Probation

History and Mission

John Augustus is known as the father of probation. In 1841, Augustus began bailing men out of jail in Boston, Massachusetts. He bailed out those who were first-time offenders and who expressed a willingness to reform. By 1842, Augustus expanded his informal probation efforts to women and children. Augustus assisted his charges in abstaining from alcohol, finding homes, securing employment, and dealing with family strife. He was not paid for his services, but did receive donations from local businesses and individuals who believed in his efforts. Enactment of the first probation law in the United States took place in Massachusetts in 1878. This law provided for paid probation officers to supervise both adults and juveniles. It was deemed a success, and similar programs began to develop throughout the United States.

The probation officer is charged with enforcing the conditions imposed by the court. Probation officers need a broad knowledge of the criminal justice system and an understanding of the distribution of responsibilities among courts, the parole authority, corrections facilities, social services, and the prosecutor.

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President Calvin Coolidge signed the Probation Act of 1925, which established probation as an actual sentence in the federal court system. Prior to the signing of this act, federal courts used suspension of sentences as a conditional means of lessening punishment. In 1916, the Supreme Court held that federal courts did not have the power to suspend sentences indefinitely. The Probation Act of 1925 allowed courts to place offenders on probation for a term and under the conditions the court thought would best suit the offender and his or her needs.

By 1956, all forty-eight states had paid probation departments for adults and juveniles, and today probation is the primary sanction for criminal offenders in the United States. As of 2008, there were more than 4 million adults on probation. About half of all people are placed on probation for misdemeanor offenses; the other half are serving a term of probation because of felony convictions.

The mission of probation is to carry out what is known as the trinity. The trinity involves protecting the public, carrying out the orders of the court, and providing rehabilitation and treatment. Protection of the public is accomplished through activities such as random home visits, drug tests, notification to victims, and verification of sex offender registration. The supervising probation officer carries out the orders of the court by ensuring the offender pays his or her restitution, fines, and fees. In addition, it is the duty of the probation officer to enforce all other conditions imposed by the court. This will include all of the mandatory and standard conditions of supervision as well as the conditions specific to a particular offender. Finally, the supervising probation officer is charged with providing treatment and rehabilitation for offenders. This may entail chemical dependency treatment, mental health services, furtherance of education, vocational training, and financial assistance, depending on a specific offender's issues and needs.

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