The concept of probation History of probation Probation is a sentence that entails the conditional release of a convicted offender into the community under the supervision of the court The roots of community sentencing lead back to English common law during the middle ages Judicial reprieve Allowed judges to suspend punishment so that convicted offenders could seek a pardon gather new evidence or demonstrate they had reformed their behavior John Augustus of Boston is credited with originating the modern probation concept Recognizance the medieval practice of allowing convicted offenders to go unpunished if they agreed to refrain from any further criminal activities About 4 million people are on probation 2 million annually placed on probation Community treatment maintains convicted offenders in the community rather than secure facility by probation parole and residential programs Conditions of probation Probation rules conditions or restrictions mandated by the courts that must be obeyed by probationer Breaking of these rules results in probation being revoked Revocation an administrative act by a parole authority that removes a person from parole or a judicial order by a court that removes a person from parole Probation conditions in the internet age Probation may be awarded by the federal district courts and the state superior felony courts Probation is not restricted to petty crime and first time offenses Suspended sentence a prison term is delayed while the defendant undergoes a period of community treatment If successful prison sentence is terminated Administration of probation services The U S has about 2 000 probation agencies for adults Intake the process at which the PO settles cases at the initial appearance before the onset of formal criminal proceedings Duties of probation officers PO s have five primary task investigation intake diagnosis treatment supervision and risk classification Investigation accumulates important info about the probationer s background and activities o Presentence investigation an investigation performed by a probation officer attached to a trial court after the conviction of a defendant Intake looks to settle the case without the necessity of a court hearing o Works with all parties involved offender victim police and so on Diagnosis analyzes probationers character attitude and behavior o Many have social or personal problems that would explain their anti social behavior o Ex Stance abuse Treatment supervision a program of theory designed to help the client deal with the problems that resulted in their behavior Ex A client with a drinking problem would go to a detoxification program Risk classification assessment of the risk they pose to the community or themselves o Assigns them to a level and type of supervision on the basis of their particular needs and the risk they present Legal rights of probationers Courts ruled that probationers have a unique status and are entitled to fewer constitutional protections o Minnesota v murphy 1984 courts ruled that a PO client relationship is not confidential the way a attorney client or physician patient relationship is o Griffin v Wisconsin 1987 courts rules a probationers home may be searched without a warrant in the grounds of the department have in mind the welfare of the probationer and must respond quickly to evidence of misconduct o United States v Knights 2001 courts ruled that the home of a probationer may be searched warrantless for the purpose of gathering criminal evidence if a the search is based on reasonable suspicion that he committed another crime or b the condition of his probation was that he would summit to warrantless search Revocation rights When revocation is chosen the probationer is notified and a hearing is set The defendant is then given certain procedural due process rights o Mempa v Rhay 1967 court held probationer was constitutionally entitled to counsel in revocation or probation proceeding o Morrissey v Brewer 1972 courts required informal inquiry to determine whether there was probable cause to believe arrested parolee had violated conditions of parole As well as minimum due process requirements with a formal revocation hearing o Gagnon v Scarpelli 1973 courts ruled the both probationer and parolee have constitutional rights to counsel in revocation proceeding The defendant must be given counsel if it is required for an effective defense o Beardon v Georgia 1983 courts ruled a judge can not revoke probation for failure to pay a fine and make a restitution Beardon was a defendant who who unable to pay his restitution because he lost his job o United States v Granderson 1994 courts helped clarify what would happen if the probationer whose community service got revoked Granderson was eligible for a 6 months prison sentence but instead received a 60 month probation period Probation success and failure 65 successfully complete probation 30 are either incarcerated violate rules or are considered unsatisfactory Stability helps successful completion Those who are married with children have lived in the same are for 2 years or more and are employed People with a history of substance abuse do not do well whereas sexual offenders seem to do well on probation 75 of probationers have had prior convictions 20 suffer from mental illness Future of probation At least 25 states currently impose some form of fee on probationers to defray the cost of the community corrections Day fees based on the probationers income a program requiring probationers to pay in part for the cost of their treatment Hot spot probation involves police parole agents neighbors and social service professionals to form a community supervision team Some experts suggest probation caseloads be organized by area rather than client needs Specialized probation is when a team of PO s focus on one specific type of crime such as drug offenses and develop specific treatment and control skills Privatization private probation services that for a fee preform many typical probation activities including supervision bond supervision house arrest on spot urinalysis testing breathalyzer and more Swift and secure punishment the threat of swift and secure punishment is somewhat less than a full revocation designed to help reduce rule violations The group of punishments that fall between probation and prison Community based sanctions include house arrest and intensive supervision to serve as an alternative to incarceration Advantages
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