client

• Goals of monitoring activities– Supervision rationale

• Responsibilities of the offender– Assures accountability

• Role of other agencies in handling the case– Treatment coordination

Caseloads

• Average is 90, range is 30 to 400 per officer• Number of clients varies with level of

supervision• Risk Assessment used to set level

– Periodic re-evaluation to assure appropriateness

• “Special needs offenders” get more intensive supervision– Sex offenders, mentally ill, dangerous

Types of Caseloads

Level of Supervision

Number of Monthly Contacts

Estimated Percent of Probationers

Intensive 9 10%

Maximum 3 32%

Medium 1 37%

Minimum 1 per 3 months 12%

Administrative None 9%