University of Mindanao

Digos College

Correctional Administration

Non-Institutional
Correction
Ms. Lalaine dela Peña Madanlo
 Historical Background of Probation
Forerunners of Probation
Benefit of Clergy
The earliest device for softening brutal
punishment.
In the trial, no evidence against the
prisoner was presented by the King.
The defendant purged himself by
compurgators or witnesses testifying to his
truthfulness, and was usually acquitted, or if
found guilty by a jury of 12 clerks he was
“degraded and put to penance.”
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 Historical Background of Probation
Forerunners of Probation
Judicial Reprieve
Temporary withholding of sentence,
much used by early English Judges.

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 Historical Background of Probation
Forerunners of Probation
Recognizance
- Binding over for good behavior.
- Direct ancestor of probation.
- It originated as a measure of
preventive justice, involving an
obligation or promise, sworn to under
court order by a person not yet
convicted but thought likely from the
information before the court to commit
a crime, that he would “keep the
peace” and “be of good behavior.”

Non-Institutional Correction
 Non-Institutional Correction
Probation History
Early Probation and John Augustus
Concept of Probation:
Evolved out of the practice of judicial reprieve.
Used in English Courts to
serve as a temporary
suspension of sentence.
Suspended sentence
Courts were
using judicial 1830 - Used in
reprieve to Boston, USA
suspend 19th Release on
sentences Century recognizance or bail.
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Probation History
Early Probation and John Augustus
Courts were “A judge had always had
using judicial the power to suspend a
reprieve to sentence, if he felt for some
suspend reason that the trial had
sentences. miscarried. But could judges
suspend sentences
The power to wholesale, after trials that
suspend sentence were scrupulously fair, simply
was inherent in to give the defendant a
criminal courts only second chance?”
when this right had 1894
been granted by Court
the legislature. rulings: Litigated in New York
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Probation History
Early Probation and John Augustus
1916 The US Supreme Court, in a
case that affected only federal
John Augustus courts, ruled that judges did not
Pioneer of have the discretionary authority
Probation to suspend a sentence.
He applied the term The Congress could
probation in the authorize the temporary
practice of bailing or indefinite suspension
offenders out of court of sentence.
followed by a period A predecessor to
of supervised living in probation statutes.
the community.
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Probation History
Early Probation Statutes

1878
1880
1894
1897
1898
 Non-Institutional Correction
Probation History
Early Probation Statutes

1878 The Massachusetts legislature

enacted the first probation
1880 statute.
1894
1897
1898
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Probation History
1878 Early Probation Statutes

1880 The legislature granted to all

municipalities the authority to
1894 employ probation officers.
1897
1898
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Probation History
1878 Early Probation Statutes

1880
1894 Maryland
Authorized its courts to suspend a
1897 sentence generally or for a
1898 specific time, and judges could
“make such order to enforce
terms as to costs, recognizance
for appearance, or matters
relating to the residence or
conduct of the convicts as may
be deemed proper.
 Non-Institutional Correction
Probation History
Early Probation Statutes

1878
1880
1894
1897 Missouri
Enacted a “bench parole
1898 law”, which authorized courts
to suspend sentence under
certain conditions. The courts
also appointed probation
officers.
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Probation History
1878 Early Probation Statutes

1880
1894
1897 The second state to
1898 adopt probation
Vermont Authorized the appointment
of a probation officer by the
courts in each county, each
officer serving all the courts
in a particular county.
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Probation History
1878 Early Probation Statutes

1880
1894
1897
1898
Rhode Island
It place restrictions on who could be
granted probation, excluding persons
convicted of treason, murder,
robbery, arson, rape and burglary.
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Probation History
Probation at the Turn of the Century

1899 1913
1901 1919
1903 1925
1907 1939
1908 1956
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Probation History
Probation at the Turn of the Century

1899 Minnesota Illinois Colorado

1901
1903
1913
1907
1919
1908
1925
1939
1956
 Non-Institutional Correction
Probation History
Probation at the Turn of the Century

1899 Minnesota
Enacted a law that authorized
1901 by the appointment of county
1903 probation officers, but the
granting of probation was 1913
1907 limited to those 18 years of age.
1919
1908 After 4 years, it was changed to
21 years. 1925
1939
1956
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Probation History
Probation at the Turn of the Century

1899 Minnesota Illinois

1901 Enacted the historic Juvenile

Court Act, which authorized
1903 the world’s first juvenile court.
1907 1913
1908 1919
1925
1939
1956
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Probation History
Probation at the Turn of the Century

1899 Minnesota Illinois Colorado

1901 Enacted a compulsory

education law that enabled
1903 the development of a
1907 juvenile court using truant 1913
officers as probation officers.
1908 1919
1925
1939
1956
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Probation History
Probation at the Turn of the Century
1899 New York
1901 Legislation authorizing the
appointment of probation
1903 officers was enacted.
1913
1907
1919
1908
1925
1939
1956
 Non-Institutional Correction
Probation History
Probation at the Turn of the Century
1899
1901
1903 Probation for juveniles was
authorized in Pennsylvania and 1913
1907 extended to adults in 1909.
1919
1908
1925
1939
1956
 Non-Institutional Correction
Probation History
Probation at the Turn of the Century
1899
1901
1903
1913
1907 The first directory of probation
officers in the US was published. 1919
1908
1925
1939
1956
 Non-Institutional Correction
Probation History
Probation at the Turn of the Century
1899
1901
1903
1907 1913
1919
1908 Suffolk County on Long Island
appointed its first probation
officer.
1925
1939
1956
 Non-Institutional Correction
Probation History
Probation at the Turn of the Century
1899
1901
1903
1907
Texas enacted the Suspended
Sentence Act to provide an 1913
1908 alternative to incarceration, 1919
probation supervision of the
convicted offender was not 1925
required until 1947. 1939
1956
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Probation History
Probation at the Turn of the Century
1899
1901 Probation was authorized in
1903 Pennsylvania except for the
offenses of: 1913
1907 murder, administering poison,
1908 kidnapping, incest, sodomy, 1919
rape, assault with intent to rape,
arson or burglary of inhabited 1925
dwelling, a judge could suspend 1939
the sentence and place the
offender on probation. 1956
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Probation History
Probation at the Turn of the Century
1899
1901
1903
1907 1913
1908 1919
Probation was available
for juveniles in every state. 1925
1939
1956
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Probation History
Probation at the Turn of the Century
1899
1901
1903
1907 1913
1908 1919
1925
Probation in Alabama begun. 1939
1956
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Probation History
Probation at the Turn of the Century
1899
1901
1903
1907 1913
1908 1919
1925
1939
Probation was available for
adults in every state. 1956
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Probation History
Administration of Probation
The administration of probation services
can be separated into 6 categories, and a
state may have more than one system in
operation.
State
County Juvenile Federal
Municipal State combined
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Probation History
Administration of Probation

One agency administers a central

probation system providing services
throughout the state.
State
County Juvenile Federal
Municipal State combined
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Probation History
Administration of Probation

Under laws and guidelines

established by the state, a county
operates its own probation agency.

County
State Juvenile Federal
Municipal State combined
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Probation History
Administration of Probation

Separate probation services for

juveniles are administered on a county or
municipal level or a statewide basis.

Juvenile
County State Federal
Municipal State combined
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Probation History
Administration of Probation

Probation is administered nationally

as an arm of the courts. Federal probation
officers also supervise parolees.

Federal
County State Juvenile
Municipal State combined
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Probation History
Administration of Probation

Independent probation units are

administered by the lower courts or the
municipality under state laws and guidelines.

Municipal
County State Juvenile
Federal State combined
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Probation History
Administration of Probation

Probation and parole services

are administered on a statewide basis
by one agency.
State combined
County State Juvenile
Federal Municipal
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Probation History

2 Basic Issues Arise in the Administration of

Probation Services

Should probation be under

county or state jurisdiction?

Should probation be part of judicial

or executive branch of government?
 Historical Background of Probation
Noted Probation Personalities in the United
States
Gardner Tuff
 The Director of Massachusetts Board of
State Charities.
 In 1880, he reported that “the result of
probation in cases of juvenile offender
proved so decisively good that the
legislature authorized the City of Boston to
appoint a probation officer for adult
offenders in every city and town in the
state.
 Historical Background of Probation
Noted Probation Personalities in the United
States

Richard McSweeney
The first salaried federal probation
officer appointed in the District of
Massachusetts, and the second and third
officers followed shortly thereafter .

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 Historical Background of Probation
Noted Probation Personalities in the United
States
Margaret Staehli
In 1932, the first female officer
worked as a county probation officer, gave
up the title to enter the federal system in the
District of Minnesota as a clerk typist in 1931
when there was no authority to hire more
officers, and then became the first woman
named as a federal probation officer the
following year.

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 Historical Background of Probation
Noted Probation Personalities in the United
States

Pres. Calvin Coolidge

In 1925, President Coolidge signed
the Probation Act, which established
probation as a sentence in the federal courts
and authorized courts to appoint one or more
persons to serve as probation officers
without compensation and one salaried
probation officer.

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 Historical Background of Probation
Noted Probation Personalities in the United
States
Killits Decision
In 1916, before probation was a
sentencing option in the federal courts, some
judges - including Judge John M. Killits of the
Northern District of Ohio, were, in effect,
granting probation” by suspending sentences
indefinitely until the Supreme Court, in Ex parte
United States, 242 U.S. 27 (1916), known as the
Killits decision, held that federal courts had no
inherent power to suspend sentence indefinitely
and suggested probation legislation as a
remedy.
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 Probation in Other Countries
Probation System Difference
USA Similar Sentence Investigation
Canada  concepts Each province & territory
England  policies Each state has its own
Philippines  objectives Variance in Probation Act
procedure
 convicted and
 Trial Judge requires more
sentenced
information on the
 apply for probation
offender before reaching
 Trial Judge orders PO a decision regarding
to conduct PSI - PSI sentencing
Report  orders PO to conduct PSI
 National and local  offender is remanded in or
application out of custody