Chapter 8
Probation
Clear & Cole, American Corrections, 8th
Evolution of leniency/ Probation in America
social work role
law enforcement role
modern
Probation
(20th century)
an obligation imposed by
judge on an accused to
perform a specific act (e.g.,
keep peace, pay debt, appear),
or lose surety
Recognizance
(Massachusetts) 1830
judge suspends sentence
imposition, execution on
condition of good behavior for
period of time
Judicial Reprieve
leniency granted to clergy (-> trial
in ecclesiastical court; read
Psalm 51- ‘neck verse’
Benefit of Clergy
(England & US)
(Eng & US) 1200s - 1827
money bail added
Massachusetts 1837
unconstitutional in US,
1916
(time was indefinite;
separation of powers)
used only briefly
in US
Clear & Cole, American Corrections, 8th
early probation environment
Judge
Peter
Thatcher
John
Augustus
Boston Police
Court
release by
“recognizance”
(1785 - 1859)
1830
“probation”
“bail”
1841
1837
Clear & Cole, American Corrections, 8th
Augustus’ style of probation
(1st “probation officer”)
key features
pre-sentence
investigation
supervision
conditions
(developed by
Augustus)
social casework
(e.g., jobs, housing)
revocation of
probation
reports to
the court
Clear & Cole, American Corrections, 8th
dual perspectives re: probation
services
law
enforcement
concern:
focus:
operation:
competing
perspectives
• public safety
• risk
• surveillance
• close controls
social work
• humanitarian
• reformation
• assistance
• service
• support
Clear & Cole, American Corrections, 8th
organization of
probation services
centralized
vs.
decentralized
(state vs. city)
combined with
parole
vs.
not combined
issues
executive
vs.
judicial control
Clear & Cole, American Corrections, 8th
specialization in probation functions
pre-sentence
investigation
dual role
(obligations)
of probation
• prepare (PSI) --(presentence
investig. report)
PSI issues:
• contents
• recommendations
• disclosure
• private PSIs
post-sentence
supervision
• establish relationship w/
offender
• establish relationship w/
office/supervisor
• establish supervision
goals to help offender
• terminate probation
Clear & Cole, American Corrections, 8th
the environment of
probation supervision
the
officer
critical
“mix”
offender
bureaucracy
Clear & Cole, American Corrections, 8th
bringing about change:
power vs. authority
“power”
the ability to force a person to do something he or she does not want to do
vs.
“authority”
the ability to influence a person’s actions in a desired direction without resorting
to force
Clear & Cole, American Corrections, 8th
three types of “authority”
(= parallel to 3 strategies of change)
 irrational
 based
authority (power-coercive)
solely on power
 rational authority (rational-empirical)
 based on officer competence
 psychological
educative)
authority (normative-re-
 based
on acceptance by client & officer of
jointly determined goals, as well as
strategies of supervision
Clear & Cole, American Corrections, 8th
general supervision “styles”/
strategies for probation
 selective
 deal
intervention strategies
with temporary crises
 environmental
structure strategies
 develop daily living skills
 promote pro-social activities
 casework/control
 to
strategies
overcome serious instability &
problems (housing, job, family, drugs)
 limit-setting
 restrictions
strategies
to allow close monitoring of
conditions & enforcement of supervision
requirements
Clear & Cole, American Corrections, 8th
“case management systems”

rules, procedures, & protocols which
are designed to maximize the
effectiveness of probation services
being delivered to offenders & the
efficiency with which they are
delivered
Clear & Cole, American Corrections, 8th
5 components of NICs
a “model” system of case management
 statistical

risk assessment
reduces overprediction & improves accuracy of
classification
 systematic

needs assessments
evaluate probationer according to a list of
potential need areas
 contact
supervision standards


offenders classified into supervision “levels”
each has minimum contact requirements

officer must put supervision plan in writing

use time studies to accurately measure workload
 case
planning
 workload
accounting
Clear & Cole, American Corrections, 8th
“conditions” of probation
3 types of
conditions
treatment
(to deal with
problem/need)
• drug
counseling
• education
• job training
standard
(imposed on all
probationers)
• report to office
• stay employed
• don’t leave town
• don’t move
punitive
(to increase pain of
probation)
• fine
• community service
• restitution
Clear & Cole, American Corrections, 8th
Characteristics of Adults on Probation
Clear & Cole, American Corrections, 8th
% adult probationers in
special treatment programs
Clear & Cole, American Corrections, 8th
techniques for monitoring & controlling
substance abuse
techniques
urinalysis
used to discover
whether person is
using drugs
methadone
drug which reduces
craving for heroin;
spares addicts from
painful withdrawal
symptoms
antabuse
drug which
causes violent
nausea (when
combined with
alcohol)
Clear & Cole, American Corrections, 8th
termination of probation
two
options
Successful
“discharge”
• early termination
• normal termination
(at expiration of
term)
Unsuccessful
“revocation”
• arrest, conviction for
new crime
• “technical” violation
of rules, conditions of
probation
Clear & Cole, American Corrections, 8th
termination of probation
two
options
Successful
“discharge”
• early termination
• normal termination
(at expiration of
term)
Unsuccessful
“revocation”
• arrest, conviction for
new crime
• “technical” violation
of rules, conditions of
probation
Clear & Cole, American Corrections, 8th