JUVENILE PROBATION

Juvenile probation is the oldest and most widely used “vehicle” through which a variety of court-ordered services are offered. Probation is a nonpunitive, legal disposition of juveniles emphasizing community treatment in which the juvenile is closely supervised by an officer of the court and must abide to a strict set of rules to avoid incarceration. It has taken many years for juvenile probation to develop into what it is today. Like any other law enforcement program, juvenile probation has strict rules that the youth under its care are required to follow. Same goes for the officers. Probation officers have guidelines and duties that have to be followed in order for the department to be functional.

The juvenile probation system urbanized with the evolution of the juvenile justice and court system in America as means to divide young lawbreakers from adult criminals. In response to the severity of the criminal law system during the 1800s, was the attempt to keep young lawbreakers out of institutions. “In the early 1840s, Boston shoemaker John Augustus identified a way of keeping people out of jail: he bailed them out and asked the court to continue their cases while he kept a close eye on them. In most instances, Augustus did not know these people personally” (Livers, 2012). Mr. Augustus would assure the judges that if released, the adults and children that he chose, would be under close supervision where he would note their general conduct, and make sure they were attending school or was supplied with some type of honest employment.

Over the next 50 years, probation supervision of juvenile delinquents became more frequent.

“In 1899, the Illinois legislature established a special court in Cook County that relied on informal procedures to assist children in trouble and is regarded as the world’s first juvenile court. It was in this court that the practice of probation and the role of the Probation and Parole Officer (PPO) took form. The National Probation Association was formed in 1907” (Livers, 2012).

Traditional probation is the backbone of community-based corrections. According to Siegel and Welsh, “In most jurisdictions, probation is a direct judicial order that allows a youth who is found to be a delinquent or status offender to remain in the community under court-ordered supervision and under strict rules and regulations” (Siegel, 2012). A probation sentence implies a contract between the court and the juvenile. The rules of probation vary, but typically involve the same type of conditions such as attending school and work, remaining in the jurisdiction, and staying out of trouble. If the rules set by the “contract” are violated, and especially if the juvenile commits another offense, the probation may be revoked which means the contract is terminated and the original commitment order may be enforced.

 

Rules mandating that a juvenile on probation behave in a particular way are the conditions of probation. As stated by Siegel and Welsh, “The conditions can include restitution or reparation, intensive supervision, intensive counseling, participation in a therapeutic program, or participation in an educational or vocational training program” (Siegel, 2012). Although probation conditions vary, they are never supposed to be impulsive, cruel, or beyond the capacity of the juveniles to comply with. Conditions should also relate to the crime that was committed and to the conduct of the youth.

 

The official duties of juvenile probation professionals vary from State to State and can even differ between jurisdictions within a single state. According to the Office of Juvenile Probation, “Juvenile Probation Officers are responsible for the guidance and supervision of juveniles between the ages of 10 through 17 years who are referred by local police departments, agencies or private citizens as a result of having committed a crime which is considered to be a misdemeanor or a felony” (Lancaster County, 2009).

According to Tom C. Rawlings, author of Juvenile Probation: History, Duties, Liabilities and Immunities,

“A probation officer:

(1)   Shall make investigations, reports, and recommendations to the court as directed by this article;

(2)   Shall receive and examine complaints and charges of delinquency, unruly conduct, or deprivation of a child for the purpose of considering the commencement of proceedings under this article;

(3)  Shall supervise and assist a child placed on probation or in the protective supervision or care of such probation officer by order of the court or other authority of law;

(4) Shall make appropriate referrals to other private or public agencies of the community;

(5) May take into custody and detain a child who is under the supervision or care of such probation officer as a delinquent, unruly, or deprived child if the probation officer has reasonable cause to believe that the child's health or safety or that of another is in imminent danger, or that the child may abscond or be removed from the jurisdiction of the court, or when so ordered by the court pursuant to this article” (Rawlings, 2012).

In summary, Juvenile Probation Officers are officers of the court, who assists the court and supervises juveniles placed on probation.

 

Developing along with the evolution of the juvenile justice and court system in America, the juvenile probation system was created as means of separating young lawbreakers from adult criminals. Thanks to the Illinois legislature in Cook County, the practice of probation and the role of the Probation and Parole Officer (PPO) took form. Probation can be seen as the “front end” of the juvenile justice system for first-time, low-risk offenders or as the “back end” as an alternative to institutional confinement for more serious offenders.  Officers are a vital part of juvenile probation. Officers are the ones who are involved in all four stages of the court process including; intake, predisposition, postadjudication, and postdisposition.  

Works Cited

Livers, Dr. Mary. "U.S.History." State of Louisiana. State of Louisiana Office of Juvenile Justice, 2012. Web. Dec. 2012. <http://ojj.la.gov/index.php?page=sub>.

"Office of Juvenile Probation." Lancaster County, PA Court of Common Pleas. County of Lancaster, 2 July 2009. Web. Dec. 2012. <http://www.co.lancaster.pa.us/courts/cwp/view.asp?a=472>.

Rawlings, Tom C. Juvenile Probation: History, Duties, Liabilities and Immunities. 2012. Power Point. Office of the Child Advocate. State of Georgia.

Siegel, Larry J., and Brandon Welsh. "Chapter 16 Juvenile Corrections:Probation, Community Treatment and Institutionalization." Juvenile Delinquency: Theory, Practice and Law. Andover: Cengage Learning, 2012. N. pag. Print.