Probation officer
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| Criminal procedure |
|---|
| Investigating and charging crimes |
| Criminal investigation |
| Arrest warrant · Search warrant |
| Probable cause · Knock and announce |
| Exigent circumstance |
| Search and seizure · Arrest |
| Right to silence · Miranda warning (U.S.) |
| Grand jury |
| Criminal prosecution |
| Statute of limitations · Nolle prosequi |
| Bill of attainder · Ex post facto law |
| Criminal jurisdiction · Extradition |
| Habeas corpus · Bail |
| Inquisitorial system · Adversarial system |
| Charges and pleas |
| Arraignment · Indictment |
| Plea · Peremptory plea |
| Nolo contendere (U.S.) · Plea bargain |
| Presentence Investigation |
| Related areas of law |
| Criminal defenses |
| Criminal law · Evidence |
| Civil procedure |
| Portals: Law · Criminal justice |
Probation officers and parole officers function as agents or officers of the courts. Parole officers generally function as agents or officers of the Parole Board or the Department of Corrections. Probation officers serve under the court system as the enforcing arm of the court's sentence of someone who has been placed on probation.
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[edit] Probation and Parole in the United States
In the United States, there can be probation officers on the city, county, state or Federal level - wherever there is a court of competent jurisdiction. Probation Officers, depending on the jurisdiction, may or may not also be Parole Officers. Since the abolishment of parole in the Federal System in 1984, United States federal courts there are no essentially no Parole Officers on the Federal Level of the United States. However, there is a small and decreasing number of parolees still being supervised, that were sentenced before 1984, and U.S. Probation Officers serve as parole officers in that capacity.
Generally, Parole Officers investigate and supervise defendants who have not yet been sentenced to a term of incarceration. Transversely, Parole Officers supervise offenders released from incarceration after a review and consideration of a Warden, Parole Board or other parole authority. Parolees are essentially serving the remainder of their incarceration sentence in the community due to the excellent adjustment and behavior while an inmate. However, some jurisdictions are modifying or abolishing the practice of parole and giving post-release supervision obligations to a community corrections agent, generically referred to as a Probation Officer. Typically, probation and parole officers do not wear a uniform, but simply dress in business or casual attire. Probation officers are usually issued a badge/credentials and, in many cases, may carry firearms for self protection or serving arrest warrants. Parole Officers, in many jusrisdictions, are issued a badge and firearm and have arresting authority, up to, and including full police powers. Probation Agencies have a loosely based paramilitary command structure and are usually headed by a Chief Probation Officer or Director. The chain-of-command usually flows to Deputy Chief or Assistant Director, then to Supervisor or Senior Probation Officer, then to the line probation officer. Some Parole and Probation Officers supervise general caseloads with offenders who are convicted of a variety of offenses. Others hold specialist positions, and work with specific groups of offenders such as Sex Offenders, offenders sentenced to electronic monitoring (house arrest), cases with severe mental health, substance abuse, and violent histories.
A probation officer can perform any function assigned to him or her by the court. Either providing counseling and supervision to the criminal offender, working as the enforcement arm of the courts, or as the independent investigator that looks into the complete personal and criminal history of the criminally adjudicated defendant before sentencing. Parole officer and probation officer positions require that officers possess excellent oral and written communication skills and a broad knowledge of the criminal justice system and the roles, relationships, and responsibilities distributed among the courts, the parole authority the Bureau of Prisons or Department of Corrections and the prosecutor. Officers must have a college degree, thorough understanding of the legal requirements of probation and parole, and applicable case law. Additionally, they must have an ability to work with an extremely diverse population and wide variety of government agencies and community organizations. Officers who perform either presentence investigations or case supervision exclusively must have familiarity with the techniques and capabilities of the complementary discipline. Probation/Parole officers with law enforcment powers must attend a police academy as part of their training and certification.
[edit] Pre-sentence Investigation
Main article: Presentence Investigation
Probation Officers who prepare presentence reports must be especially skilled in gathering, organizing, and analyzing information. In the report and accompanying sentencing recommendation, the probation officer must assess the probability of risk to the community in the form of future criminal behavior, the harm the offense caused and the need for restitution, any profit the defendant received from the crime, and the defendant's ability to pay sanctions such as a fine, restitution or cost. The officer must identify the defendant's need for treatment to correct characteristics, conditions, or behavioral patterns that limit motivation or ability to obey the law and must assess the availability and suitability of rehabilitative programs. The preparation of presentence reports is critical not only to the individual offender and those directly affected by the offense, but to the systematic administration of criminal justice.
In the Federal System, after the offender's sentencing by the Court, the probation officer must ensure that copies of the pre-sentence report and other requested documents are forwarded to the U.S. Bureau of Prisons and the U.S. Sentencing Commission. In the U.S, pursant to the Privacy Act of 1974, a copy of the Presentence Report must be provided to each offender, or their counsel, before sentencing. After sentencing, the presentence writer must provide the offender with a written explaination of his or her conditions of supervision. If possible, the probation officer must also interview the offender after sentencing and instruct the defendant about the conditions of supervision that the court imposed.
[edit] Probation and Parole Officers in England and Wales
The National Probation Service is charged with supervising offenders and compiling relevant data regarding offender supervision. The duties of probation officers mirror the duties of their American counterparts with some notable exceptions. Probation officers make regular recommendations to Judges regarding an offender's progress and potential to contribute to the community after release. Additionally, probation officers will supervise a Restorative Justice plan that provides the victim of a crime an opportunity to address the impact of the crime to the offenders.
[edit] Probation and Parole Officers in Australia
Parole Officers in Australia serve an active role in recommending parole to Judges (who, in Australia, determine if Parole should be granted). Probation Officers are expected to not only supervise an offender while he performs community service, but to also develope the community service plans themselves.
