8.3 Probation
David Carter; Michelle Holcomb; and Kate McLean
Probation is arguably the oldest, and certainly the most common, of the intermediate sanctions. Its roots stem from concepts of common law from England, like many of our other correctional practices in the U.S. In early American courts, a person was able to be released on their own recognizance if they promised to be responsible citizens and pay back what they owed (financially or morally). In the early 1840s, John Augustus, a Boston shoemaker, was regularly attending court and began to supervise such individuals as a “Surety”. A Surety was a person who guaranteed or paid individuals’ bond, or the money necessary to secure their release awaiting trial. In turn, Augustus, pictured below, would take in many of these individuals, providing them with work and housing to help ensure that they would remain crime-free and pay back society. He continued this practice for nearly two decades, effectively becoming the first probation officer. He helped so many people during his lifetime at his own personal expense that he died a pauper.
Today, probation is a form of a “suspended” sentence, meaning that, instead of serving a certain period in jail or prison, an offender is allowed to serve that same period of supervision in the community. However, the sentence is only suspended subject to certain conditions that the offender must continue to meet; if they deviate from those conditions, they may be ordered to finish their sentence in jail or prison. Conditions of probation often include reporting to a probation officer, submitting to random drug screens, not “consorting” with known felons, paying court costs and restitution, or attending Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) courses, among other conditions. Probation lengths vary greatly, as do the conditions of probation placed on an individual. Almost all people on probation will have at least one condition of probation. Some have many conditions, depending on the seriousness and nature of their conviction. Juvenile probation departments were established within all states in the 1920s, and by the middle of the 1950s, all states also had adult probation.
Probation Officers
Probation officers usually work directly for the state or federal government, but they can also be directed through local or municipal agencies. Many counties/parishes will have a community justice level structure where probation offices operate. Within these offices, probation officers will be assigned cases (caseload) – probationers – that they will manage. The volume of cases in a probation officer’s caseload can vary from just a few clients (if they are high need/risk) to several hundred probationers. This depends on the jurisdiction, the structure of the local probation office, and the abilities of the probation officers themselves.
The role of the probation officer (PO) is complex and sometimes contradictory. A PO’s primary function is to ensure the complia