Discipline and Flourish: Probation and the New Correctionalism (From Hard Cop, Soft Cop: Dilemmas and Debates in Contemporary Policing, P 85-100, 2004, Roger Hopkins Burke, ed. -- See NCJ-206005)

• NCJ Number: 206011
• Author(s): Paul Sparrow; David Webb
• Date Published: 2004
• Length: 16 pages
• Sale Source: Willan Publishing
• Publication Format: Book (Softbound)
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This chapter examines the enforcement of probation conditions in Great Britain in its historical context and proposes a strategy for probation supervision in the 21st century.

Abstract

Issues of control in probation supervision have long been a central feature of its practice, certainly in the postwar era. Probation supervision initially was characterized by social work methodologies of casework that involved individualized treatment programs and a style of supervision that focused on the rehabilitative needs of the probationer. Over time, however, and as currently practiced, the probation officer has become little more than a criminal justice functionary who enforces probation conditions through punitive responses to any probation violation. The Criminal Justice Act 1991 introduced, for the first time, a set of National Standards that dictated, if not the nature of officer-probationer contact, then certainly the frequency of it. Subsequent editions of National Standards have further reduced probation officer discretion and ensured that enforcement of probation conditions is a primary duty of the probation officer; currently, a second missed appointment by a probationer without a valid reason requires a mandatory "breach" (violation) action by the officer. Policies that have increased punitive responses to probation violations have not been evaluated to determine their effectiveness. According to Farrell (2002), a more constructive approach to probation enforcement requires a shift from the current system, which castigates the noncompliant offender, toward an approach that provides incentives for probationers to maintain contact with the probation officer. The prospect of practical help with specific problems offers the strongest incentive for attendance at probation meetings. The use of robust assessment instruments that assist in guiding offenders into approved programs of supervision are among the most significant features of effective probation practice. A flexible approach to enforcement that takes into account the individual history and needs of the probationer promises to be the most constructive probation strategy. The current rigid approach to probation enforcement is unlikely to encourage compliance with probation conditions.