According to Schmalleger, “probation is a sentence of imprisonment that is suspended” (p. 385). This is granted on a conditional basis by the judicial officer, and is contingent on meeting and maintaining certain requirements (Schmalleger, 2014). Certain misdemeanors that are nonviolent should be the only crimes utilized for probation. Some examples of acceptable misdemeanors would be disorderly conduct, receipt for stolen property, unlicensed driver, public drunkenness, illegal gambling, reckless driving, and exhibition of speed (‘California misdemeanor’, n.d.). Not all misdemeanors are acceptable this may vary. If I were a probation officer the types of conditions I would set for those I supervise would typically be mandated by jurisdiction.
The department has more of a divisional structure. For example, Marion County has two main divisions within the department known as the Adult and Juvenile Divisions. Within those divisions there are many sub units that handle different specialized caseloads such as the Field Team unit, Mental Health, Sex Offender, Pre-Sentence Investigation Writers, Intake (Youth and Adults), Court Team, and Regular Caseload Officers. These different units have supervisors that manage each personnel. Each of these units may receive cases from any of all 24 criminal court divisions. This sometimes leads to personnel having high numbers on their caseloads. As a Probation Officer in the Regular Caseload unit, I supervise over 130 probationers. These high numbers play a huge role in employee burn-outs and turnovers. Different Judges in the each courtroom require different conditions from the offender and each Probation Officer is required to maintain enforcing those
Probation is when convicted offenders are released by the court to serve a sentence under court-imposed conditions for a specified period. The goal is to save money and keep people from being incarcerated. The types of services or
Finally, the Department of Juvenile Justice is gunned in a formal organizational structure because it utilizes specific rules and regulations. These rules and regulations are DJJ’s policies on what to follow. For example, the Department keeps a Probation and Community Intervention Handbook at every desk. This handbook outlines the rules, responsibilities, and regulations that each Officer must follow for Juvenile Probation. Every Probation Officer has certain daily operational guidelines on what needs to be done. Both on duty and off duty, it is up to all of the staff of the Department to work under the handbook’s specific regulations.
The idea of probation began with John Augustus requesting the Boston Police Court for permission to “sponsor” an individual rather than going through with what would have been mandatory confinement. Massachusetts was the first state to pass legislation in 1891 which authorized state probation officers. Their job was to “first investigate the circumstances of each person brought before the court so that the judge might know what a man is as well as what he has done, and second to take the care of convicted persons who do not need imprisonment, but who should not be discharged” (Klingele, 2013). By 1910 34 states had probation laws followed by the federal government in 1925. The way probation terms have been carried out and the practices used
Probation: A suspended prison sentence on the condition the offender follows certain prescribed rules and not commit further crimes.
On Thursday, Aug. 31, I observed two GPM probation officers as they participated in revocation proceedings in court. These proceedings are generally initiated by a probation officer when a probationer is not in compliance with the conditions of probation as ordered by the court. On this day, approximately 22 probationers appeared before the judge to explain why they were in non-compliance. Most of the violations involved: failure to report to their probation officer, failure to pay fines or perform community service work, failure to test for drugs/alcohol or testing positive for drugs/alcohol. On the latter violation, I noticed that everybody had reasons for testing positive which, interestingly, had nothing
As through research one can say that a considerable amount of individuals who were sentenced for crime did not serve prison terms. Probation gives criminals a suspended or a waive through prison sentence and instead they are sent to the probation department for controlled activities in the community. Examples could include; education, work, restitution, therapy. The probation officer will have prepared a presentence investigation or presentence report. The PSI and the PSR gives a brief description of the individual’s criminal and noncriminal profile. These reports basically decide whether probation should be given or not. If probation is recommended a course of activities and restrictions for the probationer would be specified. The circumstances may be rigorous, for example; house arrest, electronic surveillance, curfews, no meetings with former friends. On the other hand, they could also be less stringent, for instance; attending school or a treatment program, not drinking spirits, and making monthly visits to the probation officer. Probation can last for the length of the suspended sentence or in cases involving young offenders, probation terms may range from a few months to two years. (Voigt, 1994 pg
Probation can be handed down as a sentence in lieu of jail time or in combination with some jail time. Probation is usually always handed down at the time of sentencing by a judge in court.
Specific terms of probation vary widely from jurisdiction to jurisdiction, and from case to case. Typically, a juvenile must obey both the general terms of probation and any additional requirements tailored to the particular case. The court usually expects that parents or a guardian will help the juvenile fulfill the conditions of the probation order. These conditions can include community service, attendance at a certain school, counseling, curfews, and orders that the juvenile not associate with certain individuals (as in cases involving suspected gang members). As part of probation, some juveniles must attend special day treatment programs that provide additional monitoring and educational services -- including anger management classes, social skills building, and substance abuse education.
Probation it a sentence handed down by a judge that gives an offender freedom based on terms that are set by a judge (Schmalleger). These set roles the offender may face are things such as random drug testing and some form of rehabilitation. This gives offenders a second chance to rehabilitate them self and fallow the law.
Restrictions placed on a probationer are to ensure the probation serves their period of rehabilitation and meets necessary goals. Id. at 875. The process to meet these goals requires the probationer be appropriate supervised to make sure restrictions are followed. Id. This is why conditions providing for random home visits or warrantless searches are common. Id. Research suggests more intensive supervision can reduce recidivism. Id.
Nearly six decades later, six states had passed laws regarding probation. By 1910, “thirty-two more states had passed legislation establishing juvenile probation” (Probation Historical Roots, 2013). Twenty years later, forty-nine out of fifty states had a juvenile probation law (Probation Historical Roots, 2013). Today, as defined by the Bureau of Justice Statistics, “probation refers to adult offenders whom courts place on supervision in the community through a probation agency, generally in lieu of incarceration” (Community Corrections (Probation and Parole),
A crucial part of the criminal justice system includes probation. Probation is the release of a criminal offender from detention or incarceration. At this time, the offender is subject to a period of good behavior under supervision. Probation is also referred to a kind of punishment that is giving as part of sentencing. Instead of giving an offender a longer sentence, a judge will order the defendant to report to their assigned probation officer on a regular basis, where the offender will receive a schedule instructing him or her of their probation requirements. If the defendant does not obey a probation order, the defendant will automatically return to jail or to court, only to be given a longer sentence by the judge. A person on probation is not allowed to leave the judicial district without permission of the probation officer or court (Seiter, 2011). The probationer shall report to the probation officer as directed and shall submit truthful and complete reports (Seiter, 2011). A person on probation must also follow all directions instructed by his or her probation officer truthfully. When on probation, an offender must obtain employment and needs to notify his or her probation officer of all changes of address within a three-day limit. The probationer shall also refrain from the excessive use of alcohol
Dealing with certain individuals on probation requires a process that only allows that individuals to be sentences only to community service. The issues is, when deciding whether or not the individual who’s on state or federal probation is allowed to participate within the program. There were several individuals who need permission from the probation officer in order to be place or receive anytime of mandate. Newark Community Solution have in place, a probation officer in the court that works with them, but for those who are already on probation with other agencies, it poses a problem. The staff can only deal with what in their jurisdiction. They understand that by law they must inform the individual’s probation officer in order to mandate
According to the Bureau of Justice Statistics, “probationers are offenders under adult supervision who are placed on supervision in the community by the court, generally as an alternative to incarceration”. Conditions of probation vary greatly among jurisdictions. Some offenders who receive probation may have a split-sentence imposed. This means they are incarcerated for a period of time and then are released on probation. Once on probation, an offender receives an order they will be on either active status or other orders may be deemed an offender as on inactive status. For those who do have to report, they may be given the option to report in electronically or by calling their probation officer regularly. Some are allowed to check in