Probation is the release of a convicted offender into the community by the orders of the court under the supervision of a probation officer. During probation the sentence remains under conditional suspension. The maximum period of time that a convict can be under probation is 60 months or 5 years.
This facility was initially extended to non-violent and first time offenders to give them a chance to reform and rehabilitate. Probation does not involve incarceration and is used to prevent the over crowding of jails. As such, probation is no longer limited to first time offenders or non violent criminals.
In case the probationer violates the terms of probation, he would be called back into court and sentenced to serve a term of incarceration.
Intensive Supervised Probation (ISP) is designed for convicts who pose a certain risk to the society. ISP involves rigorous conditions such as weekly reporting to the probation officer, participation in education programs, surprise random checks for drug testing and so on.
In Split Sentencing probation and prison sentences are combined.
When an inmate who has been released on probation breaks any condition of the same or commits any new offence, the conditional release on probation is liable to be revoked or taken away. In this respect it is similar to parole.
Unlike parole, probation is regulated by the orders of the court.
A probationer enjoys the following legal protections: -
Right to written notice of revocation proceedings including the alleged violations
Right to confront and cross examine the accusers
Right to know the reasons for revocation of probation
