NCJ Number
49904
Journal
Federal Probation Volume: 41 Issue: 4 Dated: (1977) Pages: 7-9
Date Published
1977
Length
3 pages
Annotation
A PROGRAM OF UNPAID COMMUNITY SERVICE AS A CONDITION OF PROBATION IS DESCRIBED. THE LEGAL RESEARCH WHICH WAS DONE, INITIAL CONTACTS WHICH WERE MADE, AND THE POSITIVE RESULTS OBTAINED ARE DETAILED.
Abstract
IN 1976, THE U.S. DISTRICT COURT OF THE WESTERN DISTRICT OF TENNESSEE, HELD AT MEMPHIS, BEGAN RESEARCHING THE LEGALITY OF IMPOSING UNPAID COMMUNITY WORK AS PART OF THE PROBATION CONDITION. IT WAS FELT THAT THIS UNPAID WORK WOULD HAVE SOME BENEFIT FOR THE PROBATIONER BY REQUIRING CONCRETE RESTITUTION TO SOCIETY. IT WOULD ALSO AID COMMUNITY SERVICES AND CHARITIES, WOULD MAKE PROBATION MORE ACCEPTABLE TO THE PUBLIC, AND WOULD PROVIDE AN EXPERIENCE WITH REGULAR WORK FOR THOSE WHO HAD NEVER HAD STEADY EMPLOYMENT BEFORE. THE GENERAL COUNSEL OF THE ADMINISTRATIVE OFFICE OF THE U.S. COURTS RESEARCHED THE PROBLEM AND FOUND NO LEGAL BARRIERS IN FEDERAL LAW. THE MAJOR PROBLEM FOUND IN LOCAL LAW WAS THE INCREASED COST OF WORKER'S COMPENSATION TO COVER INJURIES WHICH MIGHT BE RECEIVED BY PROBATIONERS. HOWEVER, IT WAS FELT THAT THE VALUE OF THE WORK RECEIVED WOULD OFFSET THIS EXTRA COST. AGENCIES WHICH MIGHT BE ABLE TO USE PROBATIONER HELP WERE CONTACTED. THE PROBATION OFFICE SUPERVISES WORK PERFORMANCE AND IS AUTHORIZED TO INFORM THE PROBATIONER THAT IF PERFORMANCE IS EXCEPTIONALLY GOOD, THE WORK REQUIREMENTS MAY BE TERMINATED EARLY. AS OF JUNE 1977, THERE WERE 53 PROBATIONERS WORKING FOR 21 AGENCIES. THE COURT HAS HAD TO REVOKE PROBATION AND IMPOSE INCARCERATION FOR POOR WORK PERFORMANCE IN ONLY TWO CASES. IN SOME INSTANCES THE PROBATIONERS HAVE BEEN HIRED PERMANENTLY BY THE AGENCIES FOR WHICH THEY WORKED WITHOUT PAY. GENERALLY THE WORK REQUIRED IS EQUIVALENT TO ONE 8-HOUR DAY PER WEEK. PROBATIONERS ARE ASSIGNED AT THE HIGHEST LEVEL OF PERFORMANCE POSSIBLE. (TWO VETERINARIANS CONVICTED OF INCOME TAX EVASION WORKED PROFESSIONALLY FOR THE ANIMAL SHELTER AND THE ZOO.) THE AGENCIES CAN CALL THE PROBATION OFFICER IMMEDIATELY SHOULD ANY PROBLEM ARISE. THE PROGRAM HAS RECEIVED SUCH FAVORABLE SUPPORT THAT MANY AGENCIES HAVE ASKED FOR MORE WORKERS, AND 12 AGENCIES NOT PREVIOUSLY CONTACTED HAVE VOLUNTEERED TO BE PART OF THE PROGRAM. (GLR)