Probation is a supervision period over an offender, which is ordered by the court instead of having them serve time in prison.
Organization
Probation may be given to offenders on parole or certain crimes. The person on probation is assigned a probation officer who supervises and monitors their behavior. The probation officer is answerable to the Secretary of Corrections, who answers to the court. The probation officer keeps an eye on the offender and makes reports on their conduct and activities, and gives this report to the Secretary of Corrections.
There are several conditions, which are put in place to ensure that the person on probation leads a law-abiding life after his release. They may be put on community service or house arrest, depending on the nature of their crimes. They are also expected to avoid drugs and alcohol during this time, and not be arrested. They should also not possess any firearms. They should also participate in vocational skills training or educational ventures, or find jobs. They should not leave the jurisdiction without permission, and should consult with and expect visits from their probation officer. Their probation officer must always know their whereabouts. They must also fulfill their family duties and obligations, including the provision of child support. They should also be ready to submit to searches even without a warrant by their probation officers and other law enforcing officers. They must also comply with all other court stipulations as determined by the court, such as counseling sessions.
There are different levels of probation, depending on the type of crime. These are supervised, unsupervised, and intensive probation. Intensive probation involves many and frequent meetings with the probation officer, and the terms of probation tend to be stricter. It is also longer than the regular probation. They may also have to attend additional programs such as counseling sessions as the court finds fit.
Duties and powers of probation officer
Probation officers should investigate all cases that are referred to them for investigation by judges of various courts or the Secretary of Corrections. They are expected to keep informed regarding the condition and conduct of every person on probation that has been put under their supervision by visiting them, requiring reports, and through other ways. They are expected to report their findings in writing as frequently as the particular court or Secretary of Corrections may require. They are expected to use all suitable and practicable methods, which are consistent with the conditions stipulated by the courts or by the Secretary of Corrections, to encourage and aid the people on probation to make the necessary changes that will bring about improvements in their condition and conduct.
Within the first thirty days of the person's probation, the probation officer should take the person to a given prison unit which is maintained and run by the Department of Corrections for a tour. This is meant to make them appreciate the consequences that could arise from probation revocation better. The officer should also keep very detailed records of their work. These reports should be made in writing and given to the Secretary of Corrections as they may require. The officer is also supposed to perform any other duty as is required by the Secretary of Corrections with regard to the probation cases. The probation officer has, while in the execution of their duties, the power to arrest, and, to some degree, for the effective performance of their duties, the right to execute the process as given by law, to sheriffs in the State.
Works Cited
Gelsthorpe, Loraine. Handbook of Probation. 2007: Willan Publishers, New Jersey. Print.
Markham, Jamie. "G.S. 90-96 Probation." 12 July 2012. North Carolina Criminal Law. 31
October 2013 <http://nccriminallaw.sog.unc.edu/?p=3720>.
Oncle. "North Carolina General Statutes § 15A-1343 Conditions of probation." 12 August 2013.
Oncle. 31 October 2013 <http://law.onecle.com/north-carolina/15a-criminal-procedure
act/15a-1343.html>.
