1

Introduction
Probation is a court ordered sanction that allows a person
to remain in the community under the supervision of a probation-
er officer. The conditions of this community based supervision
can vary. It could include jail time, fines, restitution, commu-
nity service, or other sanction.
Probation can also require counseling, drug/alcohol re-
strictions, weapons restrictions and offender reporting to their
probation officer. If the person does not follow the rules of
their probation, they could go back before a judge and be sent
to jail or prison.
The mission of probation is to ensure public safety. Every
citizen has the right to be free from fear of harm to their per-
son or property.
The study is aimed to focus in the origin of probation,
consequences of violating probation, terms and conditions, the
disqualification and rules of probation.
This study is crated for the readers and researchers to un-
derstand the jurisdiction of probation.
We believe, everyone deserves a second chance
- Atty. William Umansky

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Origin of Probation
Harsh punishments were imposed on adults and children alike
for offenses that were not always of a serious nature were
traced to English criminal law of the Middle Ages.
This harshness eventually led to discontent in certain pro-
gressive segments of English society that were concerned with
the evolution of the justice system. Slowly but resolutely, in a
n effort to mitigate these inhumane punishments, a variety of
measures were devised and adopted. Royal pardons could be pur-
chased by the accused; activist judges could refrain from apply-
ing statutes or opt for a lenient interpretation of them; stolen
property could be devalued by the court so that offenders could
be charged with a lesser crime. Also, methods such as benefit of
clergy, judicial reprieve, sanctuary, and adjuration offered of-
fenders a degree of protection from the enactment of harsh sen-
tences.
Eventually, the courts began the practice of Binding over
for good Behavior, a form of temporary release during which of-
fenders could take measures to secure pardons or lesser sentenc-
es. Controversially, cert6ain courts began suspending sentences.
In the United States, particularly in Massachusetts, dif-
ferent practices were being developed. Security for good behav-
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ior, also known as good aberrance, was much like modern bail:
the accused paid a fee as collateral for good behavior. Filing
was also practiced in cases that did not demand an immediate
sentence. Using this procedure, indictments were laid on file
or held in abeyance. To mitigate unreasonable mandatory penal-
ties, judges often granted a motion to quash based upon minor
technicalities or errors in the proceedings. Although these
American practices were precursors to probation, it is the early
use of recognizance and suspended sentence that are directly re-
lated to modern probation.

Modern Probation
As a young professional in England, Hill had witnessed the
sentencing of youthful offenders to one-day terms on the condi-
tion that they are returned to a parent or guardian who would
closely supervise them. When he eventually became the Recorder
of Birmingham, a judicial post, he used a similar practice for
individuals who did not seem hopelessly corrupt. If offenders
demonstrated a promise for rehabilitation, they were placed in
the hands of generous guardians who willingly took charge of
them. Hill had police officers pay periodic visits to these
guardians in an effort to track the offenders progress and keep
a running account.
4

John Augustus, the Father of Probation, is recognized as
the first true probation officer. Augustus was born in Woburn,
Massachusetts in 1785. By 1829, he was a permanent resident of
Boston and the owner of a successful boot-making business. It
was undoubtedly his membership in the Washington Total Absti-
nence Society that led him to the Boston courts. Washingtonians
abstained from alcohol themselves and were convinced that abus-
ers of alcohol could be rehabilitated through understanding,
kindness, and sustained moral suasion, rather than through con-
viction and jail sentences.
In 1841, John Augustus attended police court to bail out a
common drunkard, the first probationer. The offender was or-
dered to appear in court three weeks later for sentencing. He
returned to court a sober man, accompanied by Augustus. To the
Astonishment of all attendance, his appearance and demeanor had
dramatically changed.
Augustus thus began an 18 year career as a volunteer pro-
bation officer. Not all of the offenders helped by Augustus were
alcohol abusers, nor were all prospective probationers taken un-
der his wing. Close attention was paid to evaluating whether or
not a candidate would likely prove to be a successful subject
for probation. The offenders character, age, and the people,
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places and things apt to influence him or her were all consid-
ered.
Augustus was subsequently credit with founding the investi-
gations process, one of three main concepts of modern probation,
the other two being intake and supervision. Augustus, who kept
detailed notes on his activities, was also the first to apply
the term Probation to his method of treating offenders.
By 1858, John Augustus had provided bail for 1,946 men and
women. Reportedly, only 10 of his number forfeited their bond, a
remarkable accomplishments when measured against any standard.
His reformers zeal and dogged persistence won him the opposi-
tion of certain segments of Boston society as well as the devo-
tion and aid of many Boston philanthropists and organizations.
The first probation statute, enacted in Massachusetts shortly
after his death in 1859, was widely attributed to his efforts.
Following the passage of that first statute, probation
spread gradually throughout the United States. The juvenile
court movement contributed greatly to the development of proba-
tion as a legally recognized method of dealing with offenders.
The first juvenile court was established in Chicago in 1899.
Formalization of the intake process is credited to the founders
of the Illinois juvenile court. Soon after, 30 states introduced
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probation as a part of the juvenile court procedure. Today, all
states offer both juvenile and adult probation.

Common types of Probation
Some types of probation that a judge will frequently order for
defendant are:
Unsupervised probation the offender will not be under
the direct supervision of a probation officer. However,
they are usually required to abide by general rules and
laws, such as the ones involved in their charges. Unsuper-
vised probation is generally only available for less seri-
ous crimes such as petty theft. It is also often known as
informal probation.
Supervised probation this requires the person to period-
ically check in with their probation officer, in addition
to following the prescribed rules. Check in appointments
may range from weekly visits to monthly telephone calls.
Community Control This is a more involved supervision
scheme wherein the persons activities and whereabouts are
constantly monitored. House arrest and ankle monitoring
devices are commonly employed in community control.
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Shock Probation involves the judge sentencing a maximum
jail or prison sentence. After a short period of jail
time, the judge will then release the offender in a stand-
ard probation program. The aim is to shock the person
into complying with probation requirements.
Crime specific types More serious offenses, such as drug
offenses or sex offenses may require that the offender
take additional steps such as obtaining counseling, reha-
bilitation, and placement on a local offender registry.
Another type of sentencing is known as diversion: it is
not technically a probation sentence. Rather, it is a
treatment program that begins even before trial starts. If
the offender completes the program successfully, they can
often have the case dismissed and their record purged of
the offense.


8

Terms and Conditions
107, the terms and conditions of probation, unless otherwise
prescribed shall be as follows:
The probationers shall:
(a) Report to the probation or parole officer at such times
and places as directed, comply with the probation or pa-
role officers instructions and responds truthfully to
all inquiries from the probation or parole officer;
(b) Comply with all orders of the court, board of parole or
probation, or parole officer, including any order for the
payment of the money;
(c) Obtain the probation of parole officers permission be-
fore changing residence or employment or traveling out of
state;
(d) Notify the probation or parole officer immediately of any
arrest, summons or questioning by a law enforcement of-
ficer;
(e) Diligently seek and maintain lawful employment, notify
probationers employer of his or her legal status, and
support dependents to the best of his or her ability;
(f) Not receive, possess, control or transport any weapon,
explosive or firearm, or simulated weapon, explosive or
firearm;
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(g) Be of good conduct, obey all laws, and be arrest free;
(h) Submit to reasonable searchers of his or her person,
property and possessions as requested by the probation or
parole officer and permit the probation or parole officer
to visit his or her residence at reasonable times for the
purpose of examination and inspection in the enforcement
of the conditions of probation or parole;
(i) Not associate with any person having a criminal record or
with other individuals as directed by the probation or
parole officer unless specifically authorized to do so by
the probation or parole officer;
(j) Not indulge in the illegal use, sale, possession, distri-
bution or transportation, or be in the presence of con-
trolled drugs, or use alcoholic beverage to excess;
(k) Agree to waive extradition to the state of New Hampshire
from any state in the united states or any other place
and agree to return to New Hampshire if directed by the
probation or parole officer; and
(l) Comply with such of the following, or any other, special
conditions as may be imposed by the court, the parole
board or the probation or parole officer:
(1) Participate regularly in Alcoholics Anonymous to the
satisfaction of the probation or parole officer;
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(2) Secure written permission from the probation or pa-
role officer prior to purchasing and/or operating a
motor vehicle;
(3) Participate in and satisfactory complete a specific
designated program;
(4) Enroll and participate in mental health counseling
on a regular basis to the satisfaction of the proba-
tion or parole officer;
(5) Not be in unsupervised company of minors of one or
the other sex at any time;
(6) Not leave the country without permission of the pro-
bation or parole officer;
(7) Refrain totally from the use of alcoholic beverages;
(8) Submit to breath, blood or urine testing for abuse
substances at the direction of the probation or pa-
role officer; and
(9) Comply with designated house arrest provisions.





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Indeterminate Sentence Law
The Probation Law has objectives similar to the indeterminate
sentence law:
(1) Rehabilitation and correction of the accused through in-
dividualized treatment;
(2) To give better chances for a repentant criminal to re-
form;
(3) Prevent further commission of crimes as he is placed un-
der the probation officers supervision;
(4) Decongest the jail;
(5) Save the government from spending money for maintaining
the accused in prison.

Probation may be granted whether the penalty is imprisonment or
a fine only. For imprisonment, the penalty should be 6 years or
less. Probation will be denied in any of the following circum-
stances:
(1) The accused needs correctional treatment that can best be
provided if he/she is committed to an institution;
(2) There is an undue risk that he will commit another crime
during the probation period;
(3) Probation will make the offense not look serious.
12

Regarding # 3, there is a case where an accused application for
probation was denied because he/she didnt comply with the
courts orders in 54 counts of BP 22 violations and instead a
simulated (fake) deed of sale (Santos vs. CA, GR127899, December
2, 1999).

Disqualifications
(1) The prison term exceeds 6 years (even if by just 1 day)
(2) Those convicted of subversion
(3) Those convicted of the following crimes against national
security:
(a) Treason
(b) Conspiracy and proposal to commit treason
(c) Misprision of treason
(d) Espionage
(e) Inciting to war and giving motives to reprisal
(f) Violation of neutrality
(g) Correspondence with hostile country
(h) Flight to enemy country
(i) Piracy and mutiny (piracy is an international crime
and can be tried by any country in the world).

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(4) Those convicted of the following crimes against public
order:
(a) Rebellion, insurrection, coup, sedition
(b) Illegal assemblies and associations
(c) Direct/indirect assault, resistance and disobedience
(d) Public disorders (tumults, alarms and scandals)
(e) Delivery of prisoners from jail
(f) Evasion of service of sentence
(g) Quasi recidivism
(5) Those who were previously convicted of a crime punishable
by at least 1 month and 1 day and/or a fine of at least
Php 200.00
(6) Those who were once recipients of probation (probation
can be granted to a person only once).
(7) Those who were already serving sentence when the proba-
tion law took effect (Martial Law years)
(8) Those enjoying benefits of PD 603 (The child and Youth
welfare Code) and similar laws
(9) Those who perfected an appeal (probation and appeal are
mutually exclusive remedies; you cant use both at the
same time).


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Rules of Probation
The following rules are designated to help keep you out of trou-
ble now and in the future. These rules cannot be changed without
the written authorization of your probation officers.
(1) Obey all laws and court orders
(2) Do not use or possess alcohol, illegal drugs or drug par-
aphernalia
(3) Do not possess or use guns, ammunition, knives, and/or
other weapons
(4) Get permission from your parents/guardians before leaving
home and make sure they know where you are at all times
(5) Attend school and classes on time every day, unless you
have an excused absence. You are expected to make passing
grades. If you are having trouble with a class, talk to
your teacher and probation officer. Ask in help and par-
ticipate in any tutoring classes offered by your school
or other resources arranged by your Probation Officer.
(6) You are required to obey school rules and report any sus-
pensions to your probation officer immediately
(7) If you have been legally excused from school, you must
work full time or attend an alternative education pro-
gram.
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(8) If you are unemployed, you must provided proof of five
(5) job applications per month
(9) You must notify your probation officer of any change of
address or telephone number immediately
(10) You must take urine screens as directed by your probation
officer
(11) You must keep all scheduled appointments as directed by
your probation officers
(12) You must report all arrests, citations, and traffic tick-
ets to your probation officer immediately
(13) You are not to leave Davidson country without prior per-
mission from your probation officer
(14) You must be at home between the hours of 8:00 p.m. and
6:00 a.m., Sunday through Thursday. You must be at home
between the hours of 8:00 p.m. and 6:00 a.m., Friday and
Saturday
(15) You are not to associate with anyone who is violating the
law
(16) You are not to associate with the following people:
(17) You are not to be at the following places:
(18) You must make your restitution payments on time
(19) You must perform community service work as directed by
your probation officer
(20) Additional rules and conditions:
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Probationers: I understand these rules of probation and any
probation officer of this court may search my property, my
room, my vehicle or me at anytime. I also understand that any
violation of these rules can result in my arrest and the fil-
ing of a petition with the court to revoke my probation.
Parents: I understand these rules and agree to report viola-
tions to the probation officer immediately. I further under-
stand that failure to report violations can result in my being
charged with contempt of court.


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Conclusion
Therefore I conclude that, prison/inmates are some of
the most maladjusted people in the society. Most of these
inmates have had too little discipline or too much, come from
broken homes, and/or have little or no self-esteem. They are
very insecure and are at war with themselves as well as with
society. Most inmates did not learn moral values or learn to
follow everyday norms. Also, when most lawbreakers are labeled
criminals, they enter the phase of secondary deviance. They
will admit they are criminals or believe it when they enter
the phase of secondary deviance. For example, we could give
these inmates a chance to obtain job skills; which will im-
prove the chances of these inmates have in becoming productive
citizens in the community. The program must aim to change
those who want to change. Those who are taught to produce use-
ful goods and to be productive are likely to develop the self
esteem essential to a normal, integrated personality. This
kind of program would provide skills and habits and replace
the sense of hopelessness.
And still, there are questions that many people ask.
Some says, is the declared law is very useful to everybody?
How come? Is it good for some criminals to be imprisoned over
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the crime they did? And, some victims and abused of crime will
remain victims because of declared probation?
There are so many questions that people have to ask.
And there are some who were really grudged because of the
crime cases sometimes becomes dismiss.
However, I am hoping for those probation officers to
use their minds to this declared law for good. And not for
making those inmates to be free over what they did.


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Bibliography

Atty. Umansky, William (1988), Attorney in Law
(http://www.orlandocrimedefense.com)

Augustus, John (june 21, 1785 - 1859), Father of Probation, Bur-
lington, Massachusetts
(http://www.courts.state.nh.us)

Atty. KenlaMance, Attorney at Law
(http://www.nyc.gov)

Pozon, Giancarlo Enrico S., PD. 968: The Probation
(http://www.csosa.gov)




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Appendices

Probation
Probation is a court ordered sanction that allows a person to remain
in the community under the supervision of a probationer officer. The
conditions of this community based supervision can vary. It could
include jail time, fines, restitution, community service, or other
sanction.
Origin of Probation
Harsh punishments were imposing on adults and children alike for of-
fenses that were not always of a serious nature were trace to English
criminal law of the middle Ages.
Modern Probation
As a young professional in England, Hill had witnessed the sentencing
of youthful offenders to one-day terms on the condition that they are
returns to a parent or guardian who would closely supervise them.

Common types of Probation
In this study, it declares the different types of probation including
Unsupervised, supervised, community control, shock probation and crime
specific types.

Terms and conditions
The terms and conditions declared for inmates and/or prisoners to be
follow.

Indeterminate Sentence Law
In here, it declares the some objectives of probation for prisoners.

Rules of Probation
This topic is all about the rules and regulations of all inmates that
shall be following in order for them to less their sentence of impris-
onment.