Probation Rules, Definition and Ways How They Are Granted

Probation is a legal alternative to incarceration. It allows an offender to serve their sentence in the community while living under strict conditions. The US promotes probation to encourage rehabilitation and reduce prison overcrowding.

In this article, we will discuss the probation rules one must know and how they are granted to help you understand the intricacies behind probation. But first, let’s start with the definition.

What is Probation?

Probation is a court-ordered period of supervision. It can either be a part of a sentence or used instead of jail time for lesser offenses in individuals who show a low risk of reoffending.

The goal of probation is to rehabilitate an offender while ensuring public safety. During probation, you must follow strict conditions and even report to a probation officer.

Many people confuse probation and parole. Parole is mostly granted after a person has served a portion of their prison sentence. Unlike probation, parole is not given instead of jail time.

Common Rules and Conditions of Probation

When placed on probation, there are specific rules set by the court that probationers must follow. Violating these conditions can lead to severe consequences such as penalties, revoking your probation, and imprisonment.

Some of the common rules include:

• Offenders must have regular check-ins with the assigned probation officer during scheduled time.
• While on probation, offenders should avoid committing another crime, as this can result in harsher penalties.
•  Court often requires individuals to avoid using drugs and alcohol. There may be random testing.
• Offenders may be required to maintain a steady employment status or attend school during the probationary period.
• Sometimes, probation comes with travel restrictions. Offenders must remain within a designated area unless they get permission to travel.

Failure to comply with these conditions can result in a probation violation hearing where the court will decide on the next steps. These rules vary depending on the state and the offense committed.

How is Probation Granted?

The nature and severity of the crime determine whether or not you will get probation. For instance, non-violent and first-time offenses are more likely to result in probation. Individuals with a history of repeat offenses are less likely to receive probation because of their criminal history.

Additionally, if the judge believes the offender is likely to be rehabilitated and reintegrate into society without posing additional risks, probation may be seen as a more favorable option.

Probation is not an option for offenders who are considered a threat to the community. Sometimes, the judge may consider the opinions of the victim or their family during the victim impact statement before granting probation.

Whether or not an offender gets probation is determined during sentencing. The judge will determine if probation is suitable, set specific conditions, and inform the offender of their obligation. If the offender agrees to follow the terms, they are placed on probation and must follow the court-ordered rules immediately.

Types of Probation

Not all probation sentences are the same. Courts may order different levels of supervision depending on the nature of the crime. The common types of probation are:

• Unsupervised Probation. This involves no direct supervision. Offenders are not required to report to a probation officer but must still follow court rules.
• Supervised Probation. Here, regular checking with a probation officer is required. Offenders must also comply with strict conditions.
• Intensive Probation. This is a more restrictive probation that includes GPS monitoring, frequent home visits, and home detention.
• Shock Probation. The offender serves a jail period before being released on probation. The idea is to shock the offender and reinforce the consequences of their actions.

Conclusion

Probation balances punishment and rehabilitation. However, there are strict rules offenders must comply with. Failure to do so results in serious legal consequences. Offenders should seek legal guidance to ensure they complete the probation period successfully.