Probation Chapter 4 - Micheal Weinrath

Probation Overview

• Probation is the most common sentencing option after a determination of guilt, accounting for 88% of cases.
• It is a rehabilitative sentencing option that involves a judge assigning a set of conditions to an offender.

Types of Probation

• Conditional discharge/suspended sentence (up to 3 years) with standard conditions:
  • Keep peace and maintain good behavior
  • Appear before the court when required
  • Notify the court or probation officer of any change in name, address, employment, or occupation
• Conditional discharge/suspended sentence with standard and additional optional conditions:
  • Reporting to a probation officer
  • Abstaining from substances
  • Providing bodily samples (urine)
  • Making restitution
  • Completing up to 240 hours of community service
  • Abiding by curfew and undertaking treatment programs
• Conditional sentence plus probation of up to 3 years with optional conditions
• Split sentence of a fine and a period of probation of up to 3 years with optional conditions, or a jail sentence of up to 2 years less a day, and up to 3 years probation with optional conditions

View of Probation

• Probation can be viewed as a rehabilitative sentence, particularly in cases where a conditional discharge is granted.
• Successful completion of a conditional discharge results in no record of an offense.
• Probation can also incorporate punitive elements such as custody and restrictive conditions like a curfew.

Treatment for Offenders

• Treatment conditions may only be used if the offender agrees to participate actively in a treatment program approved by the province.
• The probationer is in control of whether or not they receive treatment.
• Treatment will not help individuals who are not interested in participating.

Probation vs. Parole

• Probation is administered by the courts, while parole is administered by a national or provincial parole board.
• A judge will assign 12 months of probation, and probation officers must go through the court to breach or revoke a probation order.
• Charges must be proven in court and may involve a trial.
• Parole is part of a custody term, and an offender serving 3 years may be released after 18 months on full parole by the parole board.

History of Probation

• Probation began in the United States in the 19th century by John Augustus.
• In Canada, probation was initially used for younger first-time offenders and was unsupervised.
• Supervised probation in Canada was only granted to young offenders with the passage of the JDA in 1908.
• Supervised probation for adults did not occur until 1921.
• The Ouimet Report (1969) advocated for expanded use of probation and a greater emphasis on community alternatives to custody.