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.

Explore the concept of probation in Chapter 4 by Micheal Weinrath, focusing on rehabilitative sentencing options commonly referred to as probation. Understand the role of probation officers, the forms of probation, and the conditions that may be associated with probation sentences.