The Definition of Probation in California Criminal Justice

Probation can be an effective deterrent against future criminal activity.

Community supervision, known as probation or parole, offers criminals the opportunity to remain in society and demonstrate that they can become productive, law-abiding citizens. There are several types of probation in California, including unsupervised, supervised, juvenile, electronic monitoring and intensive.

Probation and Parole

Their is often a great deal of confusion between the definitions of probation and parole. Probation is community release granted to criminals, usually instead of incarceration. Parole is community release granted to inmates, juvenile or adult, after their release from prison.

Juvenile Probation

Juveniles who have committed a crime can also be granted probation by the courts. Probation officers monitor compliance with probation terms. Standard terms include: abiding by curfew; attendance at and participation in school, counseling and treatment; payment of court fees; completion of community service hours; submitting to alcohol and drug testing; remaining law-abiding; refraining from association with other criminals; submitting to searches and seizures; and abstaining from victim contact. Teen Court provides the option for a jury of the juvenile's peers to impose a sentence. Juvenile Drug Court specializes in addressing the needs of non-violent, drug or alcohol offenders. An electronic monitoring program is also available for teens with most of the same stipulations granted to adults.

Supervised Probation

Probation officers supervise offenders and monitor compliance with the terms and conditions of probation. Probation terms can include the following: obey all laws and report any police contact to your supervising probation officer; submit to search and seizure as directed by probation officer; complete any counseling as directed; pay all court fees; submit to drug and alcohol testing; do not associate with other criminals; have no victim contact without court permission and maintain gainful employment. Proposition 36, passed in November 2000, orders probation and drug treatment for certain non-violent drug offenses. Any defendant who does not comply with probation terms may be rearrested and have their probation revoked.

Unsupervised Probation

Unsupervised probation can be granted in cases when the defendant has committed a misdemeanor or a non-violent offense and has no treatment needs. These offenders are placed on much larger caseloads and do not maintain regular contact with their probation officer except to inform them of changes in residence or employment. Defendants are monitored for completion of community service hours and payment of court-ordered fees.

Electronic Monitoring

The Electronic Monitoring Program or EMP is available to low risk offenders and minimum security inmates who may opt for this home arrest program instead of imprisonment in the county jail. Participants are screened and supervised by probation officers while the defendant remains on home detention. EMP provides enhanced community supervision for appropriate criminals while minimizing jail overcrowding safely. The use of electronic ankle bracelets for surveillance supplements random direct contact by the probation officer. Offenders are assessed a fee for involvement in the program, pay restitution if needed, and attend any necessary counseling. Violators are rearrested and incarcerated.

Intensive Probation

Intensive Probation places tightened restriction on defendants who cannot comply with or who are not appropriate for standard probation supervision. It is often seen as the "last chance" prior to a prison sentence. Enhanced supervision may include curfew restrictions, increased office and home visits, increased alcohol and drug testing and stricter fee collections.

References

• Does probation and parole mean the same thing?
• Electronic Monitoring Program (EMP)
• Juvenile Supervision
• Propostion 36