Chapter Summary and Learning Objectives

Probation has a long history and is the most widely used correctional sanction in the United States today. Probation is a form of community supervision that can be imposed by the court either before or after conviction. The probationer must answer to a probation officer and the court and adhere to the conditions of supervision to avoid a revocation of probation and the imposition of a harsher punishment—usually a jail or prison sentence.

The probation officer plays a key role in this intermediate sanction, investigating the defendant’s background and needs, preparing a report to inform the court, and maintaining a supervisory relationship that works on both trust and discipline.

Probation departments use risk assessment and case management tools to allocate resources. Departments are typically underfunded, however, despite costing a fraction of what incarceration costs. Probation officers often have to handle huge caseloads.

Probation and alternatives to incarceration sit at the intersection of some of the most difficult and often conflicting purposes of the corrections system: balancing punishment with fairness, protecting public safety but reasonably limiting the use of expensive incarceration, and helping lawbreakers avoid future system involvement.

Alternatives to incarceration provide a range of options and help judges “customize” the consequences for individuals. They include ISP, electronic monitoring, day reporting centers, work release programs, drug courts, and drug treatment.

Society’s response to crime is still dominated by either the threat of or actual imprisonment, the harshest and most punitive measure. Despite the vastly higher costs for secure custody facilities, when budgets need to be cut, it is easier to reduce alternative programs than prisons and jails. This may be partly because alternatives have not fully taken hold in the system. The term itself—alternatives—suggests they are optional or peripheral. There is growing support, although not yet sufficiently strong individual leadership, from state and federal agencies mandating the expansion of alter- native programs. The clout of prison guard unions, lobbyists, and the political strength of the private prison industry all are factors in the slow growth of alternatives, as is the continued belief in tough-on-crime approaches. The effectiveness of probation and alternatives to incarceration is the subject of much inquiry. Probation and alternatives to incarceration have never received the wholehearted support and funding they need to fully test them. Evaluation is difficult, due to the complexity of administering these sanctions. At the very least, a serious exploration of alternatives, including shifts of resources away from traditional custody, could give new strategies and pro- grams a greater chance of success.

  • To be able to define probation, community corrections, and alternatives to incarceration.
  • To learn to explain the goals of probation and its role in the criminal justice system.
  • To understand the origins of intensive probation as well as its complexity.
  • To grasp the tension between law enforcement and rehabilitative approaches to probation and what leeway probation officers have to combine them.
  • To gain a sense of what probation officers do to investigate and supervise their clients.
  • To understand the interactions between the court, the probation officer, and the probationer.
  • To be able to discuss different alternatives incarceration and how effective they might be in increasing public safety.