What is Probation?
The purpose of Probation is to provide a manner for the offender to be rehabilitated in the community and make restitution to the victim(s), while providing a level of supervision for the offender and keeping the safety of the community in mind.
The types of Probation are:
Adult Formal Felony Probation
Adult Formal Probation Pursuant to 1210.1 PC ("Prop 36")
Adult Summary Probation
Juvenile Informal Probation
Juvenile Investigations
Juvenile Court Probation
Juvenile Deferred Entry of Judgment
Ward of the Court
The practice of granting probation can be traced back to the Middle Ages, when some offenders were released to the custody of clergy, a peacekeeping official, a relative or a friend in lieu of corporal or capital punishment. It was also common for children to be returned to their parents with instructions to discipline them appropriately.
We began to see this practice in the United States of the court releasing offenders to "responsible" members of the community, under certain conditions, approximately 160 years ago. John Augustus, a shoemaker in Boston, began frequenting the Police Court and convinced the judge to release a repeat offender to him under conditions of maintaining sobriety and learning a trade. Within weeks, the offender became a "model citizen," and Augustus was encouraged by the court to continue this practice with other offenders.
One and a half centuries later, granting probation remains the most prevalent disposition in adult and juvenile court. Those individuals, adult or juvenile, found by the Court to have been involved in criminal activity and appearing to be amenable to Probation are returned to the community for a period in which they are required to adhere to conditions as outlined by the Court and are monitored by a Probation Officer. The conditions are varied (i.e. restitution, sobriety, and employment) and are tailored to conform to the offender and the crime. Failure to follow these conditions is brought to the attention of the Court by the Probation Officer for further action.
So, in a nutshell, Probation is a disposition/sentence by the Court in which the offender is released back home, with rules ("conditions") to follow as ordered by the Court. Based on the sentence set forth by the Court, some offenders serve a period of confinement in county jail or juvenile detention and some do not. Some offenders are supervised by a Deputy Probation Officer to ensure the offender is following their conditions and to assist them in obtaining needed services, such as counseling. Based on their sentence from the Court, the type of Probation they are placed on by the Court, their offense, and other factors, some offenders are not supervised by a Deputy Probation Officer.
In some cases, juveniles are placed on Informal Probation by the Deputy Probation Officer and do not appear before the Court.
Youth can be on juvenile probation up to their 21st birthday, providing the offense they committed occurred before their 18th birthday.
The purpose of Probation is to provide a manner for the offender to be rehabilitated in the community and make restitution to the victim(s), while providing a level of supervision for the juvenile offender and keeping the safety of the community in mind.
The types of Probation are:
Adult Formal Felony Probation: These are adults who have been found guilty of a felony and are not sentenced to state prison. Some may serve a period of confinement in the county jail. Based on their offense and their criminal history, a determination is made as to the appropriate level of supervision by a Deputy Probation Officer. Deputy Probation Officers also investigate and prepare reports for the Court both before and after a defendant has been sentenced that provides the Court with the defendant's social and criminal history, as well as victim impact and restitution information. The Court uses this information to make further orders for the defendant to follow, such as restitution to the victim(s), fines, and counseling requirements.
Adult Formal Probation Pursuant to 1210.1 Penal Code ("Prop 36"): Individuals convicted of a "non-violent drug possession offense" are eligible to be placed on probation and receive court-supervised treatment in lieu of incarceration. Under California Penal Code Section 1210, "non-violent drug possession offense" is defined as the unlawful use, possession, or transportation of any controlled substance identified in certain sections of the Health and Safety Code. It does not include the possession for sale, production, or manufacturing of any controlled substance. Probation under 1210 Penal Code is typically granted for a period of three years, and offenders may receive treatment for up to one year with six months of "aftercare." Upon successful completion of treatment, offenders may petition the sentencing court for dismissal of charges. During the course of probation, if an offender sustains three separate violations of probation or is found to be "unamenable to treatment," probation under 1210.1 Penal Code will be revoked, and the offender will be subject to sentencing under current law to include possible incarceration.
Adult Summary Probation: These are adults who have typically been found guilty of a misdemeanor. Some may serve a period of confinement in the county jail. A person on Summary Probation may have a limited number of conditions to follow; typically their conditions are not as involved or prohibitive as a person on Adult Formal Felony Probation.
Juvenile Informal Probation: Youth who have committed a crime before their 18th birthday can be placed on Informal Probation (Section 654 Welfare & Institutions Code) by the Deputy Probation Officer if agreed upon by the youth and his/her parent. The youth and the parent/guardian sign a contract with the Deputy Probation Officer agreeing to accomplish certain tasks (conditions of probation). These youth have typically committed misdemeanor offenses or infractions and have limited or no delinquent history. Their condition of probation may include restitution to victim(s), community service, counseling, drug testing, etc. Youth who refuse to be placed on Informal Probation or fail to meet their conditions are typically referred to the District Attorney and the Court for criminal prosecution.
Juvenile Investigations: Before a youth receives a disposition (sentence) in Juvenile Court, a Deputy Probation Officer investigates and prepares a report for the Court with the youth's social and criminal history, as well as victim impact and restitution information. The Court uses this information to determine how a youth's case will be handled in Court. The Court will order the youth to comply with one of the following types of juvenile supervision.
Juvenile Court Probation: Youth who have committed a crime before their 18th birthday can be placed on six months Court Probation (Section 725 Welfare & Institutions Code) by the Juvenile Court. Their conditions of probation are usually lengthier, more involved, and more prohibitive than those on Juvenile Informal Probation. Probation conditions include fingerprinting and photographing of the youth and fines. Probation conditions may also include restitution to the victim(s), counseling, drug testing, submitting to the search and seizure of the youth's person, residence, and belongings, suspension or delay of driving privileges, Community Service, etc. If a minor fails to successfully complete the grant of six months Court Probation, he/she is typically returned to Court and may be adjudged a Ward of the Court.
Juvenile Deferred Entry of Judgment: Upon meeting certain legal criteria (Sections 790 and 791 Welfare & Institutions Code), youth who have committed a crime before their 18th birthday can be placed on Deferred Entry of Judgment by the Court. In order to be granted Deferred Entry of Judgment, the youth must admit to all the allegations/charges on the petition filed by the District Attorney. Youth are typically on Deferred Entry of Judgment for one year, but can be on Deferred Entry of Judgment for up to three years. He/she is ordered to comply with a variety of conditions, such as performing Community Service, paying restitution to the victim(s), attending counseling, submitting to drug testing, etc. The Court-ordered conditions are typically very similar to Wardship conditions; however, juveniles on Deferred Entry of Judgment are not subject to fingerprinting, fines, driving privilege suspension, nor a period of confinement. When a youth successfully completes his/her period of Deferred Entry of Judgment, the criminal charges against him/her are dismissed, and the criminal record pertaining to that case is sealed. If a youth should fail to successfully complete his/her Deferred Entry of Judgment grant, the youth is typically adjudged a Ward of the Court and sentenced on the original charges.
Ward of the Court: Youth who are adjudged a Ward of the Court (Section 602 Welfare & Institutions Code) are found "true" (juvenile legal terminology for "guilty") for criminal offenses committed before their 18th birthday, and are placed in the care and custody of the Probation Officer. Despite this legal terminology, the parents/guardians for Wards retain their parental rights and responsibilities. Most Wards remain in their parent/guardian's home. Some Wards are placed in the homes of relatives, foster homes, group homes, or ordered confined in the California Department of Corrections and Rehabilitation, Division of Juvenile Justice, formerly known as the California Youth Authority, based on the youth's criminal conduct, delinquent history, family dynamics, as well as the needs of the youth and the community. Wards of the Court also have Court-ordered terms and conditions they are expected to follow to include fingerprinting and photographing of the Ward and fines. Probation conditions may also include a period of confinement, restitution to the victim(s), counseling, drug testing, submitting to the search and seizure of the youth's person, residence, and belongings, suspension or delay of driving privileges, Community Service, etc.
Wards usually have restrictions regarding who they can associate with (i.e., they cannot associate with other Wards, gang members, individuals they have committed crimes with, etc.). When a Ward meets all the conditions of his/her wardship orders and shows a sufficient pattern of no new criminal behavior, the Deputy Probation Officer, in consultation with his/her Supervisor, will submit a recommendation to the Court for Wardship Termination. If the Court agrees with the recommendation, the youth's Wardship will be terminated, and the youth will no longer be supervised by the Deputy Probation Officer or subject to following the terms and conditions previously ordered by the Court. The youth may later petition the Court to have his/her juvenile record sealed. The petition will be granted or denied by the Court based on legal criteria.
If a Ward should fail to follow the terms and conditions ordered by the Court, he/she may be returned to Court and receive an additional period of confinement and/or additional Wardship conditions in an effort to help the youth rehabilitate and improve his/her behavior in the community.
A Ward who is under the supervision of the county probation department can remain a Ward until the youth's 21st birthday. A Ward who is committed to the Division of Juvenile Justice can remain a Ward until the youth's 25th birthday.
