THE TASKS OF A PROBATION OFFICER RELATED TO THE MONITORING OF PERFORMANCE OF PROBATIONAL OBLIGATIONS DURING THE TRIAL PERIOD IN “O” CASES

The tasks of the probation officer who execute judgments in criminal matters, resulting from the Executive Penal Code, include, inter alia, control of the execution by the convict of probation duties imposed by a court judgment. Their aim is to educate and prevent the return to crime. In connection with the supervision of the performance of duties during the trial period without adjudicated supervision, probation officers have a number of tasks that are discussed in this article. It also addresses issues raised by probation officers in the scope in which the implementing provisions do not directly specify the obligations of this professional group.

COUNTERACTING MOBBING IN THE PROBATION SERVICE

This article discusses the issues related to the possible causes of mobbing in the professional group of probation officers and the issues of tasks and activities of the probation officer employer in situations related to the phenomenon of mobbing in the probation officer service. Due to the special position of probation in the administration of justice, the author focuses on the tasks of presidents of regional and district courts aimed at counteracting the phenomenon of mobbing. It refers to activities that seem advisable in the event of the initiation of appropriate proceedings and remedial actions in the event of confirmation of mobbing. The issue of mobbing in the probation service has not been covered by a broader analysis so far. The aim of this study was to indicate the tasks incumbent on the presidents of courts as persons performing the tasks of the employer towards the probation officer, related to counteracting the phenomenon of mobbing. It cannot be ruled out that the variety and specificity of tasks entrusted to probation officers, the nature of these tasks and the structure of the location of this group in the structure of the judiciary may cause doubts as to the implementation of tasks related to counteracting mobbing.

Do Triarchic Psychopathy Components of New Zealand High-Risk Parolees Predict Probation Officer Relationship Quality, Quality of Life on Parole, and Recidivism?

The Triarchic Psychopathy Measure (TriPM) is a self-report scale based on the Triarchic Model that has been little used in research in the criminal justice system. We sought to examine associations between pre-release TriPM components, probation officer relationships, and parolee quality of life, both measured after 2 months in the community, and reconviction 12 months after release. Using data from 234 New Zealand male high-risk prisoners, we tested four multivariate models each across three timepoints. Pre-release, we found Boldness was not predictive, but Meanness predicted poorer relationship quality after 2 months, both from probation officer and parolee perspectives, with the former in turn predicting reconviction within 12 months. Disinhibition predicted 12-month recidivism regardless of relationship quality or external life circumstances. This relationship to recidivism was partially explained in the final model which linked Disinhibition and poorer subjective wellbeing, with the latter in turn predicting recidivism.

Probation officer discretion in monitoring and violating supervision conditions

Probation is a sentence served in the community and includes a number of supervision conditions. If the conditions are violated, individuals could receive a sanction, including revocation. Not every violation, however, may receive a consequence. Probation officers have discretion for how they manage individuals on the caseloads. This study used qualitative data from two departments in a MidWest state in the United States, one rural and one urban, to explore officer decision-making in supervision. It is critical to examine these factors due to the high number of individuals revoked from probation each year. The study findings illustrate the factors officers use in monitoring conditions, as well as in violations and revocations.

THE MOST IMPORTANT GOALS AND MOST DIFFICULT ACTIONS TAKEN BY PROBATION OFFICERS. PRESENTATION OF SELECTED RESULTS OF RESEARCH WORK AS PART OF THE PROJECT: “THE PROFESSION OF PROBATION OFFICER IN POLAND: WORK…, MISSION…, PASSION…, ADVENTURE…?”

The profession of probation officer, with its vital goals and difficulties which need to be met, reflect the problems that occur in the modern family. The probation officer plays an important role in the counseling system. This is the result of both the statutory tasks assigned to them and the primary goals of the profession of probation officer. The article presents selected results of research conducted in 2015 and 2016 among professional probation officers from all over Poland, who presented their position regarding, for example, the understanding the role of probation officer, the goals of the job and the most difficult activities. The opinions of the respondents confirm that the role of probation officer goes far beyond control functions, and the effects must be viewed in the long-term dimension.

POWERS OF THE PRESIDENT OF THE COURT OVER THE PROBATION OFFICER

The article presents the issue of the powers of the president of the court in relation to professional probation officers who form the probation officer service in the area of jurisdiction of the district court. Due to the special location of court guardianship at the level of a district court and a regional court, the author focuses on the powers of presidents of regional courts and presidents of district courts, arising directly from the Act on probation officers or directly related to it. The aim of the study was to collect, systematize and organize the powers of court presidents under the Act on probation officers in such a way that it was possible to indicate which of these powers belong to the president of the regional court, and which belong to the president of the district court. The variety and specificity of the tasks entrusted to probation officers, the related task-related working time and the statutory self-government of this professional group may cause doubts as to the bodies authorized to exercise powers in relation to this professional group. Taking into account the organizational distinctness of the probation service in terms of supervision entrusted to the district probation officer, the author indicates the powers that the presidents of the district and regional courts have in relation to probation officers.

Selected elements of the work of a probation officer for family and juvenile cases

The presented article concerns the issues related to the work of a family probation officer in relation to the history, methodology, theory and professional ethics. The subject of the discussion are selected (the most important in the author's opinion) elements of the work, and the aim is to highlight the role of the probation officer in the environment of the charges, aspects of the entrusted tasks and conditions for effective conduct of the process of rehabilitation. The article deals with issues important from both theoretical and practical perspective. It indicates specific difficulties in conducting the process of rehabilitation in the area of family probation. Necessary elements in the area of work with juveniles and family, as well as forms and methods used in the undertaken activities have been specified. Theoretical considerations are presented from the perspective of many years of experience as a probation officer. The text presents statistical data relating to the actual workload (on the example of the chosen court). It is an attempt to indicate the work culture of the probation officer, aspects of entrusted tasks and conditions for effective resocialization. It indicates the essential (subjectively) elements in the work area with juveniles and family and the multitude of forms and methods used in the actions taken by the family probation officer. Theoretical considerations are supplemented by statistics on the actual workload (on the example of a chosen court). The article may serve as an introduction to further theoretical considerations and may provide practical guidelines for the activities of probation officers.

PROPER APPLICATION OF THE PROVISIONS ON SUPERVISION AND THE PROBATION OFFICER IN THE EXECUTIVE PENAL CODE (ARTICLE 55 § 2ND SENTENCE 2 OF THE E.P.C.)

In the Executive Penal Code (e.p.c.), in two places (art. 55 § 2 sentence 2 e.p.c. and art. 43d § 3 sentence 2 e.p.c.), the phrase "the regulations on supervision and guardianship apply accordingly" is used. It is a type of reference which is quite often used in legislative technique. Thanks to its use, it is possible to avoid repeating in a legal act the content that has already been applied to another situation. This allows the legal act to be more coherent, but sometimes there are problems of interpretation during the application of this standard. This is due to the fact that the rules that we are supposed to apply properly have been laid down for another legal institution and it can be very difficult to apply them to another situation. This article is devoted to the analysis of art. 55 § 2 sentence 2 e.p.c. It was made on the basis of legal regulations and available literature. Its aim was to try to decode the norm contained herein and determine the manner of its application. In this study, it has been pointed out that the above mentioned article was originally connected with the execution of custody sentenced to the penalty of restriction of liberty. However, due to the removal from the legal system of the possibility of using this type of supervision, at present, art. 55 § 2 sentence 2 e.p.c. should be used for the activities of a court superintendent related to organising and controlling the performance by the sentenced person (sentenced) of obligations imposed in addition to the penalty of restriction of liberty.

Probation Revocation

Probation revocation is an event in which the court, after finding that one or more probation violations have been proven, rescinds an individual’s probation sentence and executes a jail or prison sentence. Probation is a community-based sanction for criminal behavior, often represented as an alternative to incarceration. A person who is placed on probation serves a defined period in the community, during which the individual is subject to the supervision of a probation officer and must comply with and complete multiple conditions of probation. Probation conditions are requirements an individual is ordered to follow or complete during the period of probation. Conditions can include administrative requirements, such as reporting regularly to one’s probation officer; public safety requirements, such as no contact with the victim; and required programming or services, such as substance abuse treatment. If an individual fails to comply with or complete any of the conditions of probation, the probation officer can allege a probation violation to the court, detailing the noncompliant behavior. There are two main types of probation violations: new crimes and technical violations. When an individual commits a new offense while serving a term of probation, the offense can serve both as the basis for a probation violation and as a charge in a new criminal case. Violations of probation conditions that do not involve new criminal behavior are commonly referred to as “technical violations.” With the recognition of mass incarceration in the United States, attention has more recently been paid to the parallel growth of mass probation and the contribution of probation revocations to prison and jail populations. The Council of State Governments estimates that in 2017, 45 percent of prison admissions were due to probation and parole violations. Thus, more research and attention is being paid to determining how to reduce probation revocations. This article identifies points of discretion leading to probation revocation, discusses issues in defining probation outcomes, summarizes common predictors of probation revocation and recidivism, and discusses the impact of the form and intensity of probation on probation outcomes.