Many common practices in probation are problematic or counterproductive. While juvenile probation practices vary widely from jurisdiction to jurisdiction, even officer to officer, the core element of the probation experience involves 1 a judge who imposes a list often a long one of rules and requirements that the young person must follow and 2 a probation officer who then keeps tabs on the youth to monitor compliance.
When youth on probation disobey these rules — by failing a drug test, breaking curfew or missing appointments — they may be found in violation of probation and punished accordingly, up to and including incarceration. At its best, probation offers court-involved youth who would otherwise be confined the chance to remain in the community and participate in constructive and therapeutic activities. But despite the dedication and admirable intentions of probation professionals, probation often pulls young people deeper into the system without offering the support and guidance that would put them on the right path and reduce the likelihood of reoffending.
As the most common disposition, probation plays a large role in perpetuating the vast and continuing overrepresentation of African-American, Latino and other youth of color in juvenile justice. Surveillance-oriented probation lags behind knowledge of youth development. The developmental arc of the human brain shows why this heavy emphasis on surveillance and rule following does not succeed.
The brain does not fully mature until age 25, and lawbreaking and other risky behaviors are commonplace during adolescence. Most youth grow out of lawbreaking without any intervention from the justice system. Given research on adolescent behavior and brain development and evidence about interventions that consistently reduce delinquency, the knowledge exists now to get juvenile probation right.
The Casey Foundation shares its vision for transforming juvenile probation into a focused intervention that promotes personal growth, positive behavior change and long-term success for young people with serious and repeat arrest histories. Types of Juvenile Probation. The juvenile may be placed on informal probation for up to six months.
If the juvenile successfully terminates this program, the case is then closed and filed away. However the Court has decided that instead of sentencing the juvenile, the case is placed on hold to allow the juvenile to participate in a six month diversion program with the Probation Department.
If the juvenile successfully completes the program the Court dismisses the alleged charges and the case is closed. If the juvenile fails to successfully complete the program then the Court finds the juvenile did violate the law and gives the juvenile a sentence. The Court imposes a series of terms and conditions that must be followed in order to successfully terminate the probation term.
This is only a six period probation term with specific probation terms and conditions. The supervision of the juvenile lies solely in the order of the Court, not on the Probation Department. Offenders who have previously committed misdemeanors are often remanded to a sentence of supervised probation. Juvenile offenders who need a very structured environment with strict guidelines and supervision are placed in an intensive supervised probation detail.
Offenders who have committed two felony offenses are usually remanded to this type of probation. This type of probation is most often in a group home environment where offenders leave for work and school and then return at night for household duties. If intensive supervised probation is violated, a longer jail sentence is imposed.
Kelly Banaski-Sons has been a writer since She is a featured expert for Bizymoms. She has a Bachelor of Science in criminal justice from Kaplan University.
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