History of the United States Probation Office
The first probation law in the United States was enacted by the Massachusetts legislature on April 26, 1878, but it was not until March 4, 1925, when the first statute providing for federal probation officers was signed by President Coolidge. For nearly a century, the federal courts had been using a form of probation without statutory authority, namely by the suspension of a term sentence during the defendant's good behavior. This practice, however, had been vigorously opposed by the Department of Justice. Finally, in 1915, the Attorney General filed a petition with the Supreme Court to vacate an order suspending a sentence entered by District Judge John M. Killits, in the Northern District of Ohio, on the grounds the order was beyond the powers of the court. In an opinion for the unanimous court, on December 4, 1916, Chief Justice Edward D. White ruled that the federal courts had no inherent power to suspend a sentence indefinitely. While probation legislation was suggested as a remedy, until enactment of such a law, the federal courts were subsequently without power to suspend sentence or use any form of probation.
When the court decision came down, there were more than 2,000 federal prisoners free nationwide on suspensions, and all would have to be taken into custody because their suspensions were invalid. The problem was resolved by two presidential proclamations in 1917, granting amnesty and pardon to specified classes of persons then under suspended sentences.
Efforts to enact a probation law were fraught with difficulties that the proponents of probation never anticipated. It was difficult to obtain agreement on a nationwide plan. As far back as 1890, Attorneys General and their assistants expressed strong opposition not only to a suspended sentence but to probation as well. At the time of the Killits decision, several bills had been pending in the House Judiciary Committee. In fact, one bill which provided for suspended sentences and probation (but no probation officers) passed the House and Senate in 1917, but on the advice of the Attorney General, President Wilson allowed the bill to die by "pocket veto". Between 1909 and 1925, there had been 34 bills introduced, unsuccessfully, to establish a federal probation law.
One of the prime movers for a federal probation law was Charles L. Shute, who was active with the New York State Probation Commission and General Secretary of the National Probation Association. Many members of Congress were unfamiliar with the concept of probation and even some judges confused probation with parole when corresponding with Mr. Chute. Judges were split in their opinions about probation in 1916. Some regarded it as a form of leniency, some favored it for juveniles only, while others favored suspending sentences. Three years later, in 1919, a survey of judges found more favorable disposition to probation but little need for salaried probation officers. In 1920, Mr. Chute succeeded in convincing the Attorney General to support a probation law. However, Congressmen Andrew Volstead of Minnesota, who was Chairman of the Judiciary Committee and author of the 1919 Volstead (Prohibition) Act, was opposed to any legislation which would interfere with his Act. He and other prohibitionists believed judges would place violators of the probation law on probation and countered by introducing a bill providing for a prison sentence for every violation of probation.
Finally, Senator Royal S. Copeland of New York introduced S-1042, which provided for a probation law which removed some of the recurring objections of the Department of Justice, particularly the costs required to administer such a law. The bill limited one probation officer to each judge.
The act itself provided for a probation system in the United States Courts and finally gave the court the power to suspend the imposition or execution of a sentence and place the defendant upon probation for such period and upon such terms and conditions as it deemed best. It also allowed the judge to revoke or modify any condition of probation or change the period of probation, provided the period of probation, with any extension did not exceed five years. A fine, restitution or reparation could be made a condition of probation as well as the support of those for whom the probationer was legally responsible. The probation officer was to report to the court on the conduct of each probationer and was given the power to arrest a probationer without a warrant. The court could discharge the probationer from further supervision or terminate the proceedings against him or extend the period of probation.
The act authorized the judge to appoint one or more persons to serve as probation officers without compensation and to appoint one probation officer with salary. A civil service competitive examination was required of probation officers to receive salaries. The judge was empowered to remove any probation officer serving in his court.
The entry level salary of a paid probation officer was $2400 a year and advanced to $3000 after 6 months. Applicants had to be high school graduates or have at least 14 credits for college entrance. If the applicant did not meet these requirements, but was otherwise qualified, he could take a non-competitive mental test. The experience requirements were at least one year in paid probation work or at least three years in paid systematic and organized social work with an established agency. The age requirement was 21 through 54 and retirement was age 70.
Enactment of the 1925 law did not bring probation officers into immediate existence. First, competitive examinations had to be held, which were not announced until August of 1926. A list of eligibles first became available in January of 1927, and the first salaried probation officer was appointed in April of 1927. By June of 1931, there were 62 salaried probation officers along with 11 clerks serving 54 districts.
Many courts at that time were using volunteers, these included deputy marshals, narcotic agents, assistant U.S. Attorneys, court clerks, lawyers, and even relatives. Subsequently, the original probation law was amended in 1930 to provide for appointment of probation officers by the court rather than the Civil Service Commission, permit more than one salaried probation officer for each judge, and for the judge then to designate one as the chief probation officer. While appointments were made by the court, salaries were set by the Attorney General, who also provided for the necessary expenses of probation officers, including clerical services and travel. The revision to the Act also provided for supervision of federal parolees. It further gave the Attorney General authority to oversee the work of probation officers with access to all records, and to make recommendations to the Court concerning their work. It also authorized the Attorney General to collect information and statistics for annual publication. The Attorney General delegated these functions to the Director of the Bureau of Prisons.
In 1930, the Department of Justice announced appointment standards with the ideal age being between 30 to 45 and at least one year of paid experience with a high school diploma. However, since the Attorney General had no means of enforcing the qualifications, appointments were to a large extent of a political nature, even relatives of the judge. Among those appointed as probation officers in the early years were deputy clerks, prohibition agents, tax collectors, policemen, marshals, salesman, a streetcar conductor, a farmer, a prison guard and a retired vaudeville entertainer. In January of 1938, new standards were announced including a college degree and at least 2 years of full time experience in an accredited professional family or social casework agency, a maximum age of 53, a "pleasing personality and good reputation", and sufficient physical fitness to meet standards prescribed by the U.S. Public Health Service.
In the December 1931 issue of Ye News Letter, the Federal Probation System's first national publication for probation officers, Col. Joel R. Moore, the first director of Federal Probation, reported on a day he spent with an officer in Camden, NJ. “Found him in a well-equipped office in the Camden County Court House. Surprised that he had, at his own expense employed a temporary stenographer. Know that some of you have done the same. Am not advocating such a course. We should see that you are provided with such an assistant. But we do consider that Dobbins and others who are thus spending their own funds for the much needed stenographic assistance are showing unusual interest in their work.” Moore recalled an office visit of a “self-confident argumentative woman, ex-bootlegger" who presented Dobbins with a physician's certificate that she must have liquor in her house at all times for her heart trouble. However, she "came out second best in her argument with the probation officer”.
In 1939, a bill to establish the Administrative Office of the Courts was approved by President Roosevelt. However, probation officers were excluded; the Department of Justice argued that the supervision of probationers and paroles was an executive function and should remain with the Department.
In 1940, the general supervision of the probation system came under the Administrative Office. In 1941, the Judicial Conference recommended definite qualifications for appointments: exemplary character, good health and vigor, an age at appointment between 25-45, a bachelor's degree, and no less than two years’ experience in personnel work for the welfare of others.
The investigation and supervision functions of the federal probation system in the early years were substantially the same as today. While presentence reports were prepared for judges for sentencing, they were perfunctory in many instances, some consisting of a single paragraph based on limited knowledge and even on biases and hunches. In 1930, a four page printed presentence worksheet served as the basis for a report to the court. It contained a limited space under such headings as: Complaint, Statement of Defendants and Others, Physical Condition, Mental Condition, Personal and Family History, Habits, Associates and Spare Time Activities, Employment History, Home and Neighborhood Conditions, Religious and Social Affiliations, Social Agencies, Institutions, and Individuals Interested, Analytical Summary Proposed Plan. These were outline headings generally followed by state juvenile and adults courts at the time and continued to be those recommended for federal probation officers to use.
Federal probation officers supervised only probationers until 1930, when the Parole Act of 1910 was amended to give them responsibility for supervision of parolees. In 1946, the Federal Probation System began supervising military parolees and, in 1947, began to supervise select juveniles whose prosecutions were deferred.
In November of 1987, the Sentencing Reform Act of 1984 took effect, and it changed criminal sentencing in the federal courts significantly. Parole was abolished and replaced with a term of supervised release after prison sentences, with the court retaining jurisdiction. The U.S. Sentencing Commission was established to develop sentencing guidelines for judges to follow in all felony and Class A misdemeanor sentences. The presentence report was modified to incorporate the probation officers' recommendation for application of the guidelines to the offense and responses to objections and comments by both defense and prosecution counsel.
In 1974, Congress enacted the Speedy Trial Act. Title II of the Act authorized the Director of the Administrative Office of the U.S. Courts to establish "demonstration" pretrial services agencies in 10 judicial districts. The goal was to reduce crime by persons released to the community pending trial and to reduce unnecessary pretrial detention. The agencies were to interview each person charged with other than a petty offense, verify background information, and present a report to the judicial officer considering bail. The agencies also were to supervise persons released to their custody pending trial and to help defendants on bail locate and use community services.
President Ronald Reagan signed the Pretrial Services Act of 1982. The Act authorized expansion of pretrial services from the ten demonstration districts to every federal judicial district (except the District of Columbia). It granted an 18-month evaluation period for each court to decide whether to establish separate pretrial services offices or provide pretrial services through the probation office. Consequently, each court chose the form of pretrial services organization that best met its needs, considering such factors as criminal caseload and court locations. Expanding pretrial services to all districts marked a significant milestone for what was now the "federal probation and pretrial services system." Now officers were involved in the criminal justice process from the time a person was arrested on a federal charge until he or she completed community supervision.
The Bail Reform Act of 1984 radically changed the pretrial process in that it permitted courts to detain dangerous defendants. Previously, courts did not consider danger to the community in deciding whether to release or detain persons awaiting trial. This new development increased the number of persons detained to such an extent that, within a few years, the nation faced a national pretrial detention crisis. The increase in detention rates affected where defendants were housed while awaiting trial and when trials were scheduled. It hampered access to defendants by pretrial services officers and other parties in the criminal justice process. As a result of the situation, the Judicial Conference of the United States implored Congress to provide sufficient funding for adequate housing and supervision of pretrial detainees and encouraged use of alternatives to incarceration for some defendants, including community supervision and home confinement.
Due to an increase in the prevalence of sexually-based offenses involving the exploitation of children, in 2006, Congress enacted the Adam Walsh Child Protection Safety Act as an amendment to the Bail Reform Act of 1984.
This legislation requires that defendants charged with specific crimes are subject to numerous mandatory conditions of release if admitted to bond. As such, Congress has removed judicial discretion in these types of cases and has placed specific mandates on pretrial services offices. Created a three-tier classification system for sex offenders, based on offense committed, and requires offenders to register according to their level. Officers monitor their compliance with registration while they are on supervision.
In 2005, a national training academy for new officers was established at the Federal Law Enforcement Training Center (FLETC) in Charleston, South Carolina. The academy provided the means to offer new officers training as soon as possible after they were appointed by their courts and to provide them with comprehensive and uniform training. In addition to new officers, the academy offered an ideal environment for training officers who served as firearms and safety instructors in their districts.
Records indicate that the first probation officer appointed in the Western District of New York was Edward L. Hanna in 1931. At the present time, there are 70 members of the probation staff, including 50 officers. The Chief is supported by one deputy chief and 9 supervisors. The U.S. Probation Office is comprised of two offices. The Buffalo branch office is located in the Robert H. Jackson Federal Courthouse. The Rochester branch office is located in the Kenneth B. Keating Federal Building. Currently, our office supervises over 1300 individuals across the 17 counties of Western New York.