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The best definition of probation as a sentence is: A sentence whereby a convict is released from confinement but is still under court supervision. Probation can be given instead of a prison term or can suspend a prison sentence if the convict has consistently demonstrated good behavior.
Very plainly, probation is the suspension of a jail sentence. This means that the criminal who is "on probation" has been convicted of a crime but rather than serving jail time they will be returned to the community for a period of time. During this period of time they will have to live by certain rules set forth by the Court, under the supervision of a probation officer. General conditions can be: maintaining employment, adhering to a curfew, living where directed, refraining from unlawful behavior, following the probation officer's orders and not leaving the sentencing court’s jurisdictional area without permission.
Usually the offender is supervised by a probation officer who monitors their performance and compliance during their probation period. The probation officer helps the offender to become accustomed to living in the community with the restrictions listed above; to guide and help them to behave in a lawful and responsible way.
According to chapter 15 of our text, “If you were a criminal sentenced to felony probation in Lafayette Parish,
Louisiana, you would be provided with the following legal notice (in abridged
form) for your signature:
Conditions of Probation
It is the Order of the Court that you comply with the following required conditions
of probation:
Refrain from criminal conduct and pay a supervision fee to defray the costs of
Probation supervision.
The Court has ordered you to pay a supervision fee of $___________ per
Month and it is to begin on ___________.
The following specific conditions have also been imposed:
1. Make a full and truthful report at the end of each month.
2. Meet your specified family responsibilities, including any obligations imposed
in a court order or child support.
3. Report to the probation officer as directed.
4. Permit the probation officer to visit you at home or elsewhere.
5. Devote yourself to an approved employment or occupation.
6. Refrain from owning or possessing firearms or other dangerous weapons.
7. Make reasonable reparation or restitution to the aggrieved party for damage
or loss caused by your offense in an amount to be determined by the court.
8. Refrain from frequenting unlawful or disreputable places or consorting
with disreputable persons.
9. Remain within the jurisdiction of the Court and get the permission of the
probation officer before making any change in your address or employment.
10. Devote yourself to an approved reading program at your cost if you are
unable to read the English Language.
11. Perform community service work.
12. Submit yourself to available medical, psychiatric, mental health, or substance
abuse examination or treatment or both when deemed appropriate
and ordered to do so by the Probation and Parole Officer.
Failure to comply with the foregoing conditions may cause your probation to be
revoked. During the period of probation, you shall be subject to arrest at any time
by the Probation and Parole Officer, either with or without a warrant, for the purpose
of returning you to the Court for further disposition”.
• While the probation process differs slightly in each of the 50 states, the process listed above for Louisiana is typical of the process each person on probation goes through. The U.S. Department of Justice offers some startling statistics regarding probation—“ At least 95% of all State prisoners will be released from prison at some point; nearly 80% will be released to parole supervision.
• At yearend 2002, 1,440,655 prisoners were under the jurisdiction of State or Federal correctional authorities.
• In 2001, about 592,000 State prison inmates were released to the community after serving time in prison.
• Nearly 33% of State prison releases in 1999 were drug offenders, 25% were violent offenders and 31% were property offenders.
• 670,169 adults were under State parole supervision at yearend 2002.
• By the end of 2000, 16 States had abolished discretionary release from prison by a parole board for all offenders.
• Among State parole discharges in 2000, 41% successfully completed their term of supervision; relatively unchanged since 1990”.
The research uncovered from the Bureau of Justice Statistics regarding the effectiveness of probation is that probation can be effective. However, those statistics show that more probation violator’s go to prison, than newly charged offenders. Probation does provide states with cost savings alternative sentencing. The group who seem to get the most benefit are first time offenders, who are sentenced for minor crimes.
Probation has value to offenders and communities; it helps keep more families intact by less disruption to family units. Even so, our probation system does need an overhaul to be as effective as it was intended to be. Guidelines need to be more standard and enforced in a consistent manner to achieve the greatest benefit.
References
Axia College of University of Phoenix. (2009). Corrections The Fundamentals.
Retrieved February 21, 2009, from Axia College Week 8, aXcess, CJS230.
Bureau of Justice statisitics, Reentry Trends in the United States. Retrieved February 21, 2009, from
http://www.ojp.usdoj.gov/bjs/reentry/reentry.htm
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