American Corrections: Probation

American Corrections: Probation
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American Corrections: Probation
Probation is a court order that requires probation officers to place a criminal defendant under their control, care, and supervision instead of imprisonment, provided that the probationer maintains specific standards of conduct (Bonczar & Maruschak, 2013). For a court to grant probation, the wrongdoer must promise to observe and obey the supervision conditions imposed by the court. General probation conditions are given to every probationer irrespective of their status. Some of these conditions include: obey all laws, report to a probation officer, do not associate with known felons, possess a firearm or leave court jurisdiction without prior approval, submit to searches as ordered, as well as notify the probation officer of any change in movement or location (Hilgendorf, 2017).
The sentencing court may also impose additional conditions to respond to the offenders' risk to the community and their rehabilitative needs (Doherty, 2015). These conditions may require the probationer to remain confined to their house, submit to electronic monitoring, pay court costs, restitution and damages, comply with the specific curfew, and participate in intervention programs like drug abuse, mental health, educational and vocational programs (Freebook, 2017). The sentencing court retains the authority to monitor community offenders, modify supervision conditions, and revoke the offender's probationary status based on their behaviors while on probation (Kaeble, 2020). Interestingly, probationers are highly motivated to abide by the court's wishes because violation of probation rules may lead to re-incarceration.
Probation officers play a significant role in ensuring that the offender meets the court's provisions and, if necessary, informs the court of any violation. As such, probation officers serve as both helpers and rule enforcers. If the probationer complies with all the conditions, the probation term will be complete when the sentence expires. Probation officers also have the power to file a motion court to end probation if the individual meets all the court's conditions. In the US, the average probation period is 22 months (Kaeble, 2020). The good news is that over 68% of the probationers complete their probation sentence (Kaeble, 2020).
If the offender violates probation requirements, the supervising officer must address the misconduct with the probationer. The court allows the probation officer to respond to these situations. Officers often have the freedom to decide on the instances that guarantee a stern warning and those that warrant the offender's recapture for a formalized court hearing (Luong & Wormith, 2013). During the revocation process, the judge works with the probation officer, prosecutor, the probationer, and the probationer's defense council to determine the appropriate course of action.
At this point, offenders risk serving their original sentence in prison, having additional supervision conditions imposed upon them, or extending their probationary term (Luong & Wormith, 2013). In some cases, the probation term is unsatisfac...