Probation can refers as a punishment; a convicted offender is placed and maintained in the community under the supervision of duly authorized agent of the court. Probation can also refer refer to an organi organizati zation; on; the probat probation ion departm department ent manage manages, s, superv supervises ises and treats treats the offenders and carries out the investigations for court. According to Homer S. Cunnings; "Probation" is a method of discipline and treatment. If probationers are carefully chosen and the supervisory work is performed with intelligence and understanding, we can work miracles in rehabilitations. According According to einmen, einmen, "Probation "Probation is a methods methods of treating the offenders offenders by releasing releasing them on good behavior upon conditions prescribed by court and under guidance of probation officer." A compa compact ct definiti definition on of Probati Probation on can be stated stated as !Proba !Probatio tion n is a metho method d of treating treating correcting# suitably selected offender by releasing him into the community upon certain conditions prescribed by the court on conviction, before sentencing offender# generally upon supervision of Probation $fficer 1 %he philosophy of probation is one which believes that the average offenders are not actually dangerous criminals. Advocates of probation suggest that when offenders are institutionalized instea instead d of being being grante granted d commun community ity release. release. Probat Probation ion involv involves es a# the withho withholdi lding ng of imprisonment of the convicted offender, b# conditional release, c# permission to live in the community and d# supervision of an agent of the court. Probation is the sentence in which the offender rather than being incarcerated is retained in the community under the supervision of a prob probati ation on agen agency cy and and re&ui re&uire red d to abid abidee by cert certain ain rule ruless and and cond condit itio ions ns to avoi avoid d incarceration.
Background of Probation:
Probation Probation as a method of correctional correctional service service evolved after the criminolo criminologists gists and legal 'urists thought of means of reformation to criminals by giving them a chance to prove !their worth( worth( and not confine them to the prison prison bars. %he word !probati !probation( on( is derived from the )atin word “probatus” officer in this “probatus” meaning “tested” or “proved”. %he first Probation officer world is said to be *$+ A--/%-/, a 0oston 1obbler who is regarded as the the !2ather of Probation( who in 3453 volunteered to assist offenders if the court would release them to his care. care. As *ohn *ohn Augus Augustus tus was a cobble cobblerr operati operating ng in and around around the courts courts of 0oston, he daily used to watch the court proceedings of the criminals and used to wonder on the altern alternativ ativee method methodss availa available ble for the rectific rectificatio ation n of crimina criminals ls other other than than imprisonment, a method enabling the criminals to rectify their mistakes and lead a normal societal life far away from the dark side of criminal world. *ohn Augustus also had the self6 belief that young culprits convicted of criminal offence if sentenced to prison would make them more strong str ong hard and fast criminals by mi7ing with other old criminals. %hus %hus the entire entire life life of thes thesee culpr culprits its woul would d be ruined ruined if they they are are made made to to stay stay in in 'ails 'ails without without giving giving them a chance chance to reform themselves themselves or rectify their mistakes. mistakes. %his thinking led *ohn Augustus to formulate the concept of Probation who later in 3453 appeale appealed d to the court court to volunta voluntarily rily assist assist the offen offender derss and lead them to correct correction ional al methods if the court would release them to his care.
3
a'an, 8..,399:, 8ictimology in India, 3st edn., Ashish Publishing +ouse, ew elhi,p635
%here are five types of probation< /traight probation = offenders sentenced only for the probation. • /uspended sentence probation = 'udge pronounced for the 'ail or prison but the • sentences are suspended for the well behavior of the offenders. /plit sentence = single sentence divided relatively short term 'ail and probation • sentence for : years but > month in 'ail# /hock probation = offender initially send to prison but after few days recall to court • and placed on probation. esidential probation = structured probation but open and living environment. •
%he offender may be released on probation after the suspension of his sentence on the following two considerations, namely< 3# +is case may may be considered considered as as really hopefu hopefull when 'udicial 'udicial lenien leniency cy is e7pedient. e7pedient. ?# Probation Probation may be intended intended to serve serve a positive positive role as method method of guidance; guidance; assistance assistance and supervision supervision of the probationer probationer so that he may rehabilitate rehabilitate himself for the normal normal social life. As with the probation, the utilitarian aims of treatment and incapacitation have been the paramount goals of probation Process and procedure in probation: Probation can be viewed as a process with an identifiable beginning and end. %he process consist three basic stages< Placement of an offender on the probation. • /upervision and service delivery for the probationer. • %ermination %ermination of the probation. • The Probation of ffenders !ct" 1#$% 3. ele elease ase after after adm admon onit itio ion n ?. elease on enterin entering g a bond on probati probation on of good condu conduct ct with or without without supervis supervision. ion. @. Person Personss under under ?3 years of age are not to be sentenced sentenced to impriso imprisonme nment nt unless unless the court calls for a report from the probation officer. 5. %he %he perso person n relea released sed on prob probat atio ion n does does not not suff suffer er a dis& dis&ua uali lifi fica catio tion n atta attach ched ed to a conviction under any other law. &uties &uties of Probatio Probation n officers: officers: /taff officers in probation departments are usually charged with four primary tasks< Investigation, • Intake, • iagnosis and • %reatment /upervision. •
'unction of a probation probation officer: Probation officers are the individuals that supervise offenders who have been sentenced to non custod custodial ial sancti sanctions ons or those those released released from from incarce incarcerati ration. on. %he main main purpos purposee of the
probation officer appointed by the court is to help the offender in reforming re forming his character and a nd rehabilitating him in the society. avid ressler mentioned four types of techni&ues in his book Practice and %heory of Probation and Parole ( %hese are< )ateria* aid techni+ues If the probation officer thinks that the offender needs the financial help to return to the normal life and to lead an honest life; he can recommended for financial aid. 2or e7ample, if any 'obless labor is under the probation probation system the probation probation officer officer can help to get a 'ob in any mill or establishment if it helps him to lead a normal life and reform his character. ,-ecutive techni+ues %he offender can be sent to any organization or person or agency of the society who are related with the system and can help the offender by giving him specific aid, by the probation officer. 2or e7ample the offender can be sent to any legal organizer. uidance techni+ues %he probatio probation n officer officer can help help the rehabi rehabilit litati ating ng system system of the offen offender der by giving giving him different types of advice directly or indirectly. Counse*ing techni+ues %he probatio probation n officer officer can help help the rehabi rehabilit litati ating ng system system of the offen offender der by giving giving him different types of advice directly or indirectly.
Parent )anagement Training: %his scheme attempts to influence child behavior by teaching the parentsB of better parenting strategies. ParentsB of the children with behavioral problems tends to be inconsistent and punitive in establishing and enforcing rules, which often causes children to use loathing behavior such as droning to manipulate their environment. Parent management training offers the parentsB individual or group training at a school or clinic where they learn how to< 3# ?# @# 5# :#
1ommunicat 1ommunicatee clear e7pectati e7pectations ons about about behavior behavior to to their their children. children. Identi Identify fy positiv positivee and negativ negativee behavior behaviors. s. ecognize ecognize antecedents antecedents of problematic problematic behaviors. behaviors. Provide Provide positive positive conse&uenc conse&uences es for positive positive behavio behavior. r. Impose Impose non coercive negative negative conse&uences conse&uences for inappropriat inappropriatee and noncompliant noncompliant behavior behavior..
Parents are given home works, assignments etc. to practice the skills they are ac&uiring in the class and they receives feedback from the therapists. Parent management management training training programs also promo promotes tes positiv positive, e, shared shared family family e7perie e7perience ncess by !presc !prescrib ribing ing(( 'oint 'oint parent parent6ch 6child ild playtime or shared family recreational activities.
Paro*e ?
ressler, avid< Practice and %heory of Probation, 39:9, p, 3>C
“Conditiona* na* ,ar*/ ,ar*/ 0e*ease” 0e*ease” from Paro Parole le is the the othe otherr name name of “Conditio from Priso Prison n or *ail *ail under supervision, after serving a portion of the sentence that was sanctioned sanctioned for the offender. offender. %his practice presupposes that the offender has successfully demonstrated conformity to the rules and regulations of the prison environment and has shown an ability to conform to societyBs societyBs norms and laws. %he facts that parole involves involves some incarceratio incarceration n suggestion suggestion that the average parolee has committed a more serious crime than the average probationers and hence, poses a greater risk to the community.
According to /outherland and 1ressey, "Parole is the act of releasing or the status of being released released from a penal penal or reformato reformatory ry instit instituti ution on in which one has served served a part part of his ma7imu ma7imum m sentenc sentence, e, on conditio conditions ns of maintain maintaining ing good behavio behaviorr and remainin remaining g in the custody and under the guidance of the institution or some other agency approved by the /tate until a final discharge is granted". @ %he word parole in 2rench means !word,( and its use in connection with the release of prisoners was derived from the idea that they were released on their word of honors. %he practice of allowing prisoners to be released from prison before serving the sentence of imprisonment pronounced by the court goes back at least to 34th6century Dngland. At that time time almost almost all serious serious crimes crimes feloni felonies# es# were were punish punishabl ablee with with death, death, but only only a small small proportion of those who were convicted of felonies were actually e7ecuted. %he ma'ority of those who were sentenced to death were pardoned by thinking, but their pardon was granted on the condition that they consent to be transported to one of the colonies where labor was re&uiredEduring the 3Cth and 34th centuries this was America and, following American independence, Australia. Dventually the courts were given power to pronounce sentences of transportati transportation on themselves, usually for a period period specified specified in the sentence, sentence, but most sentences of transportation were modified by e7ecutive action. In particular, there developed the system of !ticket of leave,( under which a convict detained under a sentence of transportation was allowed a measure of freedom, or the right to return to Dngland, in return for good behavior. Fhen the sentence of transportation was abolished in the mid639th century, the sentence that replaced it in Dnglish law, penal servitude, incorporated the same procedure under a different name, release on license. %he prisoner sentenced to penal servitude could earn his release from the penitentiary, but not from the shadow of the sentence, by his good behavior in custody. As long as there have been prisons, societies have struggled struggled with how best to help prisoners prisoners reintegrate in society when they are released. In the -nited /tates, prisoners who have not ma7e ma7ed d out out are rele release ased d to paro parole le supe superv rvis isio ion n. Fhet Fhethe herr they they are rele release ased d thro throug ugh h a discretionary or mandatory process, mandatory process, the ma'ority of released prisoners will be sub'ect to some sort of post6prison post6prison or parole supervision. Parole is the responsibility res ponsibility of the e7ecutive branch of government. In most states, it is administered by a board or commission appointed by the governor.
Characteristics of the Paro*e S/stem:
a# A condit conditional ional release release from the prison prison after serving serving a specific specific portio portion n of sentence sentence b# Imposition of certain conditions for behavior c# ema emain inin ing g unde underr the the cont contro roll of the the offi offici cial alss of pris prison onGc Gcor orre rect ctio iona nall inst instit itut utio ion n or supervision by a parole or a police officer @
/outherland H 1ressey< Principles of 1riminology
d# eturning eturning to prison after completing completing the parole parole term. term. bective of Paro*e S/stem:
3# %o make the prison prison inmates inmates eligible for maintainin maintaining g the continuity continuity with his family family life and to deal with family affairs. ?# %o save the inmates inmates form the communal communal effects effects of continuou continuouss prison life. life. @# %o make the inmates inmates eligible eligible for the hang on to to self6confiden self6confidence ce and activating activating the interest interest in life of them. Parole agents or officers# are responsible for ensuring that parolees fulfill the terms of their contracts. ost agents have the legal authority to carry and use firearms and to search places, persons, and property without a warrant and without probable cause otherwise re&uired by the 2ourth Amendment to the -./. 1onstitution#. %he search power applies to the household where a parolee is living and the business place where a parolee is working. %he ability to arrest, confine, and, in some cases re6imprison a parolee for violating the conditions of the parole agreement gives parole agents a great deal of discretionary authority. Parole conditions conditions can be roughly classified as general, applicable to all parolees, and tailored, applicable to particular offenders. /tandard parole conditions are similar throughout most 'urisdictions and usually include not committing crimes, not carrying a weapon, seeking and maintaining employ employmen ment, t, report reporting ing change changess of address address,, report reporting ing to oneBs oneBs parole parole agent, agent, and paying paying re&uired victim and court restitution costs.
Condition o Paro*e : Parole is a conditional liberation the conditions are sometimes fi7ed by law; sometimes by parole board and sometimes by any other agency appointed for the purpose. 2ollowing are conditions which may be included in those conditions laid down by the authority concerned. • • • • • • • • • • •
)eading law abiding life. Abstaining from into7icating li&uor and drugs. Jeeping free from bad associates. /pending evening at home. efraining from gambling and other vicious habits. /upporting legal dependents. emaining in specific territory. ot changing residence or employment employment without permission. ot marrying without permission. ot becoming dependent on charity. charity. aking written of personal reports as re&uired etc.
0e*ease mechanisms @ ways out 66
&iscretionar/ re*ease2 release of inmate to conditional supervision# at the discretion of the parole board, within boundaries of sentence H law; inmate is sub'ect. )andator/ re*ease2 re&uired release of an inmate to conditional supervision# at the e7piration of a certain time period, as determined by law or parole guidelines. ,-piration re*ease2 release of an offender from custody no additional supervision#; offender may not be returned to prison for any part of sentence. applies in cases of commutation, pardon, or end of sentence.
Purpose of Paro*e:
2or individual offenders, the ma'or functions of imprisonment are retribution, removing danger dangerous ous people people from from the commun community ity,, rehabi rehabilita litatio tion, n, and specifi specificc deterre deterrence nce of future future offending after release. %he goals of parole supervision are similar and can be broadly conceived as !service( and !surveillance(< the rehabilitation of releases and facilitation of their reentry in a community and the deterrence of crime and crime6related behaviors. In this framework, framework, parole then serves as a sorting sorting function function by identifyin identifying g releases who fail &uickly &uickly and returning returning them to prison prison in order order to protec protectt commun communiti ities es and by makin making g services services available available to those who might most benefit benefit from them. /uccessful reintegration reintegration of offenders offenders protects the communities in which they reside. %hus, the purposes of parole supervision are more utilitarian, integrative, and rehabilitative than the purposes of incarceration; retribution recedes into the background . Po*ice and Paro*e Supervision:
Parole officers and local police agencies have long had close informal working relationships. In some 'urisdictio 'urisdictions ns the police police are routinely notified notified when a person is released on parole in their area. any parole officers officers regularly scan the arrest logs of police police department departmentss to see if parolees on their caseloads were picked up. +istorically, this task was simply defined as doing the 'ob. ore recently, more formalized partnerships between parole and probation agencies and police departments have sometimes been set up. As a retired chief probation officer noted 0urrell, ?KK:, p. :9>#< !Ironically, line officers have been collaborating for yearsEwith police officers, drug counse counselor lors, s, teache teachers, rs, psycho psycholog logists ists,, employ employmen mentt special specialist istss and othersE othersEwho who were were also involved involved with their clients. %he critical difference difference today is that these partnerships partnerships are forged at a higher level and are more formal(. %he -rban Institute recently published an e7cellent report summarizing several ongoing law enforcement programs designed to positively affect prisoner reentry )a 8igne et al., ?KK>#. Fhile parole officers in some agencies may arrest individuals, particularly for noncriminal violations of specific parole conditions, other officers may elect to have sworn police officers make such arrests, and some agencies re&uire it. 2ederal probation and parole officers are, by policy, directed not to e7ecute warrants.
Conc*usion:
+oweve +owever, r, our correct correction ional al progra program m faces faces variou variouss proble problems ms so the effecti effectiven veness ess of this this program is so much low. If our governments can overcome these problems then this population who serves s erves punishment in the prisons the can be the population organization for our country and they can play a great role for our development programs. Institution cans not lonely making correction to the offender so each person of the society will be advanced in making correction of the offenders. %he negatives attitudes will be removed to the offenders. After releasing from the 'ail we have give them some works on which matter he is able to do and we have to help them to preventing the stress.
0eferences Ahu'a am 399>#; “/ociological 1riminology”3India< ew age International publications )imited#. 0ohm obert . and +aley Jeith .< Introduction to 1riminal *ustice fourth edition#. 1hakrabarti, irmal Janti,3999, Probation /ervices in the Administration of 1riminal *ustice, 3st edn., eep H eep Publication Pvt. Pvt. )td, ew elhi,p63?>. elhi,p63?>. ressler, avid< Practice and %heory of Probation, 39:9, p, 3>C. Jashem 0in 399>#; “%he International *ournal( Paran'apee, .8. 1riminology and Penology, %welfth Ddition. India< 1entral )aw Publications. ?KK:. Probation and Parole." In %he +andbook of 1rime and Punishment . Ddited by . %onry. ew Lork< Lork< $7ford -niversity Press, 3994. a'an, 8. 8..,399:, 8ictimology 8ictimology in India, 3st Ddition, Ashish Publishing +ouse, ew elhi,p6 35.
