How long is a person '' on probation '' ?
The amount of time you are on probation depends on the offence and laws of your state. Typically, probation lasts anywhere from one to three years, but can last longer and even up to life depending on the type of conviction, such as drug or sexual offences.
What are some examples of the terms and conditions of probation?
A person who is placed on probation is usually required to report to a probation officer and follow a variety of conditions during the probation period.
Specific conditions may include:
Regularly meeting with your probation officer at set times.
Appearing at any schedule court appearances.
Paying fines or restitutions
( Monies to victims).
Avoiding certain people and places .
Not travelling out of state without the permission of your probation officer .
Obeying all laws, including minor laws such as jaywalking.
Refraining from illegal drug use or excerise alcohol use and or submitting to drug or alcohol testing.
Typically the conditions imposed relate to the type of criminal offence. For example, a judge may require you to submit to periodic drug testing or attend a drug rehabilitation program for a drug related offence . Similarly, a judge may require that you avoid specific people or group members for a gang related or battery type of offences.
History perspective of probation law in India :
The history of probation can be traced back to the medieval concept of benefit of clergy '' surviving in England and America until the middle of the 19th century ''. The privilege of ' benefit of clergy ' permitted clergy and other literates to escape the severity of the criminal law. In India, probation received statutory recognition for the first time in 1898 through Section 562 of the Code of Criminal Procedure, 1898. Under the provision of this section, the first offender convicted of theft, dishonest mis-appropriation or any other offence under the Indian Penal Code punishable with not more than two years imprisonment could be released on probation of good conduct at the discretion of the Court. Later, the Children Act, 1908, also empowered the court to release certain offenders on probation of good conduct. Similar provisions existed in the Children Act, 1960 which were repealed consequent to passing of the Juvenile Justice Act, 1986. This Act was further substituted by the Juvenile Justice (Care & Protection of Children) Act, 2000.
The Central Government appointed a committee in 1916 to consider the provision of the Criminal Procedure Code. Particularly, it suggested revision of Section 562 and extension of its provisions to other cases also.
The scope of probation law was extended further by the legislation in 1923. Consequent to Indian Jail Reforms Committee’s Report (1919-20), the first offenders were to be treated more liberally and could even be released unconditionally after admonition. The first offenders were classified under two categories, namely:—(i) Male adult offenders over twenty-one years of age; and (ii) Young male adult offenders under twenty-one years of age and female offenders of any age.
The release of offenders on probation could be extended not only to offences under the Indian Penal Code but also to offences falling under special enactments. To cope up with the extended probation, a number of Remand Homes, Rescue Homes, Certified Schools and Industrial Schools were established in Bombay, Madras and Calcutta.
The Government of India in 1931, prepared a draft of Probation of Offenders Bill and circulated it to the then Provincial Governments for their views. However, the Bill could not be proceeded further due to pre-occupation of the Provincial Governments. Later, the Government of India in 1934, informed the local governments that there were no prospects of a central legislation being enacted on probation and they were free to enact suitable laws on the lines of the draft Bill.
Consequently some of the Provinces enacted probation laws which assumed considerable importance because they introduced for the first time provisions regarding pre-sentence enquiry report of probation officer, supervision by paid and voluntary probation officer and compensation for injury caused to a person by the offender’s delinquent act. The probation laws enacted by Provinces, however, lacked uniformity.
After the Indian independence, certain concrete steps were initiated to popularise probation as a correctional measure of treatment of offenders. A Probation Conference was held in Bombay in 1952 on the advice of Dr. Walter Reckless, the United Nations Technical Expert on Correctional Services.
This Conference was a milestone in the progress of probation law in India. The noted American criminologist, Dr. Walter Reckless addressed the Conference as a U.N. technical expert and gave valuable suggestions on Prison Administration in India. Consequently, All India Jail Manual Committee was formed to review the working of Indian jails and suggest measures for reform in the system.
The Committee in its Report of 1957 pointed out that there was no liaison between the government, the probation personnel, the police, and the prison administrators in implementation of the probation law. The Committee also highlighted the need for a central law on probation with greater emphasis on release of offenders on probation of good conduct so that they are reclaimed as self-reliant members of society without being subjected to deleterious effects of prison life. Section 361 makes it mandatory for the judge to declare the reasons for not awarding the benefit of probation. In 1958, the legislature enacted the probation of offenders Act, which lays down for probation officers to be appointed.