CRIM 101 Chapter Ten

Definition of probation

A criminal sentence that suspends or delays a correctional term in a prison so that, instead of being incarcerated, offenders are returned to the community for a period of time in which they must:

  1.  Abide by conditions set forth by the court

  2.  Be supervised by a probation officer.

Probation (a type of sentence) is when a person is allowed to stay in the community instead of going to jail or prison, but they must follow rules and be supervised.

Example:

Someone steals from a store for the first time. Instead of going to jail, the judge gives them probation for 1 year.

Philosophy of Probation

“Help instead of just punish.”

The philosophy of probation is that the average offender is not actually a dangerous criminal or a menace (harm) to society.

• Focuses on rehabilitation and helping offenders become productive citizens.

Example:

A person with a drug problem may be required to attend counseling and stay employed.

Which state was the first to authorize a paid Probation Officer?

In 1878, Massachusetts was the first state to authorize the appointment of paid probation officers.  

Revocation of probation

If the conditions of probation are violated, the probation may be revoked (taken away). The probation contract is terminated, and the original sentence is imposed. 

• If probation rules are broken, probation can be canceled and jail/prison may follow.

Break the rules = Lose probation

Example:

A person on probation fails drug tests multiple times → probation revoked → jail sentence.

Probation for Misdemeanors VS. Felonies

Misdemeanors: 

Probation usually extend for the entire period of the would-be prison sentence

• → shorter and less strict

Example:

Shoplifting → 6 months probation.

Felony: 

Probation periods that are actually shorter than the suspended prison sentence.

• longer and stricter supervision

Burglary → 5 years probation with strict monitoring.

Pre-sentence Investigation

-  Investigation performed by the probation officer and sent to the trial court after the defendant is convicted.

-  Conducted primarily to gain information for judicial sentences.

-  The probation officer has a very important say in the planning of a probationer's treatment program.

• A report about the offender’s background used to help judges decide sentencing.

Includes:

• Criminal history

• Family background

• Employment

• Drug/alcohol issues

Example:

If someone has no criminal history and has a stable job, the judge may choose probation instead of prison.

How successful is probation?

-  Approximately 60% of probationers successfully complete their probationary sentence. 

Why?

Because many offenders:

• Want to avoid jail

• Follow rules

• Stay employed

Most revocations occur for breaking probation rules (technical reasons) during the first three months

Generally, who fails and who succeeds on probation?

– Who fails —

•Mentally ill probationers

•Probationers with a long history of social instability

•Probationers with extensive criminal histories or prior incarcerations

– Who succeeds —

•Married probationers with children

•Adequately employed probationers

•Educated probationers

An educated, married female with children and a job is most likely to succeed on probation.

Intermediate sanctions

Punishments stronger than probation but less severe than prison.

Adding additional sanctions to traditional probation sentences.

• Punishments between probation and prison (boot camps, house arrest, community service).

Examples:

• House arrest

• Community service

• Boot camps

• Electronic monitoring

“Middle punishments”

The Two forms of Restitution

• Condition of probation in which the offender repays society or the victim for the trouble and expense the offender caused.

Restitution takes TWO forms:

  1.  Monetary -  Offender compensates crime victim

Financial Restitution - Paying money to the victim.

Example: Paying for a broken window after vandalism.

  2.  Community Service - Requires offender to work in the community in lieu of detention.

Example: Cleaning public parks after damaging public property.

• Financial payment to victims

• Services/work for victims or community

Intensive Probation Supervision (IPS)

Intermediate sanction involving small probation caseloads and strict monitoring on a daily or weekly basis.

• Very strict probation with close monitoring and many check-ins.

Includes:

• Frequent check-ins

• Curfews

• Drug testing

Example:

A repeat offender must report to the probation officer several times a week.

Electronic Monitoring

  -  Requiring convicted offenders to wear a monitoring device as part of their probation.

-  Electronic monitoring systems have the ability to limit offender's movements to appropriate areas.

• Tracking offenders with electronic devices like ankle bracelets.

The court initially sets down the conditions of probation

The court creates rules the offender must follow.

Common Rules:

• Meet with probation officer

• Stay out of trouble

• Keep a job or attend school

• No drugs/alcohol

• Community service

Example:

If someone was arrested for drunk driving, they may be ordered not to drink alcohol and attend treatment classes.