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WHY PROBATION FAILS

NCJ Number
49073
Journal
Judicature Volume: 59 Issue: 6 Dated: (JANUARY 1976) Pages: 288-292
Author(s)
I F REICHERT
Date Published
1976
Length
5 pages
Annotation
THE PROBLEMS OF OVERWORKED PROBATION DEPARTMENTS ARE SUMMARIZED AND GREATER USE OF SUMMARY PROBATION IS URGED.
Abstract
THE GROWTH OF FORMAL PROBATION CREATES THE NEED TO TAKE ANOTHER LOOK AT THE OPERATION OF THE TYPICAL PROBATION DEPARTMENT. GENERALLY, THE JUSTIFICATION FOR FORMAL PROBATION IS THAT THE PROBATION OFFICERS WILL HASTEN REHABILITATION, REDUCE RECIDIVISM, AND PROTECT THE COMMUNITY. FIGURES FROM THE ADULT PROBATION DEPARTMENT IN SANTA CLARA, CALIFORNIA, SHOW THAT FORMAL PROBATIONERS DO NOT FARE BETTER THAN THOSE RELEASED ON SUMMARY PROBATION. IN 1974 THE FORMAL CASELOAD WAS 150 PER DEPUTY PROBATION OFFICER, BUT BETWEEN 1975-1976 THIS NUMBER INCREASED. SOME DIVISIONS STILL HAD 150 BUT THE ALCOHOLIC SUPERVISION UNIT HAD 285.7 CASES PER DEPUTY. IN ADDITION, PROBATION OFFICERS MAY SPEND 50-70 PERCENT OF THEIR TIME IN PAPERWORK. SUCCESSFUL USE OF VOLUNTEERS IN ONE-TO-ONE PROGRAMS SUGGEST THAT OTHER AGENCIES MAY BE MORE EFFECTIVE IN MEETING THE PROBATIONER'S REAL NEEDS. IT IS SUGGESTED THAT THE COURTS MAKE GREATER USE OF SUMMARY PROBATION WITH REFERRAL TO COMMUNITY AGENCIES. RESTITUTION OR FINES COULD BE PAID TO A CLERK IN THE PROBATION DEPARTMENT AND THE CLERK'S OFFICE COULD INFORM THE COURT IF THE RESTITUTION OR FINE WAS NOT BEING PAID. THIS WOULD FREE TRAINED PROBATION OFFICERS FOR THOSE FEW OFFENDERS WHO NEED SPECIALIZED HELP. THE PROBATION DEPARTMENT SHOULD ALSO MAKE A GREATER EFFORT TO UTILIZE OTHER COMMUNITY RESOURCES TO HANDLE FAMILY AND SOCIAL PROBLEMS. A PROBATION PLAN SHOULD BE PRESENTED FOR EACH OFFENDER BEFORE FORMAL PROBATION IS ORDERED. THIS RESTRUCTURING OF FORMAL PROBATION CAN SAVE TAXPAYER MONEY, REDUCE FRUSTRATION AMONG PROBATION OFFICERS WHO NOW FEEL OVERWHELMED, AND GIVE RESULTS AT LEAST EQUAL TO AND PERHAPS BETTER THAN THOSE BEING ACHIEVED THROUGH TRADITIONAL FORMAL PROBATION. (GLR)

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