Probation

Enacted: Jan 1997
Revised:

Purpose

The purpose of probation is to assist in reducing the incidence and impact of crime by probationers in the community. The core services of probation are to provide investigation and reports to the court, to help develop appropriate court dispositions for adult offenders and juvenile delinquents, and to supervise those persons placed on probation. Probation departments in fulfilling their purpose may also provide a broad range of services including, but not limited to, crime and delinquency prevention, victim restitution programs and intern/volunteer programs.

Position

The mission of probation is to protect the public interest and safety by reducing the incidence and impact of crime by probationers. This role is accomplished by:

• assisting the courts in decision making through the probation report and in the enforcement of court orders;
• providing services and programs that afford opportunities for offenders to become more law-abiding;
• providing and cooperating in programs and activities for the prevention of crime and delinquency;
• furthering the administration of fair and individualized justice.

Probation is premised upon the following beliefs:

Society has a right to be protected from persons who cause its members harm, regardless of the reasons for such harm. Society has a right to be protected from persons who cause its members harm, regardless of the reasons for such harm. It is the right of every citizen to be free from fear of harm to person and property. Belief in the necessity of law to an orderly society demands commitment to support it. Probation accepts this responsibility and views itself as an instrument for both control and treatment appropriate to some, but not all, offenders. The wise use of authority derived from law adds strength and stability to its efforts.

Offenders have rights deserving of protection. Offenders have rights deserving of protection. Freedom and democracy require fair and individualized due process of law in adjudicating and sentencing the offender.

Victims of crime have rights deserving of protection. Victims of crime have rights deserving of protection. In its humanitarian tradition, probation recognizes that prosecution of the offender is but a part of the responsibility of the criminal justice system. The victim of criminal activity may suffer loss of property, emotional problems, or physical disability. Probation thus commits itself to advocacy for the needs and interests of crime victims.

Human beings are capable of change. Human beings are capable of change. Belief in the individual's capability for behavioral change leads probation practitioners to a commitment to the reintegration of the offender into the community. The possibility for constructive change of behavior is based on the recognition and acceptance of the principal of individual responsibility. Much of probation practice focuses on identifying and making available those services and programs that will best afford offenders an opportunity to become responsible, law-abiding citizens.

Not all offenders have the same capacity or willingness to benefit from measures designed to produce law-abiding citizens. Not all offenders have the same capacity or willingness to benefit from measures designed to produce law-abiding citizens. Probation practitioners recognize the variations among individuals. The present offense, the degree of risk to the community and the potential for change can be assessed only in the context of the offender's individual history and experience.

Intervention in an offender's life should be the minimal amount needed to protect society and promote law-abiding behavior. Intervention in an offender's life should be the minimal amount needed to protect society and promote law-abiding behavior. Probation subscribes to the principle of intervening in an offender's life only to the extent necessary. Where further intervention appears unwarranted, criminal justice system involvement should be terminated. Where needed intervention can best be provided by an agency outside the system, the offender should be diverted from the system to that agency.

Punishment. Probation philosophy does not accept the concept of retributive punishment. Punishment as a corrective measure is supported and used in those instances in which it is felt that aversive measures may positively alter the offender's behavior when other measures may not. Even corrective punishment, however, should be used cautiously and judiciously in view of its highly unpredictable impact. It can be recognized that a conditional sentence in the community is, in and of itself, a punishment. It is less harsh and drastic than a prison term but more controlling and punitive than release without supervision.

Incarceration may be destructive and should be imposed only when necessary. Incarceration may be destructive and should be imposed only when necessary. Probation practitioners acknowledge society's right to protect itself and support the incarceration of offenders whose behavior constitutes a danger to the public through rejection of social or court mandates. Incarceration can also be an appropriate element of a probation program to emphasize the consequences of criminal behavior and thus effect constructive behavioral change. However, institutions should be humane and required to adhere to the highest standards.

Where public safety is not compromised, society and most offenders are best served through community correctional programs. Where public safety is not compromised, society and most offenders are best served through community correctional programs. Most offenders should be provided services within the community in which they are expected to demonstrate acceptable behavior. Community correctional programs generally are cost-effective and they allow offenders to remain with their families while paying taxes and, where applicable, restitution to victims.