(‘probation’ in ‘criminal law’ is a period of ‘supervision’ over an ‘offender’, ordered by the ‘court’ instead of serving time in ‘prison’)
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In some jurisdictions, the term probation applies only to community sentences (alternatives to incarceration), such as suspended sentences.[1] In others, probation also includes supervision of those conditionally released from prison on parole.[2]
An offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer. During the period of probation, an offender faces the threat of being incarcerated if found breaking the rules set by the court or probation officer.
Offenders are ordinarily required to maintain law-abiding behavior, and may be ordered to refrain from possession of firearms, remain employed or participate in an educational program, abide a curfew, live at a directed place, obey the orders of the probation officer, or not leave the jurisdiction.[3] The probationer might be ordered as well to refrain from contact with the victims (such as a former partner in a domestic violence case), with potential victims of similar crimes (such as minors, if the instant offense involves child sexual abuse), or with known criminals, particularly co-defendants. Additionally, offenders can be subject to refrain from use or possession of alcohol and drugs and may be ordered to submit alcohol/drug tests or participate in alcohol/drug psychological treatment.[4] Offenders on probation might be fitted with an electronic tag (or monitor), which signals their movement to officials. Some courts permit defendants of limited means to perform community service in order to pay off their probation fines.[5]
History[edit]
The concept of probation, from the Latin, probatio, “testing”, has historical roots in the practice of judicial reprieve. In English common law, prior to the advent of democratic rule, the courts could temporarily suspend the execution of a sentence to allow a criminal defendant to appeal to the monarch for a pardon.
United States[edit]
Probation first developed in the United States when John Augustus, a Boston cobbler, persuaded a judge in the Boston Police Court in 1841 to give him custody of a convicted offender, a “drunkard”, for a brief period and then helped the man to appear rehabilitated by the time of sentencing. Even earlier, the practice of suspending a sentence was used as early as 1830 in Boston, Massachusetts, and became widespread in U.S. courts, although there was no statutory provision for such a practice. At first, judges, most notably Peter Oxenbridge Thatcher of Boston, used “release on recognizance” or bail and simply refrained from taking any further action. In 1878, the mayor of Boston hired a former police officer, the ironically named “Captain Savage”, to become what many recognize as the first official probation officer. By the mid-19th century, however, many Federal Courts were using a judicial reprieve to suspend sentence, and this posed a legal question. In 1916, the United States Supreme Court, in the Killets Decision, held that a Federal Judge (Killets) was without power to suspend a sentence indefinitely. This decision led to the passing of the National Probation Act of 1925, thereby, allowing courts to suspend the imposition of incarceration and place an offender on probation. Probation developed from the efforts of a philanthropist, John Augustus, who looked for ways to rehabilitate the behavior of criminals.[6][7]
Massachusetts developed the first statewide probation system in 1878,[8] and by 1920, 21 other states had followed suit. With the passage of the National Probation Act on March 5, 1925, signed by President Calvin Coolidge, the U.S. Federal Probation Service was established. On the state level, pursuant to the Crime Control and Consent Act of 1936, a group of states entered into an agreement wherein they would supervise probationers and parolees who reside in each other’s jurisdictions on each other’s behalf. Known as the Interstate Compact For the Supervision of Parolees and Probationers, this agreement was originally signed by 25 states in 1937. By 1951, all the states in the United States of America had a working probation system and ratified the Interstate Compact Agreement. In 1959, the new states of Alaska and Hawaii, the Commonwealth of Puerto Rico, and the territories of the Virgin Islands, Guam, and American Samoa ratified the act as well.
[edit]
In the United States, most probation agencies have armed officers. In 39 states, territories and federal probation, such arming is either mandated or optional. Arming is allowed in an increasing number of jurisdictions.[9]
Probation officers are peace officers who possess limited police powers.
Types[edit]
Intensive[edit]
Home detention, GPS monitoring and computer management are highly intrusive forms of probation in which the offender is very closely monitored. It is common for violent criminals, higher-ranking gang members, habitual offenders, and sex offenders to be supervised at this level. Some jurisdictions require offenders under such supervision to waive their constitutional rights under the Fourth Amendment regarding search and seizure, and such probationers may be subject to unannounced home or workplace visits, surveillance, and the use of electronic monitoring or satellite tracking. Under terms of this kind of probation, a client may not change their living address and must stay at the address that is known to probation. GPS monitoring and home detention are common in juvenile cases, even if the underlying delinquency is minor.[10] Some types of supervision may entail installing some form of monitoring software or conducting computer searches to ascertain what an offender is doing online. Cybercrime specialist in corrections, Art Bowker, noted “This is an area more and more community corrections officers are going to have to get up to speed on, learning how to enforce conditions that restrict and/or monitor cyber offenders’ computer and internet use.”[11] Bowker, also observed “The use of social media is taking off in the field of community corrections”.[12]
Standard[edit]
Offenders under standard supervision are generally required to report to an officer, most commonly between biweekly and quarterly, and are subject to any other conditions as may have been ordered, such as alcohol/drug treatment, community service, and so on.
Unsupervised[edit]
Some probation does not involve direct supervision by an officer or probation department. The probationer is expected to complete any conditions of the order with no involvement of a probation officer, and perhaps within a period shorter than that of the sentence itself. For example, given one year of unsupervised probation, a probationer might be required to have completed community service and paid court costs or fines within the first six months. For the remaining six months, he or she may be required merely to refrain from unlawful behavior. Probationers are allowed to go to their workplaces, educational institutions, or places of worship. Such probationers may be asked to meet with an officer at the onset or near the end of the probationary period, or not at all. If terms are not completed, an officer may file a petition to revoke probation.
Informal[edit]
Informal probation may occur with deferred adjudication, without the defendant’s having been convicted of a criminal offense, or may occur following a guilty plea pending the completion of terms set forth in a plea agreement. As with other forms of probation, terms may include drug testing or waiver of Fourth Amendment rights for the duration of the term of probation. At the end of the informal period, the case is typically dismissed. This is usually offered as part of a plea bargain or pre-trial diversion.
Shock[edit]
Some programs give a sentencing judge the power to reconsider an original jail sentence. The judge may recall the inmate from jail and put him or her on probation within the community instead. The courts have a theory that a short term in jail may “shock” a criminal into changing their behavior. Shock probation can be used only between a specific period of 30–120 days after the original sentence, and is not available in all states.[13]
Grant[edit]
Community corrections officials are key personnel in helping decide whether a criminal is granted probation. They determine whether the offender is a serious risk to public and recommend to the court what action to take. Correction officials first go through an investigation process during the pretrial period. They assess the offender’s background and history to determine whether he or she can be released safely back into the community. The officers then write a report on the offender. The courts use the report to determine whether the offender shall be put on probation instead of going to jail. After the offender is found guilty, the probation officer puts together a pre-sentence investigation report (PSI). Courts base their sentencing on it. Finally, courts make their decisions as to whether to imprison the convict or to assign him or her probation. If a court decides to grant a person probation, they must then determine how to impose the sentence based on the seriousness of the crime, recidivism, the circumstances of the convict, and the recommendations from the corrections officials.[13]
Violation[edit]
A probation officer may imprison a probationer and petition the court to find that the probationer committed a violation of probation. The court will request that the defendant appear at a show cause hearing at which the prosecutor must demonstrate by a preponderance of the evidence that the defendant committed a probation violation.[14] If the defendant pleads guilty to a probation violation, or is found guilty of a probation violation after the hearing, the officer or prosecutor may request that additional conditions of probation be imposed, that the duration be extended, or that a period of incarceration be ordered, possibly followed by a return to probation.[4] No law specifies when probation violation proceedings must be commenced, although probation violation proceedings are nearly certain to occur following the defendant’s conviction of a subsequent offense or failure to report to the probation officer as ordered.
If a violation is found, the severity of the penalties may depend upon the facts of the original offense, the facts of the violation, and the probationer’s criminal history. For example, if an offender is on probation for a gang-related offense, subsequent “association with known criminals” may be viewed as a more serious violation than if the person were on probation for driving a car with a suspended license; the reverse may be true if the initial offense were for driving under the influence. Similarly, penalties for violation may be greater if a subsequent offense is of greater severity (such as a felony, following a misdemeanor), or if the original offense and subsequent offense are of the same type (such as a battery following an assault, or retail theft following retail theft).
Revocation[edit]
When a probation violation is extremely severe, or after multiple lesser violations, a probation revocation hearing could be scheduled. A judge at the hearing will consider reports from the probation officer, and if probation is revoked, the probationer will often be incarcerated in jail or prison. However, the term of incarceration might be reduced from the original potential sentence for the alleged crime(s). It is possible that an innocent defendant would choose to accept a deferred sentence rather than incur the risk of going to trial. In such a case, a probation revocation can result in conviction of the original criminal charges and a permanent record of conviction.
See also[edit]
Lifetime probation
Parole
Private probation
Probation Journal
Rehabilitation policy
Suspended sentence
References[edit]
^ “Probation and Parole in the United States, 2011” (PDF). Bulletin. U.S. Department of Justice. April 2014. Retrieved 29 August 2017.
^ “Probation”. gov.uk. Government Digital Service. Retrieved 13 June 2013.
^ “Probation FAQ”. FindLaw. Retrieved 2017-08-29.
^ Jump up to: a b Larson, Aaron (1 September 2016). “Sentencing in Criminal Cases – Fines, Probation and Jail”. ExpertLaw. Retrieved 29 August 2017.
^ Bennett, Brock (18 March 2015). “Community Service Helps Pay Probation Fines”. Retrieved 29 August 2017.
^ “Probation”. Credo. Credo Reference. Retrieved 29 August 2017.
^ “History of Probation”. NYC Probation. City of New York. Archived from the original on 30 October 2018. Retrieved 29 August 2017.
^ “Probation and Pretrial Services History”. U.S. Courts. Administrative Office of the U.S. Courts. Retrieved 29 August 2017.
^ “Probation vs. Parole: State by State Comparison” (PDF). Probation Association of New Jersey. Archived from the original (PDF) on 8 February 2017. Retrieved 9 August 2017.
^ “Managing the Risks Posed by Offender Computer Use” (PDF). Perspectives. The American Probation and Parole Association. December 2011.
^ Masters, Greg (2 April 2012). “The global landscape: International cooperation”. SC Media. Haymarket Media, Inc. Retrieved 29 August 2017.
^ Sweeney, Emily (November 28, 2012). “Probation 2.0: How Technology Is Changing Probation Work”. Boston. Boston.com.
^ Jump up to: a b Dressler, Joshua (2002). Encyclopedia of Crime and Justice. Gale Group.
^ Sklar, Ronald B. (June 1964). “Law and Practice in Probation and Parole Revocation Hearings”. The Journal of Criminal Law, Criminology, and Police Science. 55 (2): 175–198. doi:10.2307/1140747. JSTOR 1140747.
External links[edit]
Wikimedia Commons has media related to Probation.
Probation – what it is (Directgov, England and Wales)
Video clip about Desistance and Probation Practice Research by the Scottish Centre for Crime and Justice Research
Community Corrections (Probation and Parole) Bureau of Justice Statistics
en.wikipedia.org /wiki/Probation
Probation – Wikipedia
Arming and increased authority
14-18 minutes
Not to be confused with Probate.
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v
t
e
“testing of abilities”
(oh grow up!)
sentenced to one-year probation in august 2011…
($65 / month –> $780)
stephen santora
(chief probation officer)
ashley losapio
(probation officer)
monthly report
massachusetts state logo in top left corner
initial probation violation hearing mailed to home address within a week
for example, worcester police fruitlessly complained to o’brien in 2008 that associate probation officer ashley losapio, the stepdaughter of a judge, had compromised an investigation by leaking information to criminals.
police say losapio admitted hanging around with “bad guys” and had the telephone numbers of drug and gun suspects programmed into her cellphone. while she told police she never gave the suspects information about criminal matters, she acknowledged that she would tell them whom she saw in court.
The Worcester district attorney’s office said it found no probable cause to prosecute Losapio, but then-Detective Captain Edward J. McGinn Jr. wrote to O’Brien that “she is not a suitable person to serve this community as a probation officer.’’ McGinn said he’s never heard back from O’Brien. Since then, Losapio has been transferred. She continues to work for probation, and her pay has increased by nearly $3,000 a year.
McGinn, now Worcester’s deputy police chief, said his investigators believe Losapio continues to associate with known criminals.
“How on Monday through Friday from 8 to 4 can you sit down and try to guide a probationer, try to straighten their lives out . . . and then go run with them at night?’’ McGinn said in a recent interview.
Losapio did not respond to multiple messages left at her home and office. O’Brien’s office said the matter was “fully investigated, resulting in the appropriate action.’’
| ashley Losapio | Associate Probation Officer, Westborough District Court | $36,018 | $0 |
stepdaughter of Uxbridge District Court Judge Paul Losapio
she leaks information to criminals?
(turned on by bad guys?)
so now she’s being overzealous in her role as a “probation officer”
(she makes peanuts)
call up ashley losapio first thing tomorrow morning
(i disclosed to her on “amended” february 2012 probation report exactly what was advised by jonathan mcdonald, lawyer of joseph gatti)
(the same dude who never got back to me on initial OUI charges)
(and why was a criminal defense lawyer representing an “assault victim”?)
JMcDonald@mcdonaldrogerslaw.com
(908)347-2472
(908)754-3875
i spoke with his assistant “marilyn”:
(908)722-4100
first i consulted with a host of massachusetts probation lawyers by phone:
russell matson
(DWI lawyer)
(781)380-7730
(781)964-4898
david yannetti
(DWI probation lawyer)
(617)338-6006
james v. loewen
(wronko & loewen)
loewen@newjerseylawyer.org
robert lewin
(lewin and lewin)
(781)322-2228
(617)694-8939
march 22 court date 8:30am
(thursday morning)
the judge can throw me in jail without bail until “final surrender” hearing (which could take a month)
(mcdonald warned me that i “may” have to appear before a judge)
(russell matson said i had a 90% chance of “no probable cause” for probation violation)
(which means there is still a pretty significant chance!)
(he advised me NOT to hire him)
(which means he is pretty sure i’ll get off)
(but i mistakenly stated “brookline” as court / he was familiar with fat hispanic female PO who stuck it to one of his clients)
(he also stated that PO could just be “covering her ass”)
passaic IDRC tells me to call maria after 1pm now?
maria is getting the paperwork from trenton
then they will contact me
this is a 2-month cycle!
(by emily’s b-day i’ll be back in jail!)
(i can’t go on the run at this point)
Hi Ashley,
yesterday i sent you an updated february report with
also wanted to inform you that after an altercation with my father, I had a disorderly person charge which has been dismissed.
(january 5th) – don’t mention date unless pressed
(i sent in the january report january 2nd because i had some christmas money and wanted to make sure i could pay the $65 probation fee)
joe gatti
(watchung NJ)
john mcdonald (lawyer)
(908)754-3875
(908)429-7263
(908)347-2472 (cellphone)
Just wanted to let you know I completed a 12-hour drunk driving program in NJ on february 6 +7
(two 6-hour classes in somerville)
I had contacted them all the way back last August and they said they’d let me know when there’d be spots available, which didn’t happen until this February.
(actually was starting a job which was later postponed anyway but they’d notified me of the january spots in early december)
I told Isabella Raymond (the woman who I forwarded the e-mail to you) that I was required to complete 40 hours, but she said she wasn’t aware of any program that would fulfill these requirements.
(then i called back the IDRC hotline and the man who answered told me they also offer this 12-hour program)
2-day stay
($260)
(as mentioned by janet)
or 28 1-hour sessions
(as mentioned by counselor)
(at cost of state)
I sent in a letter from the program director certifying completion and after meeting with a counselor, they said I would need no further treatment.
Is it possible that this could satisfy the requirements for MA? (the program cost $230 + $100 preliminary fee so taking the same program 3-4 more times would be too costly for me at the moment…and also not sure I’d be able to get that many spots since it took them almost 6 months to enroll me in this one).
hi ashley
sorry missed call
in tutoring sessions
i sent an amended february report to you yesterday
letter from IDRC (not sure if copy)
disorderly person offense from late january
had an adverse reaction to sleep medication (ambien)
don’t remember much
father tried restraining me
mother, fearing for safety, called 911
overzealous suburban cops charged me with some disorderly person offense
my dad, once i explained it the next day, said he got the charges dropped
i called into the police dept and said i was on probation so is this something i should report and they said no, it was just to calm the situation
but then got a call from dad’s lawyer a few days ago saying he got charges dismissed so i wanted to make sure you were aware
12-hour program
called back in august
and continuance without finding
police report
chance to appeal
couldn’t afford lawyer
sorry for including you in my band’s email list but….
Thanks,
J. Gatti
maria with the spanish accent at IDRC
(“call me later this afternoon”)
(her director can’t schedule me because i “already did a program”?)
(this is ludicrous!)
then i was turned away from the first 48-hour program for having an alleged BAC of 0.16
i was forced to explain this to the probation officer…
Hi Ashley, this is Joe returning your call. (let her explain the situation) I was rescheduled for the 48-hour program for August 17 – August 19. I got caught in traffic and had trouble finding the place and they don’t admit clients after 6pm.
after playing phone-tag all day, ashley ended up calling the IDRC and maria (who’d given me so much trouble over the past few months) tattletaled on me. ashley was pissed and told me she’d be issuing me a second “probation violation”. i shoulda gotten back to her sooner…
at that point i was tempted to bring up her corrupt past…
but now you’ve forced my hand…
http://www.telegram.com/article/20080424/NEWS/804240674
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