• Failure to Pay - When the defendant fails to pay required fines or restitution to the victim, a probation violation may occur.
• Failure to Comply - Part of a defendant's probation may include rehabilitation or community service. When the defendant fails to complete these required programs, a probation violation may occur.
• Failure to Appear - Many probation requirements include a scheduled court appearance for a progress report. When the defendant fails to appear for the required court appearance, a probation violation may occur.
• Violation of Rules - Part of probation may include rules that prohibit the defendant from visiting certain persons or locations. When the defendant fails to adhere to these rules, a probation violation may occur.
• Failure to Report - Probation may require the defendant to report to a probation officer at scheduled times. Failure to appear when expected may result in a probation violation.
• Possession of Illegal Substances - When the defendant possesses illegal weapons or drugs, a probation violation may occur.
• Committing Crimes - Staying out of trouble is mandatory during probation. When the defendant commits new crimes during the probationary period, a probation violation may occur.
• Being Arrested - Regardless of whether criminal charges are present, when the defendant is arrested during the probationary period, a probation violation may occur.

Probation is a sentence which may be imposed by a court in lieu of incarceration. A criminal who is "on probation" has been convicted of a crime but has served only part of the sentence in jail, or has not served time at all. In most jurisdictions, probation is a sentencing option for misdemeanors and many felonies (these are commonly called "probationable" offenses), but not for higher-order felonies, such as capital crimes, forcible rape, and many others.

An offender on probation is ordered to follow certain conditions set forth by the court, under the supervision of a probation officer. He or she is ordinarily required to refrain from subsequent criminal activity or possession of firearms, and may be ordered to remain employed, abide to a curfew, live at a directed place, obey the orders of the probation officer, or not leave the jurisdiction. The probationer may 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. The offender on probation may be fitted with an electronic tag, which signals her or his whereabouts to officials, and it is very common for offenders to be ordered to submit to alcohol/drug testing or to participate in alcohol/drug or psychological treatment, or to perform Community Service work.

Contents 1 Overview

2 Arming and increased authority

3 Types of supervision

4 History

5 Theory

6 Violation

7 Related probation articles

8 References

Overview

In the United States, both Federal and state criminal justice systems provide probation as a sentencing option, and state or territorial probation may be administrated either by state or local government (generally a county or court circuit). The several systems share similarities in method, but the scope, mission, and operations vary widely. Some jurisdictions combine probation with parole in one agency, some combine adult and juvenile probation in one agency, and some have entirely separate systems.

Arming and increased authority

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, as the threat to the public and the officers evolves and increases, as does the public demand of safety and accountability.[5]

Probation officers are peace officers who possess limited police powers. In Nevada, Oklahoma, and South Carolina, probation agencies also employ full-time police officers, who are authorized to arrest throughout the state, have access tactical special operations units, and are deployed to sites of emergencies and disasters. Nevada Probation and Parole, a division of the Nevada Highway Patrol department of public safety, responded to the Hurricane Katrina disaster to provide much needed police assistance to the devastated area.[6][7]

Types of supervision

Intensive probation, home detention, GPS monitoring These are highly intrusive forms of probation in which the offender is very closely monitored, and 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. GPS monitoring and home detention are common in juvenile cases, even if the underlying crime is minor.

Standard supervision 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 (as described above: treatment, community service, and so on).

Unsupervised probation does not involve direct supervision by an officer. The probationer is expected to complete any conditions of the order without the involvement of an officer, perhaps within a shorter period. For example, given one year of unsupervised probation, a probationer might be required to have completed community service, paid court costs or fines, etc., within the first six months. For the remaining six months, he or she may merely be required to refrain from unlawful behavior. 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 supervision is supervised or unsupervised probation without having been found guilty of a crime. (It should be noted that it therefore constitutes a violation of the alleged offender's rights of the accused.) Probation terms such as search clauses or drug testing may be included. At the end of the informal supervision period, the case is dismissed.

History

The concept of probation, from the Latin, probation, "testing," has historical roots in the practice of judicial reprieve. In English common law, the courts could temporarily suspend the execution of a sentence to allow the defendant to appeal to the Crown for a pardon. Probation first developed in the United States when John Augustus, a Boston boot maker, 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, one "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 famous court 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.

Massachusetts developed the first state wide probation system in 1880, 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. for each other. 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.

Theory

Probation began as a humanitarian effort to allow first-time and minor offenders a second chance. Early probationers were expected not only to obey the law but also to behave in a morally acceptable fashion. Officers sought to provide moral leadership to help shape probationers' attitudes and behavior with respect to family, religion, employment, and free time. They aimed to ensure that this was enforced as well, and early probationers were given the opportunity to prove themselves and possibly even reduce their sentence.

From the 1920s through the 1950s, the major developments in the field of psychology led probation officers to shift their emphasis from moral leadership to therapeutic counseling. This shift brought three important changes. First, the officer no longer primarily acted as a community supervisor charged with enforcing a particular morality. Second, the officer became more of a social worker whose goal was to help the offender solve psychological and social problems. Third, the offender was expected to become actively involved in the treatment. The pursuit of rehabilitation as the primary goal of probation gave the officer extensive discretion in defining and treating the offender's problems. Officers used their judgment to evaluate each offender and develop a treatment approach to the personal problems that presumably had led to crime. Many states offered to dismiss or expunge the conviction if the probationer fulfilled the terms of the probation.

During the 1960s, major social changes swept across the United States. These changes also affected the field of community corrections. Rather than counseling offenders, probation officers provided them with concrete social services such as assistance with employment, housing, finances, and education. This emphasis on reintegrating offenders and remedying the social problems they faced was consistent with federal efforts to wage a "War on Poverty." A probation officer became less of a counselor or therapist, and more of an advocate, dealing with private and public institutions on the offender's behalf.

In the late 1970s the orientation of probation changed again as the goals of rehabilitation and reintegration gave way to "risk management." This approach, still dominant today, seeks to reduce the likelihood that an offender will commit a new offense. Risk management reflects two basic goals. First, in accord with the deserved-punishment ideal, the punishment should fit the offense, and correctional intervention should neither increase nor diminish the severity of punishment. Second, according to the community protection criterion, the amount and type of supervision are determined according to the risk that the probationer will return to lawbreaking.

Violation

Should circumstances warrant, a probation officer may appear before a court to request to file a petition for violation of probation. At the violation 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. There is no invariant rule as to what circumstances warrant a violation hearing, although conviction of a subsequent offense, or failure to report (to the officer) are nearly universal.

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).

The Probation Officer's Role

In the 94 federal judicial districts nationwide, U.S. probation officers play an integral role in the administration of justice. Probation officers serve as the community corrections arm of the federal court system. They provide to the court two important services: investigation and supervision.

U.S. probation officers make an important contribution to the federal criminal justice process. Their mission is to investigate and supervise offenders whom the courts have conditionally released to the community on probation, parole, or supervised release. By serving as the court's fact-finder, controlling the risk offenders may pose to public safety, and providing offenders with correctional treatment, officers help ensure that persons previously convicted of crime obey the law rather than commit further crime.

Officers' responsibilities require them to work not only with federal judges and other court professionals, but with U.S. attorneys, defense attorneys, Federal Bureau of Prisons and U.S. Parole Commission officials, state and local law enforcement agents, treatment providers, and community leaders. Officers deliver services that benefit the court, the community, and the offender. Their primary duties are described below.

Investigation

By order of the court, the officer conducts a presentence investigation, gathering and verifying important information about the offender and the offense. The officer gathers information in two ways: by conducting interviews and by reviewing documents. The cornerstone of the investigation is the interview with the offender, during which the officer inquires about such things as the offender's family, education, employment, finances, physical and mental health, and alcohol or drug abuse. The officer also conducts a home visit to assess the offender's living conditions, family relationships, and community ties and to detect alcohol or drugs in the home.

Besides interviewing the offender, the officer interviews other persons who can provide pertinent information, including the defense counsel, the prosecutor, law enforcement agents, victims, the offender's family and associates, employers, school officials, doctors, and counselors. The officer also reviews various records and reports, including court records, financial records, criminal history transcripts, birth/marriage/divorce records, school records, employment records, military service records, medical records, and counseling and treatment records. The officer verifies the information gathered, interprets and evaluates it, and presents it to the court in an organized, objective report called the presentence report.

Report Preparation

The officer prepares a presentence report that contains information about the offense, the offender, the impact of the offense on the victim, and sentencing options under the federal sentencing guidelines. It also includes information about the offender's ability to pay fines and restitution. The report's primary purpose is to provide information that enables the court to impose a fair sentence that satisfies the punishment, deterrence, and corrective goals of sentencing. The officer considers applicable statutes and the sentencing guidelines, applies them to the facts of the case, and comes up with a recommended sentence and a justification for it.

Because the presentence report is so crucial to the sentencing process, it must be accurate and must distinguish between verified and unverified information and between fact and opinion. The presentence report not only helps the court choose an appropriate sentence, but provides important information that is useful to other agencies. Information in the report helps the Federal Bureau of Prisons choose the institution where the offender will serve the sentence, select prison programs to help the offender, and make the offender's release plans. The information also helps the U.S. Sentencing Commission monitor sentencing guidelines application and helps the U.S. probation officer assigned to supervise the offender assess the risk the offender poses and the offender's needs.

Conditions of Release

The officer recommends conditions of release in the presentence report. These are the conditions under which the court releases the offender to the community. Conditions address many areas of the offender's life--including personal, financial, and health issues–and help structure the offender's movement and behavior.

The court imposes two kinds of conditions: mandatory and discretionary. Mandatory conditions apply to all offenders. For example, they forbid the offender to commit another federal, state, or local crime; require the offender to report as directed to the probation officer; and prohibit the offender's use of alcohol or drugs. Discretionary conditions give the officer the authority to administer additional sanctions and provide correctional treatment to address specific risks the offender may present to himself or herself, others, and the community in general. For example, they may require the offender to serve a period of home confinement, undergo drug testing or treatment, or disclose financial information.

When supervision begins, the officer assigned to supervise the offender fully explains the conditions of release and the consequences of not complying with them. The offender receives a written statement that sets forth the conditions.

Supervision

Officers supervise, or monitor, all offenders conditionally released to the community by the federal courts, the U.S. Parole Commission, and military authorities. Community supervision gives officers the means to carry out the court's sentence and to address public safety and offender rehabilitation goals.

Supervision begins with assessing the offender, identifying potential supervision problems, and making a supervision plan. The officer assesses the potential risk the offender poses, which affects the amount of personal contact the officer has with the offender. The supervision plan addresses the offender's problems and how to resolve them. Problems are any circumstances that limit the offender's ability or desire to complete supervision successfully.

In supervising offenders, officers hold weighty public safety responsibilities. They use risk control techniques designed to detect and deter criminal behavior. Such techniques include verifying offenders' employment and income sources, monitoring their associates, restricting their travel, and requiring them to undergo correctional treatment.

Correctional treatment is key to controlling the risk offenders may pose and to helping them change behavior that contributes to criminality. Correctional treatment encompasses many services, including drug or alcohol treatment, mental health treatment, educational or vocational training, medical care, and employment assistance. The officer's job is to locate and use community resources to address offender needs in these areas or to arrange for services.

Officers periodically evaluate offenders' responses to supervision and revise supervision plans as necessary. Officers keep informed of the conduct and condition of offenders throughout supervision; help them improve, consistent with the court's order; and keep records of supervision activities. If necessary, officers ask the court to modify the conditions to provide for home confinement, financial disclosure, or other conditions to reduce risk. Offenders who do not comply with supervision conditions face sanctions ranging from reprimand to revocation proceedings. The most serious violations include violations for new criminal conduct, violations that compromise public safety, and absconding from supervision.

Special Skills and Responsibilities

Some officers use special skills, work with particular caseloads, and take on specialized responsibilities to further investigation, supervision, and officer safety goals. Experience, on-the-job training, and training from outside sources prepare officers for specialist positions. For example, drug and alcohol treatment specialists closely supervise drug- or alcohol-dependent offenders, require them to undergo drug testing, and arrange for appropriate treatment such as detoxification or counseling. Mental health treatment, home confinement, community service, sentencing guidelines, financial investigation, employment, and firearms are some other specialty areas.

1. What are the rules for reporting to my Probation Officer?

You must report on the day and time your Probation Officer tells you to.

If you have an emergency or illness that prevents you from keeping your appointment, call and speak directly to your Probation Officer or Office Supervisor and get a new appointment.

2. What should I bring to my appointment with my Probation Officer?

Photo ID (Driver License or State ID card).

Proof of where you live (utility bill, business mail, etc.).

Proof of employment (pay stub, note from employer).

Proof of changes, if any, to your name, address, phone, etc.

Proof of any completed treatment, community service, restitution and charity contributions.

3. What should I not bring to my appointment with my Probation Officer?

You will pass through a metal detector and be searched, so you should not bring the following:

Weapons or anything that can be used as a weapon.

Recording devices.

Camera cell phones (All regular cell phones must be turned off).

4. Why is it important that I participate in treatment?

Your Probation Officer may refer you to a treatment program. There are many different types of treatment. These programs will help you improve your situation — they are not a punishment. However, failure to cooperate with treatment may result in a violation of probation.

You may not want to go to treatment. This is normal. Programs require your time and effort. The most important first step for you is to attend. Once there, if you approach treatment as an opportunity, you will get the most out of it — give yourself the best chance for success.

5. Why do I have to sign a release of information?

It is necessary for you to sign the release of information so that your Probation Officer can find out if you attended and completed the program.

. 7. Am I responsible to pay for my treatment services?

You may have to pay for your treatment. However, you may be eligible for services through private or state funding, free services or services that are offered at a reduced cost.

8. What do I do if I am arrested?

If you are arrested, charged with any offense, or have any police contact, contact your Probation Officer, no later than 48 hours of it happening. You may do this in person or by telephone.

9. Can I go out of state? You may not travel or move out of state without permission from your Probation Officer.

10. Can I carry a firearm?

No probationer may possess any firearms if on probation for a felony or a misdemeanor crime of illegal possession of drugs, domestic violence involving the use or threatened use of physical force or convicted for having a deadly weapon. Probationers convicted of certain misdemeanors, as listed in your standard Conditions of Probation, may not possess any firearms.

If you are subject to a Protective and/or Restraining Order or other court orders not to possess any weapons, you are expected not to own, possess or purchase any weapons or items that could be used as a weapon.

11. What is Violation of Probation?

When you fail to follow the conditions of your probation it is a violation of probation. If you fail to follow any of your conditions or you get arrested, your Probation Officer may return your case to court. There will be a court hearing and if a violation is proved, you may be sentenced to jail.

12. What if I have a “No Contact” order?

You must not have or attempt to have any contact with the person or place. If that person tries to contact you, do not agree to make contact. Tell your Probation Officer immediately.

13. What does it mean when my case is supervised by a private company?

If appropriate a private company that contracts with the Office of Adult Probation will monitor your compliance with your probation conditions. At intake you will review and sign a letter telling you who to call in case of changes, arrest, and permission to travel out of state. The letter will also tell you where to mail your proof of completion of any programs, proof of community service hours completed, restitution payments and other required items. If you are notified by letter or telephone to give a urine sample, you are expected to follow the instructions.

14. I was just released from prison, what is the first thing I should do?

Your probation begins the day you are released from prison and you are expected to immediately contact Adult Probation. 15. Do I have to give a DNA sample?

If you are notified by letter to give a DNA sample, follow all of the instructions in the letter about who to contact for an appointment and where to go for the appointment. You will need to bring two forms of identification to the appointment. Your refusal to give a DNA sample is a Class A Misdemeanor and can be a violation of your probation.

17. Who do I pay my court fines and fees to? You will make your court payments directly to the Clerk’s Office at the court.

18. Can I vote?

Yes, but first you must be registered in the town where you live and if you were locked up you may have to restore your voting rights.

19. What are my rights as a probationer? You have the right to be treated in a respectful and professional manner that is free of any form of harassment, bias or discrimination because of your race, age, religion, gender, sexual orientation, place of birth, disability and political views.

Review and understand all of your conditions of probation.

Think before you act. Slow yourself down and think a few steps ahead.

Surround yourself with law abiding people who really want to see you do well, such as friends, family, co-workers, and formal support groups.

Take ownership of your probation by becoming an active participant.

Be open to the guidance from your Probation Officer.

The responsibility for making changes in your life is yours.

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