Probation Case

Probation

Probation may be described as the sentence imposed by a judge, under which an individual is convicted of the crime but remains out of prison conditionally subject to a specific set of requirements. A probation officer is assigned to monitor the activities of the person for the defined period and as imposed by the judge. In almost half the states, the same officer is responsible for the supervision of both parolees and probationers. In 2002, probationers exceeded parolees by about five to one - almost 4,000,000 to 750,000 (Foster, 2006).

Probation is generally accompanied by a "suspended sentence," which allows probationers to be free to spend time in the community as long as he or she adheres to the probation conditions. Probation can be revoked for violations of the conditions set forth; in which case, the offender is sent back to prison to serve the remaining period described in the suspended sentence. (15) According to 2001 statistics, approximately 592,000 prisoners were freed into the community after serving time in jail. Furthermore, it is estimated that in 2002 1,440,655 inmates were detained under the supervision and control of the Federal or State correctional system. The discretionary release from prisons on parole had been abolished by 16 States at the end of 2000 (Hughes & Wilson, 2010). The number of persons released on parole shows an increasing trend as there were 4,270,917 persons on probation in 2008 compared with 1,118,097 in 1980 (BJS).

In recent years, the terms involved in both probation supervision and conditions of probation are getting tougher. In several jurisdictions, probation is also awarded by judges in combination with a short jail term known as "split sentence." Probation, in the real sense, means; a disposition with setting different provisions to monitor behavior of the offender, a status allowing the offender to serve time freely in the community under supervision, a subsystem of criminal justice, and a process involving specific elements like supervising, reporting, and investigating (15).

The required conditions to be observed by the offenders fall into three different realms. First is known as "standard conditions" which is imposed on every probationer. The common requirements in standard conditions are reporting regularly to the probation office and remaining gainfully employed along with some other conditions. "Punitive conditions" is the second category established to show the gravity of the offense such as community service, fines, and house arrest etc. Third type is known as "treatment conditions" in which probationers are forced to deal with any major problems like family counseling or substance abuse. Revocation of probation usually takes place in two steps. The probationer is held in prison under a detainer until a hearing is conducted. After the hearing officer makes a