2. the 19th century roots of community corrections

Probation
• The conditional release of a person convicted of a
criminal offense in lieu of a prison sentence for a
specified period of time.

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San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013

The 19th Century Roots of Probation

Seeking Alternatives to
Imprisonment


Sentencing in Early 19th Century America
(1820 – 1860)
• Jail

• Houses of Corrections

• Prison


19th Century Development of Incarceration
Alternatives
• Judicial Reprieve
• Filing
• Release on Recognizance
• Suspended Sentence


Birth of Probation
• 1830 Commonwealth v. Chase (recognizance)
• 1836 - Massachusetts Law allows court to release minor offenders
• 1841 - Judge Matthew Hill introduces community supervision and
suspended sentence (England)
• 1841 -1859 John Augustus “Father of Probation”


John Augustus (1841)

Established the essential elements of
probation:

• Investigation
• Selection of clients
• Maintenance of case files
• Community support and supervision
• Progress reports for courts


Criticisms of John Augustus

• Probation was too lenient of a sentence.

• Probation causes financial burdens on the courts.

• Augustus was seen as abrasive and contentious.


Probation in the post-Augustus Era 1860-1900
• Carried on by volunteers
• 1869 - Board of Charities Act created juvenile home
visiting program
• 1878 - Massachusetts Law allows the hiring of a
probation officer in Boston
• 1891 - Massachusetts extends probation to all municipal
courts
• 1898 – Vermont becomes second state to establish
probation law


Report on the Prisons and Reformatories of the United
State and Canada (1867)

Theodore W. Dwight
Enoch Wines


First Adult Probation Law (1878)

Chapter 198

Authorized the mayor of Boston the power to hire a probation officer for Suffolk
County.
Provided annual appointment of a “suitable person either from the police force
or from citizens at large” to become probation officers.
Probation officers remained under police control for thirteen years.


Chapter 198

• Bill indicated that probation was a form of mitigation.

• Specified those eligible for probation as “persons who are reasonably
expected to be reformed without punishment.”

• No legal restrictions were placed on defendants who were deemed eligible.

• All felony and misdemeanor defendants were candidates for probation.

• Lt. Hemmenway (Boston Police Department) – First probation officer
appointed under act.


The 20th Century Evolution of
Probation
Curing the Offender


National Probation and Parole
Association Founded 1907

Under leadership of Charles Chute
becomes leading advocate for creation of probation
system


Probation Expands (1900-1960s)
• 1903 Probation established in California
• 1913 Wisconsin passed first work release law
• 1916 - “Killits Case”
• 1925 –National Probation Act
• 1930 – most states enact probation statutes
• 1930s- Evolution of the Presentence Investigation Report


The Birth of Community Corrections

“With two-thirds of the total corrections
caseload under probation or parole
supervision today, the central question THE CHALLENGE
is no longer whether to handle
offenders in the community but how to OF CRIME
do so safely and successfully. Clearly, INA FREE SOCIETY
there is a need to incarcerate those
criminals who are dangerous until they A REPORT BY THE PRESIDENT'S COMMISSION ON
no longer are a threat to the LAW ENFORCEMENT AND ADMINISTRATION OF
JUSTICE
community. However, for the large bulk
of offenders, particularly the youthful,
the first or the minor offender, United States Government Printing Office Washington, D.C. '
February 1967

institutional commitments can cause
more problems than they solve.”


Historical Approach to Probation Work
Casework Approach and the Medical
Model:

•Emphasis on individualized
treatment through diagnosis and
assessment

•Treatment delivered by probation
officers with manageable caseload
and community resources


Critiques of Probation

•Unrealistic Expectations

•Fragmentation

•Inadequate Funding

•Low Status


Research on Probation in 1960s

• Impact of case sizes

• Impact of supervision

• Casework model effectiveness


Trends in Probation 1975 -2000
• Adoption of punitive sentencing
and decline of rehabilitation
• Offense-based presentence
investigation
• Emphasis on law enforcement
function
• Greater focus on victim retribution
• Declining funding
• Growing demands and role
confusion


Rediscovering Probation: Recent Trends
• Sentencing reform and the reemergence of
individualized intervention
• Reductions in imprisonment
• Expanded use of refined classification systems for risk
management
• Emergence of brokerage of service model
• Expanding probation resources through incentive based
legislation


Case Law on Probation and Revocation
• Mempha v Rhay (1967) (right to counsel at revocation)
• Morrissey v Brewer (1972) (due process at parole
revocation)
• Gagnon v Scarpelli (1973) (due process at probation
revocation)
• Bearden v Georgia (1983) (revocation restrictions)


Probation and Parole Revocation
Procedures
• Liberty interests and diminished due process rights
• Formal notice of violation
• Preliminary hearing
• Revocation hearing


Probation in California:
The Legislative Analyst Report (2007)
Key Findings:
• California probation failing to follow best practices due to limited
resources.

• Current funding model provides unintended incentives to revoke
probationers to state prison.

Recommendations:
• Provide financial incentives to counties to reduce probation
revocations to state prison by implementing best practices.

• Fund the new program from a portion of the savings to the state
resulting from incarcerating fewer probationers.


Probation in California


2. the 19th century roots of community corrections

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