Probation: Conditions Before The Bargaining Process

Conditions of Probation The setting of conditions during probation can be agreed upon even before the judge’s actual formal sentencing. Bargaining process is often allowed and it may impact on the final outcome of the probationer’s sentence, the length of probation and the condition of the probation. The judge will always be free to require additional conditions as he/she sees fit. Some of the conditions may include obeying of firearm ownership, obey requirement to pay fines and restitutions, remaining sober and drug free, refrain from associating with certain type of people, refrain from engaging in further criminal activities and be willing and ready to submit to various drug tests as may be required by the probation officer (Caputo, 2004).
The two roles mark the probation officers as law enforcement officers and as social workers. The supervised offenders may be on probation or parole, depending on their legal status. Since probation is a function of the judiciary, the offenders are usually under the supervision of the court. Offenders who have already served some time in prison are usually placed on parole after they are released and they are under the supervision of the executive branch of the government, which is the state department of corrections. Probation officers are officers of the court, and are therefore, expected to enforce court orders in that capacity. The officers may be required to administer and monitor programs, including alcohol and drug treatment. It may be necessary to develop appropriate plans that could assist in the transitioning probationers into the free society. The probation officers are also entitled to make arrests, perform searches and seize any evidence of wrongdoing (Caputo,
This is the law enforcement role of the probation officers. Due to their working with criminal offenders who may be dangerous, they are allowed in most states to carry firearms. It is always advisable that the probation officers spend most of their time in the communities in order to learn their cultures, customs and values and also learn the kind of resources that may be available to assist in the rehabilitation of offenders. Probation officers are usually measured on their effectiveness in relation to how the community is well protected from the offenders, as well as, how well the offenders are able to solve their problems related to crimes and become decent and law abiding citizens (Sieh,