Probation

 Probation

i) History, development and definition

Probation is the suspension of a jail sentence—the individual who is "on probation" has been convicted of a crime, but instead of serving jail time, has been found by the court to be amenable to probation and will be returned to the community for a period in which they will have to abide to certain conditions set forth by the court under the supervision of a probation officer. The probation officer helps the offender adapt to living in the community; to guide and help them to behave in a lawful and responsible way.

The concept of probation, from the Latin word probatio—meaning testing period—has historical roots in the practice of judicial reprieve (Pardon).

In English Common Law, the Courts could temporarily suspend the execution of a sentence to allow the defendant to appeal to the Crown for a pardon.

Probation first developed in the United States when John Augustus, a Boston boot maker, persuaded a judge in the Boston Police Court, in 1841, to give him custody of a convicted offender, a "drunkard," for a brief period and then helped the man to appear rehabilitated by the time of sentencing. Even before John Augustus, the practice of suspended sentence was used as early as 1830, in Boston, Massachusetts, and became widespread in U.S. Courts, although there was no statutory authorization for such a practice. At first, judges used "release on recognizance" or bail and simply failed to take any further legal action.

By the mid-nineteenth century, however, many Federal Courts were using a judicial reprieve to suspend sentence, and this posed a legal question. In 1916, the United States Supreme Court held that a Federal Judge (Killets) was without power to suspend a sentence indefinitely, which is known as the Killets Decision. This famous court decision led to the passing of the National Probation Act of 1925, thereby, allowing courts to suspend the imposition of a sentence and place an offender on probation.

Massachusetts developed the first statewide probation system in 1880, and by 1920, 21 other states had followed suit. With the passage of the National Probation Act on March 5, 1925, signed by President Calvin Coolidge, the U.S./Federal Probation Service was established to serve the U.S. Courts.

ii) Probation as a treatment process

Probation is correctional treatment aimed at reshaping the personality of a criminal. It, therefore, is helping the criminal to reshape himself. A fully rehabilitated person is capable of effectively evaluating his or her actions.

A Well-planned and supervised programs for probationers may affect the rehabilitation and reintegration of probationers. This treatment process for probationers may include.

1. Individual and group counseling

This activity intends to assist the clients in trying to sort out their problems, identify solutions, reconcile conflicts and help resolve them. This could be done either by individual or group interaction with the officers of the Agency.

2. Moral, Spiritual, Values Formation

Seminars, lectures or trainings offered or arranged by the Agency comprise these rehabilitation activities. Active NGOs, schools, civic and religious organizations are tapped to facilitate the activities.

3. Work or Job Placement/Referral

Categorized as an informal program wherein a client is referred for work or job placement through the officer’s own personal effort, contact or information.

4. Vocational/Livelihood and Skills Training

The program includes the setting up of seminars and skills training classes like food preservation and processing, candle making, novelty items and handicrafts making, etc., to help the clients earn extra income. Likewise, vocational and technical trade classes are availed of such as refrigeration, automotive mechanic, radio/television and electronics repairs, tailoring, dressmaking, basic computer training, etc. through coordination with local barangays, parish centers, schools and civic organizations.

5. Health, Mental and Medical Services

To address some of the basic needs of clients and their families, medical missions are organized to provide various forms of medical and health services including physical examination and treatment, free medicines and vitamins, dental examination and treatment, drug dependency test and laboratory examination.

Psychological testing and evaluation as well as psychiatric treatment are likewise provided for by the Agency’s Clinical Services Division and if not possible by reason of distance, referrals are made to other government accredited institutions.

6. Literacy and Education

In coordination with LEAs programs, adult education classes are availed of to help clients learn basic writing, reading and arithmetic. Likewise, literacy teach-ins during any sessions conducted for clients become part of the module. This is particularly intended for clients who are “no read, no write” to help them become functionally literate.

Likewise, linkages with educational Foundation, other GOs and NGOs are regularly done for free school supplies, bags and uniform for client’s children and relatives.

7. Community Service

This program refers to the services in the community rendered by clients for the benefit of society. It includes tree planting, beautification drives, cleaning and greening of surroundings, maintenance of public parks and places, garbage collection, blood donation and similar socio-civic activities.

8. Client Self-Help Organization

This program takes the form of cooperatives and client associations wherein the clients form cooperatives and associations as an economic group to venture on small-scale projects. Similarly, client associations serve another purpose by providing some structure to the lives of clients where they re-learn the basics of working within a group with hierarchy, authority and responsibility much like in the bigger society.

9. Payment of Civil Liability

The payment of civil liability or indemnification to victims of offenders are pursued despite the economic status of clients. Payment of obligations to the victims instills in the minds of the clients their responsibility and the consequences of the harm they inflicted to others.

10. Environment and Ecology

To instill awareness and concern in preserving ecological balance and environmental health, seminars/lectures are conducted wherein clients participate. These seminars/lectures tackle anti-smoke belching campaign, organic farming, waste management, segregation and disposal and proper care of the environment.

11. Sports and Physical Fitness

Activities that provide physical exertion like sports, games and group play are conducted to enhance the physical wellbeing of clients. Friendly competition of clients from the various offices of the sectors, together with the officers, provide an enjoyable and healthful respite.

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