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History of Probation/Pretrial Services

Beginnings of Probation and Pretrial Services

The Power to Suspend Sentences Although many states had passed probation laws, beginning with Massachusetts in 1878, probation was not established at the federal level until much later. For many years the federal courts had used a form of probation through suspending sentences. Increasingly, however, the U.S. Department of Justice disapproved of the use of the suspended sentence, believing that it infringed upon executive pardoning power and therefore was unconstitutional. The matter came before the Supreme Court in Ex parte United States, 242 U.S. 27. In what became known as the Killits decision, the Supreme Court in 1916 held that federal courts did not have the power to suspend sentence indefinitely and that there was no reason or right for the courts to continue the practice. The Supreme Court suggested probation legislation as a remedy.

A Controversial Sentencing Option

Establishing probation as a sentencing option in the federal courts did not happen quickly or easily. Opinion on the wisdom of doing so was sharply divided. Some federal judges were for probation, seeing it as an alternative to the sometimes harsh penalties they were compelled to impose. Other federal judges were against probation, finding it too lenient. Congress could not reach agreement on a national plan. The first bills for a federal probation law had been introduced in Congress in 1909. But it was not until 1925--and after more than 30 bills had been introduced--that one such bill became law.

Probation Act of 1925

The Probation Act of 1925, signed by President Calvin Coolidge, provided for a probation system in the federal courts (except in the District of Columbia). It gave the courts the power to suspend the imposition or execution of sentence and place defendants on probation for such period and on such terms and conditions as they deemed best. The Act also authorized courts to appoint one or more persons to serve as probation officers without compensation and one salaried probation officer.

Administration in the Early Years

Initially, the administration of federal probation was the responsibility of the Office of the Attorney General in the U.S. Department of Justice. Direct supervision fell to the superintendent of prisons, who was also in charge of prison industries and parole. In effect, federal probation officers answered to two authorities. Although the Attorney General set their salaries and provided for expenses such as clerical services and travel, judges appointed them. This arrangement changed in 1940, when general oversight of the probation system was transferred from the Federal Bureau of Prisons to the Administrative Office of the U.S. Courts.

Pretrial Services as an Experiment

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. Five of the agencies were administered by the Administrative Office and five by boards of trustees appointed by the chief judges of the district courts.

Pretrial Services Act of 1982

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.