Probation
Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration.
This article is about criminal probation. For other uses, see Probation (disambiguation).
In some jurisdictions, the term probation applies only to community sentences (alternatives to incarceration), such as suspended sentences.[1] In others, probation also includes supervision of those conditionally released from prison on parole.[2]
An offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer. During the period of probation, an offender faces the threat of being incarcerated if found breaking the rules set by the court or probation officer.
Offenders are ordinarily required to maintain law-abiding behavior, and may be ordered to refrain from possession of firearms, remain employed, participate in an educational program, abide by a curfew, live at a directed place, obey the orders of the probation officer, or not leave the jurisdiction. The probationer might be ordered as well to refrain from contact with the victims (such as a former partner in a domestic violence case), with potential victims of similar crimes (such as minors, if the instant offense involves child sexual abuse), or with known criminals, particularly co-defendants. Additionally, offenders can be subject to refrain from the use or possession of alcohol and other drugs and may be ordered to submit to alcohol/drug tests or participate in alcohol/drug psychological treatment. Offenders on probation might be fitted with an electronic tag (or monitor), which signals their movement to officials. Some courts permit defendants of limited means to perform community service in order to pay off their probation fines.[3]
Grant of probation[edit]
Community corrections officials are key personnel in helping decide whether a criminal is granted probation. They determine whether the offender is a serious risk to the public and recommend to the court what action to take. Correction officials first go through an investigation process during the pretrial period. They assess the offender's background and history to determine whether the offender can be released safely back into the community. The officers then write a report on the offender. The courts use the report to determine whether the offender shall be put on probation instead of going to jail. After the offender is found guilty, the probation officer puts together a pre-sentence investigation report (PSI). Courts base their sentencing on it. Finally, courts make their decisions as to whether to imprison the convict or to assign him or her probation. If a court decides to grant a person probation, they must then determine how to impose the sentence based on the seriousness of the crime, recidivism, the circumstances of the convict, and the recommendations from the corrections officials.[13]
Early release[edit]
Judges across may have the power to alter and amend the probation terms, conditions and period. Such powers are commonly held by judges in the United States. Pursuant to the authority of a court, it may be possible for a defendant to apply for early discharge from probation after a certain proportion of the probation period has been completed. For example, in the U.S. state of Georgia an offender may apply for early termination from felony probation after serving at least three years of the sentence. [16]
In the U.S., when deciding whether to grant early discharge a judge will typically consider factors such as whether the probationer has complied with all the terms of probation, paid all fines, fees, court costs and restitution and would experience a hardship if the probation period continued.