Federal Probation

The Federal Probation Service or United States Probation Service is an agency that services the United States district court in all 94 judicial federal districts nationwide and constitutes the community corrections arm of the Federal Court System.

History

The first legislation for Federal Probation Law was introduced in 1909, one of which was prepared by the New York State Probation Commission and the National Probation Association (later known as the American Probation and Parole Association) 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. Some districts have both a separate U.S. Probation and Pretrial Services Offices. However, as of recent a trend to re-combine both of these offices are on the increase. This trend has increased since the budget crisis that resulted after the terrorist attacks of September 11, 2001.

There are 94 U.S. District Courts nationwide, which includes the U.S. Territories. U.S. Probation and Pretrial Services are located in 93 of them. (Probation and Pretrial Services for the District of Northern Mariana Islands are provided by the District of Guam.) Currently there are 5,000 U.S. Probation and Pretrial Services Officers nationally who work for the Federal District Courts.

United States Probation Officers, also referred to as Federal Probation Officers, are the only cadre of Federal Law Enforcement Officers unique to 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 Federal Law Enforcement Training Center upon initial employment. Officers are eligible for a 20 year retirement and must be appointed prior to their 37th birthday. 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 geographical districts, rather than a single headquarters element. All officers within a district report to their Chief Probation Officer, who in turn serves the Chief District Judge. The national element in DC performs an administrative function and does not hold operational authority over the various Chief Probation Officers.

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 crimes. Upon completion of their investigation, they are required to 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 and pose a serious threat to law enforcement officers.

ystem funding and administration

Congress annually appropriates funds for the Federal Judiciary, and the system's budget is part of that. This funding is used to pay employee salaries and support various programs for defendants and offenders such as substance abuse treatment and testing, mental health treatment, home confinement with electronic monitoring, and employment placement.

Unlike most federal agencies, the U.S. Probation and Pretrial Services System is only partially centralized. Local administration is in the hands of each of the Chief U.S. Probation and Pretrial Services Officers, who are directly responsible to the Courts they serve. The Chiefs do their own hiring, manage their own budgets, and retain considerable autonomy to run their offices and districts how they see fit. However, they are guided by national policies promulgated centrally by the Judicial Conference of the United States.

Two national entities provide oversight and support to the U.S. Probation and Pretrial Services System. The Judicial Conference of the United States, which is presided over by the Chief Justice of the Supreme Court and includes a group of committees that set policy for the U.S. Courts. The Judicial Conference Committee on Criminal Law has jurisdiction over the probation and pretrial services program.

The other oversight organization is the Administrative Office of the U.S. Courts (the "A.O."). The A.O. carries out the Judicial Conference's policies and provides the courts with a broad range of administrative, management, and program support. Within the Administrative Office of the U.S. Courts, the Office of Probation and Pretrial Services is delegated by the AO Director to the statutorily authorized responsibility of the AO Director to review the work of probation and pretrial services offices and make recommendations for improvement. OPPS also develops system policies, and support system programs, including information technology programs.

See also

* Federal Probation Service