NCJ Number
74767
Date Published
1980
Length
22 pages
Annotation
This article describes the unique features of probation in the United States, the decision stages in probation sentencing, the advantages of a professionalized probation service, and the varying organization of probation services.
Abstract
In the American probation system most offenses except for a few serious crimes, are probationable at the discretion of the judge. Controversy exists over whether probation should be initially considered in sentencing or only after a specified period of incarceration. Three unique features of probation that distinguish it from other sentencing alternatives include 1) the direct control retained by the sentencing judge over the probationer, 2) the absence of a connection between the time served by the offender under probationary sentence and the prison sentence provided by law for the same crime, and 3) the inapplicability to sentence completion of probation time served unless the entire probationary term is completed. The four major elements of the probation process are 1) the judge's decision whether or not to grant probation; 2) the conditions imposed on the probationers, to which they must agree before being allowed on probation; 3) the nature, type, and intensity of supervision by the probation officer; and 4) revocation procedures used if the probationer violates a rule or commits a new crime. Difficulties encountered with volunteer probation officers are identified; and the advantages of a trained proffessional probation officer are noted. The predominantly local control of probation services in the United States produces quality and consistency of probation services which vary from one local jurisdiction to another. The increasing pressure felt by probation departments in the face of expanding caseloads and declining budgets is described; and the consequent stimulus provided to probation departments to be innovative in using their shrinking resources is noted. Thirty-two references are provided.