Definition of Formal Probation

Abstaining from substance abuse is just one of the terms of formal probation.

Formal probation, also known as supervised probation, occurs when a probationer must personally report to his probation officer. Informal probation has several other names including court probation, summary probation and summary court probation. The decision to place an individual on formal or informal probation is determined based on the offense committed, although the judge has discretionary sentencing ability regarding certain crimes. Informal probation is granted for some misdemeanors or certain traffic offenses.

Probation Officers

A probation officer's job is to monitor the compliance of the defendants on her caseload. Standard probation caseload sizes range from 50 to 300, depending on the jurisdiction. Because of the economic conditions in many states from 2008 to 2010, caseload sizes have increased as some probation officer positions remain vacant. However, certain caseload ratios, such as intensive probation, are mandated by law and cannot exceed the maximum limit.

Terms and Conditions

General conditions of formal probation include: pay all court fees; abstain from all illegal substances; submit to drug testing as ordered; participate in counseling as ordered; do not leave the state without written permission from the probation officer; maintain gainful full-time employment or attend school full-time; do not move without permission; obey all local, state and federal laws; and do not possess any weapons. These terms differ little from county to county within a state and between states as well.

Transfer of Probation

Probationer requests to move out of state or transfer to a different jurisdiction are usually highly discouraged because of the intrinsic difficulties associated with these defendants. Most states do not want to deal with a felon from another state. Logistically, if the offender is rearrested, additional expenses are incurred for the receiving state. In any case, these cases must be screened and approved both by the supervising probation officer and by the receiving state. Transferring between counties is easier to negotiate and approved sooner and more often.

Probation Revocation

Failure to abide by even one of the terms and conditions of probation can result in probation revocation or return to the original sentencing court. At the revocation hearing, the judge can find the defendant guilty or not guilty. Although rare, if the defendant is found not guilty, nothing usually happens, and probation continues. If the defendant is found guilty, several things can happen, including: reinstatement with no new terms (rare); reinstatement with additional terms (common); reinstatement with additional terms including jail time (common); or revocation to prison (common). In addition to these sanctions, a defendant can be placed on a more structured program such as intensive probation supervision.

Early Termination

The early termination of probation may occur, but it is generally infrequent. The specific prerequisites for early termination include: no probation revocations; no commission of new crimes; all court fees paid and compliance with all other terms and conditions of probation. In addition, certain violent crimes and sex offenses are almost always ineligible for an early termination. Because of the high publicity drinking and driving has received since the mid-1990s, these cases often do not meet the requirements outlined for early termination.

References

• Probation.saccounty: Difference Between Formal and Informal Probation