Federal Probation
Encyclopedia
The Federal Probation Service or United States Probation Service is part of the Federal Judiciary and serves the United States district courts in all 94 judicial federal district
s nationwide and constitutes the community corrections arm of the Federal Judiciary. It administers probation and supervised release under United States federal law
.
) and introduced before Congress by United States Senator Robert L. Owen
of Oklahoma
. The bill provided for a suspension of a sentence, in U.S. District Court, and a sentence of probation. The bill also provided for compensation of $5 per diem
for Federal Probation Officers. This first attempt did not pass and through 1909 to 1925 there were 34 bills introduced to establish federal probation law.
In 1925, the Federal Probation Act was introduced by Senator Copeland as S.1042 and Representative Graham as H.R. 5195. The U.S. Senate passed in unanimously but the House passed the law by a vote of 170 in favor and 49 opposed. On March 4, 1925, President Calvin Coolidge
, a former Governor of Massachusetts
and very familiar with the benefits of a functioning probation system, signed the bill in law. This Act gave the U.S. Courts the power to appoint Federal Probation Officers and authority to sentence defendants to probation instead of a prison sentence. It later gave U.S. Probation Officers the responsibility of supervising offenders granted parole
by the United States Parole Commission
, military offenders and pretrial supervision. The responsibility of the United States Probation Service was first under the United States Department of Justice
, under the supervising authority of the Federal Bureau of Prisons
, however, in 1940 the Administrative Office of the U.S. Courts was established and assumed the responsibility.
U.S. Pretrial Services came along more than 50 years later, in 1982, with the Pretrial Services Act of 1982. It was developed as a means to reduce both crimes committed by persons released into the community pending trial and unnecessary pretrial detention. Twenty three districts have both separate U.S. Probation and Pretrial Services Offices. In the remaining 71 districts, the probation office provides pretrial services to the court.
United States Probation Officers, also referred to as Federal Probation Officers, are the only cadre of Federal Law Enforcement Officers in the Federal Judiciary. Despite their law enforcement status and authority within the federal government, their investigators are referred to as Officers, not Special Agents. The Federal Probation Office emphasizes their unique role as law enforcement officers and social case workers. They hold the responsibility to investigate and supervise persons charged with and convicted of crimes against the United States. They have statutory authority to carry firearms and have jurisdiction over felons convicted in federal courts.
Most districts require that all new officers attend the Probation and Pretrial Services National Training Academy at the Federal Law Enforcement Training Center
soon after coming on board. Officers are eligible for a 20 year retirement and must be appointed prior to their 37th birthday because the mandatory separation age is 57. Almost all districts require prior experience in a similar field, a background suitability investigation, drug test, and medical examination as a pre-requisite for hiring.
Federal Probation is unique to other federal law enforcement agencies in that they are regionally aligned to their judicial districts, rather than a single headquarters element. All officers within a district report to their Chief Probation Officer or Chief Pretrial Services Officer, who in turn serves the Chief District Judge. The national element is the Administrative Office of the United States Courts, Washington, DC, which provides administrative support to the courts, including staffing and other resources, and enforces policies promulgated by the Judicial Conference of the United States,the policy-making body of the Federal Judiciary.
Many districts have split their Probation Officers into Pre-Sentence Investigation Units and Supervision Units. Pre-Sentence Investigators conduct comprehensive investigations into the background of defendants convicted of federal crime
s. Upon completion of their investigation, they are required to employ the sentencing guidelines and submit a sentencing recommendation to the presiding judge. Often, they are also asked to confer privately with judges regarding their recommendation. Officers assigned to Supervision Units supervise felons convicted of federal crimes who are released into society on either Supervised Release or Probation. Supervision Officers must enforce court ordered conditions and are mandated to use their discretion and skills to mitigate the offenders risk to society. Both Supervision Officers and Pre-Sentence Investigators deal with a wide range of offenders, many of whom have extensive criminal histories. Federal Probation Officers also represent the United States Department of Justice in the performance of duties connected with federal parole.
Federal district
Federal districts are a type of administrative division of a federation, under the direct control of a federal government. They exist in various countries and states all over the world.-United States:...
s nationwide and constitutes the community corrections arm of the Federal Judiciary. It administers probation and supervised release under United States federal law
Probation and supervised release under United States federal law
United States federal probation and supervised release are imposed at sentencing. The difference between probation and supervised release is that the former is imposed as a substitute for imprisonment, or in addition to home detention, while the latter is imposed in addition to imprisonment....
.
History
The first legislation for Federal Probation Law was introduced in 1908, one of which was prepared by the New York State Probation Commission and the National Probation Association (later known as the National Council on Crime and DelinquencyNational Council on Crime and Delinquency
The National Council on Crime and Delinquency is a nonprofit, social research organization. NCCD was organized by fourteen probation officers who met at Plymouth Church in Minneapolis, Minnesota, on June 17, 1907, to establish a volunteer professional organization in the emerging field of probation...
) and introduced before Congress by United States Senator Robert L. Owen
Robert L. Owen
Robert Latham Owen, Jr. was one of the first two U.S. senators from Oklahoma. He served in the Senate between 1907 and 1925...
of Oklahoma
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
. The bill provided for a suspension of a sentence, in U.S. District Court, and a sentence of probation. The bill also provided for compensation of $5 per diem
Per diem
Per diem refers to a specific amount of money that an organization allows an individual to spend per day, to cover living and traveling expenses in connection with work...
for Federal Probation Officers. This first attempt did not pass and through 1909 to 1925 there were 34 bills introduced to establish federal probation law.
In 1925, the Federal Probation Act was introduced by Senator Copeland as S.1042 and Representative Graham as H.R. 5195. The U.S. Senate passed in unanimously but the House passed the law by a vote of 170 in favor and 49 opposed. On March 4, 1925, President Calvin Coolidge
Calvin Coolidge
John Calvin Coolidge, Jr. was the 30th President of the United States . A Republican lawyer from Vermont, Coolidge worked his way up the ladder of Massachusetts state politics, eventually becoming governor of that state...
, a former Governor of Massachusetts
Governor of Massachusetts
The Governor of the Commonwealth of Massachusetts is the executive magistrate of the Commonwealth of Massachusetts, United States. The current governor is Democrat Deval Patrick.-Constitutional role:...
and very familiar with the benefits of a functioning probation system, signed the bill in law. This Act gave the U.S. Courts the power to appoint Federal Probation Officers and authority to sentence defendants to probation instead of a prison sentence. It later gave U.S. Probation Officers the responsibility of supervising offenders granted parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
by the United States Parole Commission
United States Parole Commission
The United States Parole Commission is the parole board responsible to grant or deny parole and to supervise those released on parole to incarcerated individuals who come under its jurisdiction. It is part of the United States Department of Justice....
, military offenders and pretrial supervision. The responsibility of the United States Probation Service was first under the United States Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
, under the supervising authority of the Federal Bureau of Prisons
Federal Bureau of Prisons
The Federal Bureau of Prisons is a federal law enforcement agency subdivision of the United States Department of Justice and is responsible for the administration of the federal prison system. The system also handles prisoners who committed acts considered felonies under the District of Columbia's...
, however, in 1940 the Administrative Office of the U.S. Courts was established and assumed the responsibility.
U.S. Pretrial Services came along more than 50 years later, in 1982, with the Pretrial Services Act of 1982. It was developed as a means to reduce both crimes committed by persons released into the community pending trial and unnecessary pretrial detention. Twenty three districts have both separate U.S. Probation and Pretrial Services Offices. In the remaining 71 districts, the probation office provides pretrial services to the court.
United States Probation Officers, also referred to as Federal Probation Officers, are the only cadre of Federal Law Enforcement Officers in the Federal Judiciary. Despite their law enforcement status and authority within the federal government, their investigators are referred to as Officers, not Special Agents. The Federal Probation Office emphasizes their unique role as law enforcement officers and social case workers. They hold the responsibility to investigate and supervise persons charged with and convicted of crimes against the United States. They have statutory authority to carry firearms and have jurisdiction over felons convicted in federal courts.
Most districts require that all new officers attend the Probation and Pretrial Services National Training Academy at the Federal Law Enforcement Training Center
Federal Law Enforcement Training Center
The Federal Law Enforcement Training Center serves as an interagency law enforcement training organization for 90 United States government federal law enforcement agencies.-Location:...
soon after coming on board. Officers are eligible for a 20 year retirement and must be appointed prior to their 37th birthday because the mandatory separation age is 57. Almost all districts require prior experience in a similar field, a background suitability investigation, drug test, and medical examination as a pre-requisite for hiring.
Federal Probation is unique to other federal law enforcement agencies in that they are regionally aligned to their judicial districts, rather than a single headquarters element. All officers within a district report to their Chief Probation Officer or Chief Pretrial Services Officer, who in turn serves the Chief District Judge. The national element is the Administrative Office of the United States Courts, Washington, DC, which provides administrative support to the courts, including staffing and other resources, and enforces policies promulgated by the Judicial Conference of the United States,the policy-making body of the Federal Judiciary.
Many districts have split their Probation Officers into Pre-Sentence Investigation Units and Supervision Units. Pre-Sentence Investigators conduct comprehensive investigations into the background of defendants convicted of federal crime
Federal crime
In the United States, a federal crime or federal offense is a crime that is made illegal by U.S. federal legislation. In the United States, criminal law and prosecution happen at both the federal and the state levels; thus a “federal crime” is one that is prosecuted under federal criminal law, and...
s. Upon completion of their investigation, they are required to employ the sentencing guidelines and submit a sentencing recommendation to the presiding judge. Often, they are also asked to confer privately with judges regarding their recommendation. Officers assigned to Supervision Units supervise felons convicted of federal crimes who are released into society on either Supervised Release or Probation. Supervision Officers must enforce court ordered conditions and are mandated to use their discretion and skills to mitigate the offenders risk to society. Both Supervision Officers and Pre-Sentence Investigators deal with a wide range of offenders, many of whom have extensive criminal histories. Federal Probation Officers also represent the United States Department of Justice in the performance of duties connected with federal parole.
See also
- Federal Bureau of PrisonsFederal Bureau of PrisonsThe Federal Bureau of Prisons is a federal law enforcement agency subdivision of the United States Department of Justice and is responsible for the administration of the federal prison system. The system also handles prisoners who committed acts considered felonies under the District of Columbia's...
- Federal crimeFederal crimeIn the United States, a federal crime or federal offense is a crime that is made illegal by U.S. federal legislation. In the United States, criminal law and prosecution happen at both the federal and the state levels; thus a “federal crime” is one that is prosecuted under federal criminal law, and...
- Federal Probation ServiceFederal Probation ServiceThe Federal Probation Service came into existence in 1925, shortly after Congress passed the Federal Probation Act. The Federal Probation Act originally provided for the establishment of a probation system for all United States District Courts, except the District of Columbia, gave the court,...
- United States district courtUnited States district courtThe United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...