Felony Probation

Felony probation refers to a probation sentence that has been granted to a person convicted of a felony offense (as opposed to a misdemeanor offense). Although it revolves around working with more serious offenders, felony probation is based on the same general tenet of traditional probation in that the sentence allows the offender to be supervised within the community as long as he or she abides by all of the probation terms and conditions mandated by the court. Felony probation does, however, differ from traditional probation in terms of its foundation, application, and implementation.

In its base form, the traditional argument for a sentence of probation was to rehabilitate offenders by integrating them into the community with minor restrictions, and it was originally intended and used for offenders who were thought be of little or no risk to the community. In large part because of the growth in the prison population, probation is now seen as a necessary alternative to deal with felons who would ordinarily have been incarcerated in the past. However, this shift does not correspond to the types of offenders whom probation was initially intended to serve—namely, less serious, nonviolent, and misdemeanant offenders who were judged to be amenable to rehabilitation. During the first half of the 20th century, the percentage of felons on probation rarely exceeded 10 percent of the total probation population; the majority of felony offenders were sentenced to a term of confinement. Today, the granting of probation to felons is much more common, with nearly one third of all felons being sentenced to felony probation exclusively and more than half serving at least part of their sentence in the community.

Compared to the typical probationers of the past, the application of felony probation sentences today means that probationers are more likely to be violent offenders, have substance abuse problems, live in unstable family environments, encounter dire employment prospects, suffer from emotional problems, and be diagnosed as mentally ill. With the increased usage of probation for felons, community protection and recidivism have become important issues of study. To this end, the classification of offenders in terms of risk to the general public and their individual needs has been emphasized.

The terms and conditions of felony probation differ from those typically found in nonfelony probation. These differences are implemented because of the more serious nature of the offense and the perceived increased risk of reoffending and recidivating. Felony probation sentences are typically three to five years in length, whereas misdemeanant probation ranges from one to three years. Although many of the conditions of probation are the same for felony probation as they are for regular probation, they often differ in terms of intensity and stringency; moreover, punitive and restitutive measures are more commonly applied to felony probationers.

Felony probationers typically have to comply with additional and stricter probation conditions than do their nonfelony counterparts. These conditions commonly include increased reporting to probation officers, completion of mandatory programs (such as those addressing substance abuse and anger management), required employment or vocational training, regular random drug testing, residence and workplace visitations, out-of-state travel restrictions, and limitations on the places the offender can visit and the people with whom the offender can come into contact.

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