What Is an Evaluation for Probation?

Before a judge sentences a criminal defendant to a term of probation, an evaluation and report is prepared for the court. The evaluation and report is the key piece of evidence used by the judge in sentencing an offender.

Intake Interview

The initial step in the evaluation process is an intake interview between the defendant and a probation officer.

Nature of Case

The evaluation for probation includes a close examination of the pending case. For example, if the case involves violent conduct, a recommendation for probation is less likely.

Criminal History

Through the evaluation process, the criminal history of the defendant comes into play. A defendant with no criminal history (or only a minor blemish or two on his record) will have the best chance for probation.

Substance Abuse

The evaluation includes a consideration of whether the defendant had or has a substance abuse problem.

Available Services

The evaluation considers where a defendant can receive the most appropriate services---through incarceration or a community-based program accessed through probation.

Support in Community

The evaluator will also examine what support the defendant has in the community. If the defendant has a healthy support network, a probation recommendation is more likely.

References

• Probation and Parole: Theory and Practice, Howard Abadinsky, 2008
• U.S. Department of Justice, Probation Statistics
• U.S. Courts, Probation

Resources

• American Bar Association, Section of Criminal Justice