1. How Probation Developed: Chronicling Its Past & Present
Chapter 2
How Probation Developed: Chronicling Its Past & Present

2. Precursors to American Probation
Early legal practice in the United States was distinct from British common law:
Security for good behavior, good abearance
Filing
Motion to Quash
Sureties
All had the objective of mitigating punishment

3. Recognizance & Suspended Sentence
Release on recognizance began in 1830 in Commonwealth v. Chase
Suspended sentence: a court order, entered after a verdict, finding, or guilty plea, that suspends or postpones the sentence contingent on the offender’s good behavior

4. Two Kinds of Suspended Sentences
Suspension of imposition of sentence: when a verdict or plea is reached, but no sentence is pronounced & there is no conviction
Suspension of execution of sentence: the defendant is placed on probation & the conviction remains on the record.

5. The Power to Suspend Sentence
English common law courts had the power to suspend sentence for a limited period or for a specific purpose
In the U.S. federal courts, the common practice of suspending sentences ended with the Killits decision in 1916
The Federal Sentencing Reform Act in 1984 recognized probation as a bona fide sentence in the federal system

6. Founders of Probation
John Augustus is considered the founder of probation in the United States
The first probation law in U.S. was enacted in Massachusetts in 1878
Matthew Davenport Hill is considered the co-founder of probation, laying its foundation in England

7. Federal Probation
Historically, federal judges resisted probation legislation
The National Probation Act was passed by Congress in 1925
The Federal Bureau of Prisons administered the federal probation system from
In 1940, administration of probation moved to the Administrative Office of the U.S. Courts
The1984 Comprehensive Crime Control Act abolished federal parole & all prison releases are under probation supervision

8. Juvenile Probation & Juvenile Court
From the 1700’s-early 1800’s, children were disciplined by their parents & other adults in the community
Between 1817-mid 1840’s, “child savers” institutionalized runaway or neglected children
In 1890, “placing out” put some children in foster homes
The Illinois Juvenile Court Act of 1899 established the first juvenile system based on reform & treatment

9. Juvenile Probation & Juvenile Court, Cont’d.
The doctrine of parens patriae governed juvenile
court proceedings, based on 4 principles:
The court appointed a guardian to care for the child
Parents of offenders must be held responsible
Jail was unsuitable, regardless of offense
Removing children from their parents should be avoided

10. Early Probation Legislation in Other States
New York’s probation law allowed police officers to be probation officers
Other states did not allow police officers to serve as probation officers
Many early probation workers were volunteers because the new laws did not fund salaried positions

11. Organizational Questions
What branch of government does the probation agency fall under: executive/state or judicial/local?
Is the probation agency combined with parole, or is it a stand alone department?
Does the agency combine adult & juvenile supervision together, or are they separate?

12. Community Corrections Acts
Community Corrections Acts (CCAs): statewide agreements through which funds are granted to local governments to develop & deliver community correctional sanctions & services
Decentralize correctional sanctions & program design to better reflect community values
Provide for citizen participation
First Community Corrections Act enacted in Minnesota in 1973
CCAs now exist in 28 states

13. Changing Concepts of Supervision
The Casework Model:
Officer provided therapeutic services to clients to assist them in living productively in the community
Brokerage of Services Model:
The officer determines the probationer or parolee’s needs & makes referrals to appropriate community agencies

14. Changing Concepts of Supervision, Cont’d.
Community Resource Management Team:
Individual officers specialize in specific treatment areas & develop linkages with community agencies
Justice Model of Supervision:
Escalated system of sanctions based on injury caused by offense
Probation considered a separate, distinct sanction with graduated penalties
Primarily assists offenders in complying with supervision conditions

15. Neighborhood-Based Supervision (NBS) 2001- Present
Also known as “community justice” or “broken windows probation”
Elements of NBS:
Emphasis on public safety
Partnerships with police, treatment providers, & faith-based programs
Supervision in the field
Strong & consistent enforcement of probation conditions
Use of satellite tracking & GIS technology
Rational allocation of resources based on offender assessments
Relying on performance-based initiatives to measure program effectiveness

16. Nationwide, Who is on Probation?
Probationer demographics have stayed fairly stable over time
About 60% of probationers have a direct probation sentence, 30% have a suspended sentence, 9% have a split sentence
Most probationers have been sentenced for drug or alcohol crime, followed by property crimes
Less than 20% are sentenced for violent crimes
Nationwide, 56% of probationers are white, 30% are African- American, 12% are Hispanic, 2% are Native American or Asian/Pacific Islander

17. Casey Anthony Probation
Casey Anthony was sentenced to one year probation for her check fraud conviction in a case that occurred before her murder trial, where she was acquitted in the death of her 2 year old daughter. Because of security concerns, the Florida Department of Corrections will not release the name of her probation officer or the location of the office where Ms. Anthony will report.

18. Community Corrections Acts
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See Community Corrections Acts by state, published by the Center for Community Corrections