PROBATIONARY SUPERVISION

Dr. Moirangmayum Sanjeev Singh

Assistant Professor
Centre for Police Administration
Panjab University
 Probationary Supervision
• Pre – Sentence Report
• Probation Revocation
• Probation Discharge
Pre-Sentence Report
• Pre sentence report of the probation officer is the fundamental document
for the guidance of the court whether to grant the benefit of probation to
the accused or not.

• A pre-sentence investigation report (PSIR) is a legal term referring to the

investigation into the history of person convicted of a crime
before sentencing to determine if there are extenuating circumstances
which should ameliorate the sentence or a history of criminal behavior to
increase the harshness of the sentence

• It includes the age, character or antecedents of the offender, and to the

circumstances in which the offence was committed
• The object of the pre-sentence report as provided in Section 7 of
Probation of Offenders Act, 1958 is to
• Appraise the court about character of the offender,
• Exhibit his surroundings and antecedents
• throw light on the background which prompted him to commit the
offence

• give information about the offenders conduct in general

• chances of rehabilitation on being released on probation.
• The courts have shown scant regard for the report because of
• the lack of faith in integrity and trustworthiness of the Probation
officer

• Unnecessary delay in the trial

• Wastage of time
• Under exploitation of the accused by the probation officer
• likelihood of biased report being submitted by him which would
jeopardize the interest of the accused and
Probation Revocation
• Defendants caught violating a condition of probation are subject to having
their probation revoked and all or part of the original suspended jail or
prison sentence imposed.

• Because one typical condition of probation is to obey all laws, a

probationer who is rearrested on even a minor charge may be subject to
penalties for both the current arrest and the probation violation.

• A revoked probation does not automatically mean you will be sent to jail.
A judge has a variety of options available during sentencing. For instance,
upon a revoked probation, a judge may add an extra length to
the probation, impose additional fines, or require you get counseling or
attend other treatment programs.
Does the Prosecution Need a New
Conviction for Probation Revocation
• If a probation violation is discovered and reported, it is likely that the court
will conduct a probation revocation hearing.
• the defendant violated probation by breaking a law, the probation
revocation hearing will probably take place after the new offense has been
disposed of.
• If the violation was not a new criminal offense but nevertheless broke a
condition of probation, then the revocation hearing may take place as
soon as practicable after the violation is reported.

• Defendants are entitled to written notification of the time, place, and

reason for the probation revocation hearing.
The Probation Revocation Hearing
• A probation revocation hearing happens in court.
• Both the defense and prosecution may present evidence to show
the judge why the defendant should or should not be subjected to
whatever penalty the judge originally ordered, but suspended.

• The defendant is allowed counsel at this hearing, but the judge

does not have to follow strict rules of evidence.
Probation Discharge
• The supervising officer shall file a request for the offender to be
discharged from supervision when the delivery of services is no longer
needed to protect the community and the offender has received
maximum benefits from supervision, or upon expiration of the offender's
term of supervision.
• Can be done in two ways
• Early discharge before the completion of the probation term

• After the completion of probation term

• Early discharge criteria
• The supervising officer shall annually review each offender on their caseload
to identify those offenders who are eligible for discharge. The results of each
review shall be recorded in the Generic Notes for each offender.

• The following criteria shall be utilized to determine when maximum benefits

have been achieved and the offender is eligible for early discharge:

• When all financial obligations are paid in full.

• When determined by the supervising officer that the delivery of services is

no longer needed to protect the public and the offender has reached
maximum benefits, usually half (½) the term of supervision.
• Consideration for determining early discharge

– Current offense.
– Level of supervision.
– Treatment performance.
– New arrests or convictions.

– All court ordered and/or District imposed conditions have

been satisfied.

– The supervising officer's impressions.

– Input from the victim/victims of the offenses .

• The Supervisor may approve exceptions to the above criteria, when
documentation is provided in the case file by the supervising officer.
• If special circumstances exist, which include but are not limited to death,
deportation, incarceration, or severe medical problems where the
offender cannot benefit substantially from supervision.
• Offenders who have reached their maximum discharge/expiration date
set by the Court
• The supervising officer shall initiate revocation proceedings if the
offender has failed to meet the conditions of probation, but at least
sixty (60) days prior to their discharge date
• The supervising officer may request an extension of supervision, if
deemed appropriate, depending on the charge type.
• Submitting field discharge reports

• Discharge requests shall be submitted to the supervisor thirty (30)

days prior to the offender's scheduled discharge date.
• need run to verify the offender has not been arrested during his/her
supervision period.

• The supervising officer will complete an Order of Discharge form

• The supervising officer will write a brief summary of the events that
occurred while the offender was on supervision.

• The supervising officer will document all financial obligations owed

and paid
• The supervising officer will submit his/her impressions of the reasons for
success or failure of the supervision.
• These reports may provide guidance for conduct of future cases.
• The supervising officer will forward the discharge report to the Supervisor
for his/her review, approval and signature.

• The supervising officer will forward the Discharge Report and Order of
Discharge to the Court for the Judge's approval and signature.