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Ronald Reagan Presidential Library
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Collection: Reagan, Ronald: Gubernatorial Papers,
1966-74: Press Unit
Folder Title: [Corrections, Board of] -
Coordinated California Corrections:
Field Services, July 1971 (1 of 5)
Box: P33
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Coordinated
California
Corrections:
FIELD
SERVICES
PAROLE
Correctional System Study
of OF
BOARD OF CORRECTIONS
HUMAN RELATIONS AGENCY
CALIFORNIA
July, 1971
CALIFORNIA CORRECTIONAL SYSTEM STUDY
Final Report
Human Relations Agency
Board of Corrections
James M. Hall, Chairman
Secretary, Human Relations Agency
Karl Holton, Vice-Chairman
Allen Breed
Probation Officer
Director of the Youth Authority
Los Angeles County (Ret.)
(Citizen Member)
Julio Gonzales
Vice Chairman
Michael N. Canlis
Youth Authority Board
Sheriff, San Joaquin County
Henry Kerr
Mrs. Eleanor W. Hiller
Chairman, Adult Authority
Chairman, Women's Board of
Terms and Parole
Edward Walker
Chairman, Narcotic Addict
R. K. Procunier
Evaluation Authority
Director of Corrections
State of California
Ronald Reagan, Governor
Sacramento
JULY, 1971
STUDY STAFF
Robert E. Keldgord, Program Director
Robert O. Norris, D. Crim., Associate Program Director
Miss Patricia A. Hagen, Secretary-Office Manager
Probation Task Force
Richard P. Gist, Director
Jack Allbright, Consultant
Ernest S. Bachelor, Consultant
Mrs. Joyce M. DeVore, Consultant
Wes DeWeert, Consultant
Harry A. Dudley, Consultant
Jack Gifford, Consultant
Sam Glane, Consultant
Russell D. Kokx, Consultant
David R. Matsler, Consultant
Francis E. Miller, Consultant
Miss Gwen M. Monroe, Consultant
Gilbert J. Negrette, Consultant
Arthur D. Nettles, Jr., Consultant
Miss Sylvia Newberry, Consultant
Leo M. Owen, Consultant
Joseph W. Phelan, Consultant
Rito Rosa, Jr., Consultant
Harley L. Ross, Consultant
Mrs. Gloria Steen, Consultant
Miss Marilyn Stewart, Consultant
Joseph J. Tavares, Consultant
Miss Lucille Toscano, Consultant
William A. Underwood, Consultant
Joel A. Ungar, Consultant
Juvenile Institution Task Force
Eugene O. Sahs, Director
Mrs. Edith Elkins, Consultant
Leonard Moncure, Consultant
William Pagle, Consultant
Willie Richardson, Consultant
Lawrence Stump, Consultant
Jail Task Force
Edward A. Veit, Director
Mrs. Willa J. Dawson, Consultant
Edgar A. Smith, Consultant
Prison Task Force
Gus Harrison, Director
William L. Kime, Consultant
Perry M. Johnson, Consultant
Parole Task Force *
Tully McCrea,
Co-Director
Mrs. Helen Sumner,
Co-Director
R. Barry Bollensen, Consultant
Edward F. Tripp, Consultant
Jeffrey Glen, Consultant
Lee F. Cumpston, Consultant
Frederick Howlett, Consultant
Don Gottfredson, Ph.D., Consultant
Walter Luster, Consultant
Dean R. Lantz, Consultant
Arnold Pontesso, Consultant
K. W. Ostrom, Consultant
System Task Force
Robert M. Brown, Jr.,
Co-Director
Donald L. Garrity, Ph.D.,
Co-Director
Special Consultants
Neeley Gardner
Daniel Glaser, Ph.D.
Richard A. McGee
Spencer Williams
Editor
Peter G. Garabedian, Ph.D.
Artist
Mrs. Lily Wong
Clerical Staff
Mrs. Lorraine Cook
Mrs. Shirley Houser
Miss Kathy Mackey
Miss Beverly Campbell
*The Parole Task Force Report was prepared, under contract, by the
National Council on Crime and Delinquency.
CITIZEN ADVISORY COMMITTEE
Honorable W. Craig Biddle, Co-chairman
Honorable James M. Hall, Co-chairman
California State Assembly
Secretary, Human Relations Agency
Chairman, Board of Corrections
Honorable Arthur Alarcon
Wesley Barrett
Judge of the Superior Court
Chief of Police
Los Angeles County
City of Oroville
Herbert L. Ashby
Honorable Bernard J. Clark
Chief Asst. Attorney General--Criminal
Sheriff
Department of Justice
Riverside County
Sacramento
Honorable Marie Bertillion Collins
Honorable Gordon Cologne
Judge of the Municipal Court
California State Senator
Oakland
Honorable John T. Conlan, Chairman
Robert Eckhoff
Board of Supervisors
Public Defender
Ventura County
Santa Barbara County
Herbert E. Ellingwood
Tony Garcia
Legal Affairs Secretary
Secretary-Business Agent-ILWU
Governor's Office
Port Hueneme
Allen Grant, President
Honorable Bertram Janes
California Farm Bureau Federation
Justice of the Third District
Berkeley
Court of Appeal
Sacramento
Kenneth Kirkpatrick
Chief Probation Officer
Elmer Kim Nelson, Jr., D.P.A.
Los Angeles County
School of Public Administration
University of Southern California
Charles J. Patterson, Ph.D.
Vice President
Mrs. Dorothy L. Schechter
World Airways, Inc.
Assistant County Counsel
Oakland
Ventura County
Honorable Ray Reynolds
Ted L. Smith
Judge of the Municipal Court
Chief Probation Officer
San Francisco
Placer County
Honorable Keith Sorenson
District Attorney
San Mateo County
INTRODUCTION: FIELD SERVICES TASK FORCE REPORT
It is the judgement of this study that correctional services can
best be provided if: (1) they are community-based (i.e. non-institutional),
and (2) the delivery of such services is accomplished at the local level
of government.
In respect to the value of community-based programs, the Corrections
Task Force of the President's Commission on Law Enforcement and Administra-
tion of Justice observed:
"A key element is to deal with problems in their
social context, which means in the interaction of
the offender and the community. It also means
avoiding as much as possible the isolating and
labeling effects of commitment to an institution.
There is little doubt the goals of reintegration
are furthered much more readily by working with
an offender in the community than by incarcerating
him".¹
Support for community-based correctional programs had earlier been expressed
in a 1964 study conducted by the Board of Corrections, in which it was ob-
served:
"The circumstances leading to delinquent and crim-
inal behavior are the product of life in the com-
munity, and the resolution of these problems must
be in the community. This proposition is based on
the assumption that local treatment has an inherent
advantage since it keeps the offender close to his
family and the important social ties that bind him
to conformity in the community.'
In respect to this study's view that the best correctional services
can be provided at the local level, support may also be found in the afore-
mentioned 1964 study by the Board of Corrections, which reported:
"Modern correctional theory takes the position that
the most effective correctional service should and
must be offered at the local level if it is to achieve
the greatest rehabilitative impact on the offender. "3
Unlike programs of institutionalization, which, by their very nature,
preclude maximum utilization of community resources, the field supervision
component of correctional services appears to have the greatest potential
for incorporating community-based support, as well as the greatest potential
for delivering services at the local level. This thought was reinforced by
the President's Commission on Law Enforcement and Administration of Justice
which suggested that field services are best able to reintegrate the offender
into society and to restore him to productive, law-abiding citizenship. In
accordance with views expressed in previous studies, and also in accordance
with data collected in the course of this study, it is suggested that correc-
tions can most effectively maximize its investment by concentrating its
efforts and resources on locally operated community-based supervision
programs.
In terms of volume, it is apparent that the vast majority of California's
correctional population participates in field supervision programs, rather
than in institutional programs. In April 1970, California had a correctional
population of some 274,000 persons; of this number, some 221,000 or about 81%,
were the subjects of field supervision, under the auspice of either probation
or parole. 4 Data furnished by the Bureau of Criminal Statistics reveal that,
for every 100 Superior Court convictions, 66 persons are placed on probation;
for every 100 referrals to Probation Departments by Municipal Courts, 70 defen-
dants are awarded probation. In terms of juvenile corrections, data reveal
that for every 100 youths who appear before a juvenile court, 62 youngsters
are granted probation. 5
When viewed from an economic vantage point, it is apparent that field
supervision is much less costly than institutionalization. According to the
Corrections Task Force Report of the President's Crime Commission, the average
yearly cost, nation-wide, of confining a youth in an institution was $3,400
in 1966, while probation supervision normally cost only about one-tenth of
that amount. 6 Current California data support this finding: the average cost
of maintaining a ward in a State operated youth facility in the fiscal year
1969-1970 was $6,371 ($6,754 for fiscal year 1970-71) while parole supervision
was provided for only $580 per year per ward. 7
Whether measured in terms of human values (such as preservation of the
family unit) or in terms of dollar savings, local field supervision of offen-
ders, incorporating community resources, represents the most effective and
least expensive means of dealing with both juvenile and adult offenders.
A review of the professional literature, along with data collected in
the course of this study, clearly identifies certain ingredients which are
essential for the construction and operation of adequate field supervision
services; among these ingredients are:
1. Clear designation of goals and policies and adherence to such
goals and policies.
2. Adequate manpower, both in the numbers of field supervision
officers and in the appropriate training of such officers. 8
3. Cooperation of key social institutions, such as the family and
the school.
4. Employment opportunities for probationers and parolees; inherent
in this ingredient is the necessity for the development of a
program whereby an ex-offender's past criminal misconduct may
not constitute a barrier to employment.
5. On-going research to determine effective classification procedures,
and to determine differential treatment practices which can be
VI
applied successfully to various types of probationers and
parolees.
6. Public education about the problems of reintegrating offenders
into the community, in order to elicit the community's cooper-
ation in carrying out specific field supervision efforts.
7. Improved administrative structure and practices.
8. Improved staff development, through intra and extra mural training.
9. Expanded and improved diagnostic and mental health services for
probationers and parolees.
10. Improvements in the law, particularly in respect to current
statutory restrictions upon the granting of probation.
Field supervision in California runs the gamut from highly sophisti-
cated, experimental endeavors to supervision which is, in reality, a myth.
Data collected in the course of this study indicate that, along with a pro-
portional increase in the use of probation in recent years,9 there has been
some qualitative increase in field supervision, probably due, in large
measure, to the 1965 enactment of the California Probation Subsidy Law.
However, as will be argued in the Probation Task Force Report, probation
(and early parole) can be used to an even greater degree; similarly, all
field services can certainly increase their current effectiveness.
It is the view of this study that, second only to efforts to divert
inappropriate persons from the correctional system, California corrections
should continue to place primary emphasis upon field supervision, and that
such continued emphasis on field supervision must include development of
the necessary ingredients itemized above.
As the field of corrections is enabled to develop and establish en-
riched, community-based, locally operated programs, it is believed that
commitments to institutions in general, and to State institutions in partic-
ular, will continue to decrease. As institutionalization is de-emphasized
and savings are realized from the closure of some State facilities, these
savings should be invested in community-oriented field supervision programs,
to be operated locally under conditions and standards determined by the
State in cooperation with the counties.
In order to operationalize a system which delivers maximum field ser-
vices, it is held that the primary role of the State should be that of an
enabler--to provide subvention, training, research, coordination, and con-
sultation. Concurrently, local government should be primarily responsible
for the delivery of correctional services, giving emphasis to those services
which incorporate local community resources.
VII
FOOTNOTES
¹President's Commission on Law Enforcement and Administration of
Justice, Task Force Report: Corrections, (Washington: U. S. Government
Printing Office, 1967), p. 27.
2 Board of Corrections, Probation Subsidy, State of California
(Sacramento, 1965), p. 135.
3Ibid., p. 3.
⁴Data provided by Bureau of Criminal Statistics, Department of
Corrections, and Department of Youth Authority, State of California.
⁵Bureau of Criminal Statistics, Adult Probation: 1969, State of
California (Sacramento, 1969), p. 30; Bureau of Criminal Statistics,
Juvenile Probation and Detention: 1969, State of California (Sacramento,
1969), pp. 1, 64.
⁶President's Commission on Law Enforcement and Administration of
Justice, op. cit., p. 28.
7 Data provided by Department of Youth Authority.
The reader is referred to Perspectives on Correctional Manpower
and Training, published by the Joint Commission on Correctional Manpower
and Training, Washington, D. C., 1970.
⁹According to data published by the Bureau of Criminal Statistics in
Crime and Delinquency in California: 1966, State of California (Sacramento,
1966), p. 192; Bureau of Criminal Statistics, Crime and Delinquency in
California: 1969, State of California (Sacramento, 1969), p. 126; and
Bureau of Criminal Statistics, Juvenile Probation and Detention: 1969,
op. cit., p. 9, there were 33,700 adults and 79,582 juveniles on probation
in 1965. By 1969, these figures had increased to 55,100 and 94,724 re-
spectively.
VIII
CORRECTIONAL SYSTEM STUDY
PROBATION TASK FORCE REPORT
TABLE OF CONTENTS
PAGE
SUMMARY OF RECOMMENDATIONS
X
CHAPTER
I.
INTRODUCTION
1
Probation in California
1
Trends in Probation
2
Characteristics of juvenile probationers
5
Characteristics of adult probationers
5
Summary
8
II.
METHODOLOGY
10
III.
MODEL
14
Goals
14
Principles
14
Responsibility
14
Diversion
15
Coordination
15
Community-based programs
15
Visibility
15
Accountability
15
Objectivity
16
Burden of responsibility
16
Public involvement
16
Change-orientation
16
Differentiation
17
Range of services
17
CHAPTER
PAGE
Client-centeredness
17
Financial support
17
IV.
THE CURRENT PROBATION SYSTEM: SURVEY FINDINGS
18
Goals and Philosophies
18
Functions
20
The making of probation policy
20
Diversion
21
Formulating conditions of probation
22
Classification and treatment systems
24
The probation officer as "services manager"
27
Summary
28
Client views of treatment
30
Frequency of contact with probation officers
30
Perceived helpfulness of probation officers
32
Perceived helpfulness of other persons
34
Summary
36
Structure
37
Communication
37
Job satisfaction
39
Suggestions for change
41
Resources
42
Community resources
42
Profile of staff
44
Training
46
Use of nonprofessionals
52
State consultative services
55
[iii]
CHAPTER
PAGE
Evaluation
57
Issues of the Future
58
The future of probation
58
Probation as viewed by clients
61
V.
PROBATION SUBSIDY
66
Overview
66
Statistical Data
67
Key Problems and Issues
72
Summary
74
VI.
PROGRAM HIGHLIGHTS
76
Use of Offenders and Ex-offenders
76
Work Experience Program
76
Crisis Intervention
77
Drug Abuse Treatment
77
Differential Treatment
77
Use of Volunteers
78
Continuum of Treatment
79
Use of Para-professionals
80
VII.
PREVAILING ISSUES AND RECOMMENDATIONS
81
Goals and Objectives
81
Recommendation 1
82
Functions
82
Intake
82
Elimination of non-criminals from supervision
82
Recommendation 2
83
Removal of prohibitions against probation
83
[iv]
CHAPTER
PAGE
Recommendation 3
84
Keeping conditions of probation relevant
84
Recommendation 4
84
Reports and recommendations
84
Recommendation 5
84
Classification
85
Recommendation 6
85
Treatment
85
Care and concern for probationers
85
Recommendation 7
85
Client participation in planning his own program
86
Recommendation 8
86
The probation officer as "services manager"
86
Recommendation 9
86
Supervision with offenders' families
86
Recommendation 10
86
Termination of supervision after two years
87
Recommendation 11
87
Resources
87
The need for community resources
87
Mental health diagnostic and treatment programs
87
Recommendation 12
88
Group living facilities for offenders
88
Recommendation 13
88
Drug abuse programs
88
Recommendation 14
88
[v]
CHAPTER
PAGE
Emergency financial assistance
88
Recommendation 15
89
Public information programs
89
Recommendation 16
89
Training
89
In-service training
90
Recommendation 17
91
Specialized training
91
Recommendation 18
91
Recommendation 19
92
Coordination of statewide training resources
92
Recommendation 20
92
Certification
92
Recommendation 21
93
Staff hiring and promotions
93
Recommendations 22 - 24
94
Use of nonprofessionals
94
Recommendation 25
95
Appointment of the chief probation officer
95
Recommendation 26
96
Subsidy
96
Recommendations 27 - 28
97
Recommendations 29 - 31
98
Research and Evaluation
98
Recommendation 32
98
Issues of the Future
99
[vi]
CHAPTER
PAGE
Contracts between the State and counties for
supervision of offenders
99
Recommendation 33
99
Contracts between counties for supervision
99
Recommendation 34
99
The new clients: environmental pollution and
consumer fraud violators
100
Recommendation 35
100
[vii]
LIST OF TABLES
TABLE
PAGE
I.
Superior Court Defendants Convicted, Adults Granted
Probation and Probation Caseload, 1960-1969
3
II.
Number of Initial Delinquency Petitions Filed, Declarations
of Wardship and First Commitments of Juvenile Court Wards
to California Youth Authority Institutions, 1956-1969
4
III.
Characteristics of Juvenile Probationers in 15 Sample
Counties
6
IV.
Characteristics of Adult Probationers in 15 Sample
Counties
7
V.
Frequency of Response by Origin and Category
29
VI.
Client Contacts with Probation Officers
31
VII.
Client Evaluation of Helpfulness of Probation Officers
33
VIII.
Client Evaluation of Helpfulness of Other Influences
35
IX.
Evaluation of Communication by Probation Staff
38
X.
Job Satisfaction and Working Conditions as Perceived by
Probation Staff
40
XI.
Education Background of Probation Officers in 1964 and
1970 in 15 Sample Counties
47
XII.
Staff Participation in Academic Studies
48
XIII.
Staff Description of In-Service Training
51
XIV.
Staff Interest in Using Nonprofessionals
53
XV.
Report on Performance of Counties Participating in the
Probation Subsidy Program
68
[viii]
LIST OF CHARTS
CHART
PAGE
I.
Actual and Ideal Correctional Goals as Viewed by
Probation Staff
19
II.
Training for Probation Line Workers
50
[ix]
SUMMARY OF RECOMMENDATIONS
1.
Written statements of goals and objectives should be formulated by
each probation department in keeping with the mission of corrections
(the reduction of further illegal behavior on the part of offenders),
and should include an emphasis on reintegrating the offender into
the community.
2.
As quickly as adequate alternative community resources can be devel-
oped, probation departments no longer should supervise dependent
children and those called "pre-delinquent" (Sections 600 and 602 of
the Welfare and Institutions Code, respectively). Departments should
not supervise persons placed on probation merely for the purpose of
collecting money nor supervise those persons whose sole offense is
public drunkenness.
3.
Section 1203 of the Penal Code should be amended to remove restric-
tions on granting probation because of an offender's prior convic-
tions, and to reduce other restrictions on granting probation.
4.
Standard conditions of probation should be at a minimum and should
be relevant to each individual client in terms of his needs, abilities,
personality, offense, and the protection of society. Conditions im-
posed should be realistic and therefore enforceable by probation
officers. Although special conditions may be appropriate in individ-
ual cases, standard conditions should be limited to (2) a prohibition
of any Low violations; (2) requirements for maintaining contact with
the officer in the way prescribed by the officer; and (3) keeping the
officer informed of residence or whereabouts.
5.
Recommendations to courts by officers and their supervisors on super-
vision cases should be based on an evaluation of all pertinent data
and should be made without influence from "special interest" or other
sources outside the department.
6.
Each department should make use of a classification system, with
specific differential treatment implications. To the degree necessary,
the State should assist the counties in accomplishing this.
7.
Probation supervisors and administrators should provide a working
environment which will encourage staff to develop caring relation-
ships with probationers under their supervision.
8.
Clients should be involved in the planning of their probation programs,
beginning at the earliest possible time and continuing on through the
term of probation.
9.
Probation departments should begin expanding the roles and capabilities
of their staffs as "services managers".
10.
Whenever appropriate, probation supervision should be involved with
offenders' family units, not just with offenders alone, in order to
further the reintegration process.
Summary of Recommendations
11.
Probation departments should adopt an administrative policy requiring
the return of supervision cases to the court with a recommendation
for termination of nonvoluntary supervision at a time not exceeding
two years, unless there is evidence that the protection of the com-
munity will be substantially decreased by 80 doing. If there are
compelling reasons for the continuance of supervision, these reasons
should be brought to the attention of the court at a hearing in the
presence of the probationer and his counsel.
12.
Probation departments, assisted as necessary by the State, should
make available greatly expanded mental health services for proba-
tioners.
13.
Probation departments, assisted as necessary by the State, should
make available adequate placement resources in the community.
14.
Probation departments, assisted as necessary by the State, should
develop and make use of existing drug abuse programs to meet vastly
increased needs for such resources.
15.
Probation departments, assisted as necessary by the State, should
provide emergency financial aid to clients in need as a regular part
of departmental programs.
16.
Probation departments should develop public information programs that
will assist in both enlightening the community and involving it in
the role probation supervision plays in the justice system. The State
should provide consultation services to assist the counties in devel-
oping such programs.
17.
Each probation department should develop its own in-service training
programs, aided as necessary by the State, geared to provide relevant,
individualized, and ongoing training for all levels of staff. Primary
attention should be given to developing trainers within the department,
particularly first line supervisors.
18.
Probation departments should strive to make better use of available
training and professional development programs in the community, e.g.
by contracting for services and by encouraging and enabling their
staff to participate in such programs.
19.
The State should greatly increase its role in providing training
needed by the counties, particularly specialized training programs.
20.
The State should immediately implement the CO-ACT concept of a cen-
tral unit to coordinate statewide training and develop a network of
trainers and training resources from all appropriate sources.
21.
The State, in cooperation with the counties, should develop a certi-
fication program for all probation officers.
[xi]
Summary of Recommendations
22.
Probation departments should create a case-carrying position equiva-
lent to the first level supervisor in salary and other benefits.
23.
Certified probation officers should be able to transfer to in-grade
positions or compete for promotional opportunities in other probation
departments or other similar parts of the correctional system, pro-
vided they meet the necessary requirements.
24.
The State and counties should coordinate their retirement systems 80
that a worker can combine his benefits when transferring between
agencies.
25.
Departments should greatly expand their use of nonprofessional work-
ers, including volunteers, para-professionals, ex-offenders, and
students, to assist in probation supervision. They should, at the
same time, plan carefully how to recruit, train, and supervise these
workers.
26.
The chief probation officer should be appointed by and be responsible
to the board of supervisors; Sections 575 and 576 of the Welfare and
Institutions Code and Section 1203.6 of the Penal Code should be amend-
ed accordingly.
27.
The State of California should subsidize county-operated probation
services in accord with the overall subsidy program specified in the
System Task Force Report. Essentially, that Report recommends sub-
sidy as follows:
a. 75/25 -- probation supervision and investigation, including day
care centers and other juvenile non-residential programs. This
means that the State would pay 75% of the actual costs and the
counties 25%.
b. 60/40 -- "open" institutions (e.g. group homes or facilities
which send youth to school in the community; also jail work
furlough programs).
c. 40/60 -- "closed" but short-term and community-based institutions
(i.e. facilities to which persons can not be committed more than
six months and which are both adjacent to and have a high degree
of interaction with the community).
d. 25/75 -- other institutions (e.g. juvenile institutions which are
not short-term and not community-based; adult jails, including
branch jails and honor camps, minus separate work furlough facil-
ities).
28.
Assuming that the above recommendation is operationalized, counties
should pay the State 75% of the "career costs" (as defined in the
System Task Force Report) for any youths or adults committed to the
State.
[xii]
Summary of Recommendations
29.
The probation subsidy program, as part of the overall correctional
subsidy program, should be reviewed annually, to consider cost
fluctuations and to effect necessary adjustments.
30.
The State should provide increased consultation to the counties in
respect to county-operated probation subsidy programs.
31.
The State, in cooperation with the counties, should develop a set of
minimal standards for all probation services that are subsidized.
Thereafter, the State should enforce the standards, i.e. no subsidy
should be granted to a program which does not meet State standards.
32.
Probation departments, assisted as necessary by the State, should
conduct programs in research and evaluation designed to improve the
quality of probation operations.
33.
Departments should be able to contract with the State to provide pro-
bation supervision as well as accept contracts from the State to pro-
vide parole services. Permissive legislation which would enable the
State and counties to enter into such contracts should be enacted.
34.
Where better services can be provided at lower cost, counties should
consider contractual agreements with neighbor departments (or possibly
consider consolidation of services) for probation supervision. En-
abling legislation should be enacted to provide for such agreements.
35.
Departments should engage in long range planning about the implica-
tions of supervising large numbers of environmental pollution viola-
tors and consumer fraud violators, both individuals and corporations.
[xiii]
"Probation is a term that gives no clue
to what is done by way of treatment."
Healy and Bronner:
Delinquents and Criminals -
Their Making and Unmaking
CHAPTER
I
INTRODUCTION
I.
PROBATION IN CALIFORNIA
Probation in California faces monumental problems as the size of its
caseload mounts steadily--problems largely related to the highly complex
economic difficulties faced by county and State government. However, now
may be a propitious time for movement forward because moments of great pro-
gress often arise out of deep financial troubles. The adversity faced today
demands that solutions be found. To maintain the status quo is to retreat
into mediocrity.
Many of the key issues cited in this Report focus upon the changing
relationships of State and county government, particularly the increased
emphasis on providing direct services to the offender by the counties and
increased emphasis on the part of the State for providing supportive and
enabling services to the counties in the form of subsidy, planning, training,
research and information, standard setting, inspections and consultative
services. Other key issues include staff training, the use of non-profes-
sionals in the probation setting, increased workloads, improved classifica-
tion and treatment, and the reintegration of offenders into the community.
Probation is often seen as first among the several components of cor-
rections because it begins the series of correctional services used by the
courts for sentenced offenders. To many persons, probation represents the
least restrictive punishment and the least cost to the taxpayer. In fact,
many of the uninformed look on probation not as punishment at all, but rather
as a form of leniency, "second chance", or "lucky break" for the offender.
Fortunately, this misunderstanding gradually is being eradicated as proba-
tion becomes more effective and involves more of the general public.
In the 68 years since California law first made provision for proba-
tion, there has been a tremendous growth in this service. Today, of some
274,000 offenders who comprise California's correctional population, about
200,000 are probationers. Because the law provides for probation services
to be operated by the counties, the effect of "home rule" is plainly visible.
As a result, a wide variety of service patterns exists, running the gamut
from a service performed totally by one man on a part-time basis, to the
largest probation department in the nation with over 2,000 officers on its
staff. Service provided by the 60 departments within the State varies from
excellent supervision to the opposite extreme of no contact whatsoever.
- 2 -
An adult offender may come under the supervision of the probation
officer following conviction for an offense which the court sees as meriting
stronger measures than a suspended sentence or a fine, but not as stringent
a measure as incarceration. An order for supervision is also normally made
on the basis of a review of the offender's past record and social history.
A common variation of probation is the "split sentence", i.e. imposing cus-
tody in the county jail as a condition of probation (this is done in over
40% of the cases granted probation by superior courts2). A wider range of
dispositions are available for the juvenile who may be handled informally
on a first offense, placed on informal probation without having to appear
in court, be ordered by the court to a term of probation limited to six
months without having been made a ward of the court, or be placed on formal
probation. Again, institutionalization may be used by the court, with the
juvenile placed in a juvenile hall or county operated ranch, camp or school
or in some other facility, including privately-operated institutions or
foster homes.
Probation terms imposed on adults in superior courts are almost en-
tirely in the two to three year range, with twice as many three year terms
being imposed as are two year terms.3 However, a quarter of the termina-
tions of superior court probation are made prior to the expiration of the
term.⁴ No data are available concerning lengths of terms for lower court
cases. In the case of juveniles, Section 607, Welfare and Institutions Code,
provides that the term of wardship can extend almost until a youth's 23rd
birthday, but generally it is terminated no later than the 18th birthday.
Almost 30% of juvenile probationers are dismissed from supervision in six
months to a year and about the same percentage are dismissed after a year
to a year and a half of supervision. By the time two years from the date
of wardship has elapsed, 80% have been dismissed from probation.
II. TRENDS IN PROBATION
According to the Bureau of Criminal Statistics, on December 31, 1969,
there were 102,042 active adult jurisdictional probation cases in California. 6
Of these, 55,124 (54%) were granted in the superior courts and 46,918 (46%
were granted in the lower courts. In addition, there were 17,232 active
courtesy probation cases under supervision. On the same day there also were
88,104 active juvenile probation cases in California.7
Table I shows the number and ratio of adults granted probation in the
superior courts between 1960 and 1969. The data clearly indicate an upward
trend, both with respect to the number of persons under supervision, and to
the ratio of persons granted probation rather than confinement in a correc-
tional institution or some other alternative. In 1960, 44.4% of the superior
court convictions were granted probation; in 1969 this ratio had increased
to 65.6%, representing the increasing trend in the number of probationers
under supervision.
Table II shows the trend for the number of delinquency petitions
filed, declarations of wardship, and first commitments to CYA institutions.
- 3 -
TABLE I
SUPERIOR COURT DEFENDANTS CONVICTED, ADULTS GRANTED PROBATION
AND PROBATION CASELOAD, 1960-1969
Superior court
defendants
Adults
Percentage of
Calendar
convicted and
granted
adults placed
Caseload
Year
sentenced
probation
on probation
December 31
1960
24,800
11,000
44.4
26,900
1961
28,000
12,600
45.0
28,300
1962
27,000
11,400
42.2
28,700
1963...
28,400
13,500
47.5
30,800
1964...
27,800
14,200
51.1
32,000
1965
30,800
15,700
51.0
33,700
1966...
32,000
16,800
52.5
36,000
1967
34,700
20,300
58.5
39,500
1968...
40,500
25,000
61.7
46,300
1969...
50,600
33,200
65.6
55,100
Percent change
1969 over 1960
104
202
105
ᵃBased on data submitted by district attorneys.
Source: Bureau of Criminal Statistics, Crime and Delinquency in California:
1969, State of California (Sacramento, 1970), p. 126.
- 4 -
TABLE II
NUMBER OF INITIAL DELINQUENCY PETITIONS FILED, DECLARATIONS OF WARDSHIP
AND FIRST COMMITMENTS OF JUVENILE COURT WARDS
TO CALIFORNIA YOUTH AUTHORITY INSTITUTIONS, 1956-1969
Initial petitions
Declarations
First commitments
fileda
of wardship
of wards to CYAC
Percent
Percent
Percent
change from
change from
change from
Year
Number
previous year Number
previous year
Number
previous year
1956
22,145
21.7
14,417
15.4
2,539
18.4
1957
24,057
8.6
16,473
14.3
2,656
4.6
1958
25,227
4.9
17,993
9.2
3,023
13.8
1959
26,171
3.7
18,920
5.2
2,986
- 1.2
1960
28,401
8.5
19,444
2.8
3,350
12.2
1961
28,187
- 0.8
20,163
3.7
3,851
15.0
1962
30,778
9.2
13.0
3,739
- 2.9
...
22,782
1963
33,401
8.5
24,597
8.0
4,358
16.6
1964
34,229
2.5
24,842
1.0
4,157
4.6
1965
...
35,614
4.0
25,646
3.2
4,632
11.4
1966
37,344
4.9
26,247
2.3
4,119
- 11.1
1967
43,782
17.2
28,311
7.9
3,571
- 13.3
1968
49,688
11.2
30,535
7.8
3,163
- 11.4
1969
57, 978
16.7
35,451
16.1
2,778
- 12.2
aPetitions filed as the intake disposition of new referrals. Excludes supple-
mental petitions and also filings following the re-referral of active un-
official cases.
bInitial adjudications of wardship for delinquent acts as provided in Section
725-b of the Welfare and Institutions Code. Section 725 also provides for
probationary periods without adjudications of wardship. The declarations of
wardship accounted for in this table may be based on initial or secondary
petitions.
CFirst commitments toinstitutions received on commitment from California
juvenile courts. Criminal court commitments and juvenile court recommitments
are excluded.
Source: Department of the Youth Authority
- 5 -
The data indicate that the number of wardships (formal probation cases) has
steadily increased since 1956, from 14,417 in that year to 35,451 in 1969.
These figures do not include juveniles placed on probation for a period of
six months under Section 725(a) of the Welfare and Institutions Code. nor
do they include the number of juveniles placed on "informal" probation with-
out court action. The data shown in Table II also indicate that since 1965
there has been a decided shift away from institutionalizing youthful offend-
ers in favor of keeping them under supervision in the local community. Be-
tween 1968 and 1969, the number of juvenile cases placed on probation in-
creased by 16.1%, while CYA juvenile commitments during the same period de-
creased by 12.2%. The declining institutional population is discussed in
greater detail in the Juvenile Institution Task Force Report.
In short, the trends for both juveniles and adults clearly show an
increasing probationer population.
Characteristics of Juvenile Probationers
According to the Bureau of Criminal Statistics, in 1969 there were
41,556 juvenile court dispositions in 56 California counties.⁸ Of this num-
ber, 22,996 juveniles were declared wards of the court and placed on proba-
tion. The median age of the juvenile probationers was slightly over 15 years.
Table III summarizes the characteristics of 720 juvenile probationers
under supervision in the 15 study counties who completed questionnaires. The
probationers are grouped according to whether they were being supervised in
reduced subsidized caseloads or under non-subsidy supervision. In general,
the juveniles in subsidy caseloads were somewhat more likely to be male,
somewhat older, and more likely to be black. It can be seen that relative
to the racial backgrounds noted in the section on staff profiles, probation
officers from minority racial groups are definitely under-represented.
Whereas about 45% of the juvenile clients are drawn from racial minority
groups, only 16% of the probation officers are drawn from the same groups.
The final point to note in Table III is that the juveniles being supervised
in subsidy caseloads had been under supervision for longer periods of time
than their counterparts in the non-subsidized caseloads. Forty-seven per-
cent of this group, compared to 28% of the non-subsidy group, had been on
probation for at least one year prior to the time of the Task Force survey.
While at this point it is only conjectural, it may be that the more serious
cases, requiring more intensive supervision, are placed in the subsidized
caseloads.
Characteristics of Adult Probationers
In 1969 there were a total of 33,188 adults placed on formal proba-
tion from the superior courts in California. This represented an increase
of 32% over the 1968 figure of 25,055.
Table IV summarizes the characteristics of the adult probationers in
the 15 counties studied by the Task Force. The clients in the subsidized
- 6 -
TABLE III
CHARACTERISTICS OF JUVENILE PROBATIONERS
IN 15 SAMPLE COUNTIES
(Percentage Distribution *)
CHARACTERISTIC
Total
Subsidy
Non-Subsidy
(N=720)
(N=280)
(N=440)
Sex:
Male
76
81
72
Female
24
19
28
Age:
Under 17
60
56
63
17-18
35
39
33
Over 18
5
6
4
Race:
White
56
52
58
Black
21
25
18
Brown
19
18
20
Oriental
1
--
1
American Indian
2
3
1
Other
2
2
2
Time Supervised:
Under 7 months
33
25
38
7 Months - 1 year
31
28
32
1 to 2 years
18
23
15
Over 2 years
18
24
15
* Percentages may not add to 100% because of rounding.
- 7 -
TABLE IV
CHARACTERISTICS OF ADULT PROBATIONERS
IN 15 SAMPLE COUNTIES
(Percentage Distribution *)
CHARACTERISTIC
TOTAL
SUBSIDY
NON-SUBSIDY
(N=1,327)
(N=250)
(N=1,077)
Sex:
Male
80
83
79
Female
20
17
21
Age:
Under 19
14
19
12
19-20 years
14
19
13
21-25 years
32
38
31
26-35 years
24
17
25
36-50 years
13
5
15
Over 50 years
4
2
5
Race:
White
59
58
59
Black
22
23
22
Brown
16
17
15
Oriental
1
-
1
American Indian
1
1
1
Other
-
1
1
Time Supervised:
Under 7 months
24
19
25
7 months - 1 year
28
30
27
1-2 years
29
27
30
Over 2 years
19
24
18
* Percentages may not add to 100% because of rounding
- 8 -
caseloads were somewhat more likely to be males; sex differentials between
the subsidized and non-subsidized units were slight. Unlike the juvenile
probationers, adults under subsidy supervision were younger than those in
non-subsidy supervision. However, as was true of juvenile probationers,
the adults in the subsidy units had been under supervision for a longer
period of time than those in the non-subsidy units. There were no signif-
icant racial differences between the two groups, although, as was the case
with juveniles, proportionately there were more adult probationers drawn
from racial minorities than probation officers from the same groups.
III. SUMMARY
With regard to probation supervision, this Task Force had three major
objectives: (1) to describe probation supervision as is is today, (2) to
suggest what it should be in the future, and (3) to recommend ways of moving
from today's position to that of the future. Chapter II will describe the
methodology used in the study. This will be followed in Chapter III by a
condensed "model" of how probation should operate. Chapters IV and V will
describe the current system as reflected by the data collected in question-
naires and interviews with staff members, department heads, clients, judges,
district attorneys and public defenders, law enforcement, juvenile justice
commissions and a probation committee. Because of its importance, proba-
tion subsidy is discussed separately in Chapter V. Program highlights as
described in Chapter VI will present a sample of good and progressive pro-
grams with probationers. Finally, the Report will conclude with a summary
and highlighting of the principle issues in probation supervision today
together with the Task Force's recommendations for moving from the current
system to the model.
- 9 -
FOOTNOTES
1 Bureau of Criminal Statistics, Adult Probation: 1969, State of
California (Sacramento, 1970); Bureau of Criminal Statistics, Juvenile
Probation and Detention: 1969, State of California (Sacramento, 1970).
2 Ibid., Bureau of Criminal Statistics, Adult Probation: 1969, P. 17.
3
Ibid., p. 16.
4
Ibid., p. 27.
5 Bureau of Criminal Statistics, Juvenile Probation and Detention: 1969,
op. cit., p. 40.
6
Bureau of Criminal Statistics, Adult Probation: 1969, op. cit., P. 6.
7 Bureau of Criminal Statistics, Juvenile Probation and Detention: 1969,
op. cit., p. 9.
8 Ibid., p. 36. The reader should keep in mind that these figures refer
to the dispositions of juvenile courts, and not to referrals or number of peti-
tions files; this accounts for the discrepancies between these figures and
those in Table II.
9 Bureau of Criminal Statistics, Adult Probation: 1969, op. cit., p. 4.
CHAPTER II
METHODOLOGY
Because of the vast size of the probation population in California,
it was patently clear to the Probation Task Force that a method of sampling
the State had to be devised. The sample used in the report, Probation
Study¹, by the Board of Corrections in 1964 still appeared to be a valid and
representative one; hence, it was again adopted. Fifteen counties in Calif-
ornia, representing all sizes and most geographical areas of the State from
Oregon to the Mexican Border, were studied. The counties included in the
sample were: Alameda, Del Norte, Fresno, Humboldt, Imperial, Los Angeles,
Sacramento, San Bernardino, San Francisco, San Joaquin, Santa Barbara, Santa
Clara, Sutter, Tehama and Tulare.
Seventeen probation departments were included, as the Counties of San
Francisco and Santa Clara have separate adult and juvenile departments. Be-
cause of its size, a sub-sample was devised for Los Angeles County which
enabled the Task Force to survey four offices which covered a wide geographi-
cal, economic, and ethnic range. The four offices had responsibility for
about one-quarter of the total clients and staff in the county.
One of the first steps taken by Task Force staff was to review the
most significant literature available on probation. This review covered
four statewide studies done previously on probation in California, 2 Youth
Authority research reports on probation, reports from a number of probation
departments, and professional journals and books. In addition, extensive
use was made of annual reference tables and other data from the State Bureau
of Criminal Statistics.
Another preliminary step was to talk with a number of probation staff
members for the purpose of discussing probation as it now exists and what
probation supervision should be like in the future. The discussants held
positions as line workers, supervisors and administrators in probation de-
partments in various parts of the State and provided the Task Force with
valuable insights into a number of important issues facing probation today.
This information was helpful in developing the overall study strategy.
A staff questionnaire was developed, similar to those used by other
components of the study. It was distributed to chief probation officers
and all personnel with supervision assignments in the 15-county sample. A
total of 982 staff questionnaires were distributed and 892 returned, giving
a very high return of 91%. The questionnaire for clients was given to 10%
of subsidy cases and 5% of regular supervision cases in the sample counties.
Most counties were asked to distribute the questionnaires on a systematic
random selection basis and this method was followed in many of the counties.
Return of the client questionnaires created some procedural problems; how-
ever, of the 3,632 distributed, 2,103, or 58%, were completed and returned.
Because of the proportionally small sample of clients, no effort is made to
derive definitive conclusions from their responses. However, the responses
are viewed as general indicators of the attitudes of probationers in the
sample counties.
- 11 -
Questionnaires were pre-tested in a non-sample county before being
put into final form.
Computer printouts divided questionnaire results into several cate-
gories, including job function, adult probation and juvenile probation, and
subsidy and non-subsidy units. Results were also divided by four sizes of
counties with size A having populations below 100,000; size B between about
100,000 and 500,000; size C being 500,000 to 2,000,000 and size D being over
2,000,000.
Because the emphasis of the questionnaires was on describing proba-
tion as it exists today, interview schedules were designed to elicit pri-
marily comments about what probation should be in the future. Interview
questions were prepared for four groups: (1) chiefs and staff assigned to
supervision, (2) probationers, (3) presiding superior court judges, county
supervisors, and county administrative officers, and (4) judges, district
attorneys, public defenders, law enforcement and juvenile justice commissions
or probation committees. In order to conserve time and to stimulate dis-
cussions, it was decided to utilize group interviews. Eight was determined
to be the optimum number of persons and most groups approximated this size.
However, most of the interviews with chiefs were on an individual basis as
were a number with judges and other key persons, including the presiding
judges of superior courts, members of boards of supervisors and county ad-
ministrative officers.
The number of interviews was scaled to the size of the probation
supervision staff in each sample county. Staff interview panels varied be-
tween one and six per county in addition to an equal number of client panels
Overall, there was a total of 70 staff panels and 70 client panels. In
addition, there were panel and individual interviews with chiefs and other
persons and groups mentioned above.
The names of staff chosen for interviews were selected through use
of a random number process. Although client panel participants were chosen
most frequently with the assistance of local probation staff members, the
clients freely verbalized the whole range of attitudes toward supervision
from very negative to very positive. Panels generally were either entirely
juveniles or adults and usually were all subsidy or all regular supervision.
The bulk of the data were collected by consultants from the Division
of Community Services of the Youth Authority assisted by some Youth Authority
Parole Agents, a number of graduate students, and the Task Force staff. In
addition, questionnaires were mailed to chiefs in non-sample counties and
written responses were solicited.
Three "model-building" sessions were held; one with members of the
Correctional System Study and two with experts outside the Task Force.
These sessions provided information on changes that were imminently impor-
tant plus ideas as to what the correctional system should be in the future.
Additionally, two special and valuable meetings with chief probation officers
were held to discuss the tentative findings and recommendations of the Task
Force.
- 12 -
In short, the major sources of input into this Task Force Report
were the probation literature, the probation staff and clientele in 15
selected California counties, and a number of additional experts familiar
with the State's probation process.
- 13 -
FOOTNOTES
1 Board of Corrections, Probation Study, State of California (Sacra-
mento, 1965).
2 Ibid.; Report of the Governor's Special Study Commission on Juvenile
Justice, Part I, State of California (Sacramento, November 30, 1960); Report
of the Governor's Special Study Commission on Juvenile Justice, Part II,
State of California (Sacramento, November 30, 1960); The Special Study Com-
mission on Correctional Facilities and Services, Probation in California,
State of California (Sacramento, December 1957); The Special Crime Study
Commissions on Adult Corrections and Release Procedures and Juvenile Justice,
Probation Services in California, State of California (Sacramento, 1948-1949).
CHAPTER III
MODEL
The model presented in this chapter is an attempt to apply to proba-
tion supervision those goals and underlying principles which the Correctional
System Study believes are vital to the entire correctional process. In brief,
these are seen as the cornerstones upon which any progressive probation pro-
gram must be erected and must rest.
I. GOALS
The primary goal or mission of probation supervision is the same as
that of the entire correctional system, viz, the protection of society by
minimizing the probability of recidivism on the part of probationers.
Secondary goals, and strategies for attaining goals, are basically
the same as for the rest of corrections, but with particular emphasis on
community-based, field supervision objectives and techniques. Secondary
goals include rehabilitation and reintegration of offenders into the com-
munity and, at the same time, specific (i.e. directed at those on probation)
deterrence. The Probation Task Force contends that all of these objectives
are normally compatible, i.e. that society is best protected and offenders
most effectively deterred from further illegal behavior by their successful
rehabilitation and reintegration into the community.
The strategies of probation, for both youth and adults, should place
heavy stress on effecting social change, maximum development and utilization
of community resources, family involvement, group work, and individual case-
work.
II. PRINCIPLES
The statements below represent an effort to apply specifically to
probation supervision those basic principles which the Correctional System
Study contends are most fundamental to any progressive correctional system.
1. Responsibility
Local communities, normally individual counties, have primary respon-
sibility for delivery of probation services. Accordingly, they have the
responsibility to develop the range of strategies, techniques, and resources
to effectively protect the community and successfully rehabilitate/reinte-
grate probationers placed in their charge.
The State, which has the overall enabling responsibility for the en-
tire correctional system, should assist the counties to develop and imple-
ment the types of programs necessary for an effective field services opera-
- 15 -
tion. This assistance should include subsidization and a wide range of
"supportive" services such as training, planning, research, standard setting
and enforcement, and general consultation. (Additional discussion of the
State's role as an "enabler" will be found in the System Task Force Report.)
2. Diversion
Probation departments should make every effort to divert or remove
from the system all persons who are not appropriate subjects for correctional
supervision. As a general rule, probation should receive or retain under
supervision only those offenders who pose a threat to the community's pro-
tection.
3. Coordination
Since it handles the great bulk of the correctional population and
is the normal first step in the correctional labyrinth, probation must be
closely coordinated with other components of the correctional system, both
to avoid duplication of efforts and to provide a continuum of treatment. It
should also work hand-in-hand with the rest of criminal justice, and with
other public and private agencies who are involved with its clientele.
4. Community-Based Programs
Probation should keep its programs as close and as relevant to the
communities of its clients as possible.
Offenders should be retained in the community (i.e. not institution-
alized) whenever possible.
5. Visibility
Probation operations, including departmental policies and procedures,
should be "open" or visible to the community, not only to permit scrutiny
and review, but also to engender public understanding and support.
6. Accountability
Each probation department should spell out, for itself as a whole
and for each of its major programs: (1) goals, (2) how to measure whether
or not those goals (results) are attained, and (3) the tools necessary to
assure the measurement of results and actions based on those results. Re-
search and evaluation should thus be an integral part of every program.
Provided they are given the necessary resources, probation programs
should then "live or die" by their results. This is the "contract" of
accountability.
- 16 -
Probation should be accountable not only to itself, but also to the
public, to other segments of the criminal justice system, to other branches
of government, and to probationers.
7. Objectivity
Probation departments and individual officers must maintain profes-
sional integrity by submitting reports and recommendations on their clients
which are as objective and straight-forward as possible. This means that
individual workers must not only refrain from any attempts to manipulate
other decision-makers, but they must also be free from intra- or extra-
departmental pressures which might cause them to submit reports or recommend-
ations which are not objective, do not reflect their honest views, or do
not reflect their best professional judgment.
8. Burden of Responsibility
All probation decision-making relevant to handling of clients should
place the burden of responsibility on the system, not the probationers, to
justify any further degree of restriction or extention of restriction on
his freedom. Put another way, the system should also select the least re-
strictive course consistent with protection of the public.
9. Public Involvement
Probation should take greater recognition both of general public
apathy about corrections and of the growing interest and concern among at
least some elements of the community; in response, it should develop strong
programs aimed at eliciting greater public involvement. Such programs
should focus on at least three levels:
a. Establishing credibility with the public, i.e. obtaining the
community's trust through ongoing public education and public
relations.
b. Enlisting direct support, e.g. financial assistance, volunteers,
and other direct aid.
C. Involving the community in an advisory capacity, i.e. providing
for public input by at least an indirect share in policy and
decision-making.
10. Change-Orientation
In recognition of the fact that governmental agencies tend to pre-
serve their traditional modi operandi, probation departments must incorpor-
ate flexibility, creativity, and innovation into their very bloodstream.
Based on a commitment to continual feedback and evaluation, they must be
- 17 -
prepared not only to change but, if necessary, to "self-destruct" any part
of their program that fails to produce expected results or that is no longer
relevant to current problems and responsibilities.
11. Differentiation
Meaningful handling, let alone treatment, of offenders demands dif-
ferential approaches based on individual needs. Hence, differential classi-
fication/treatment systems must be employed.
12. Range of Services
Probation must have available specialized programs and resources to
meet the needs of its clients to the fullest possible degree. Such pro-
grams/resources may be provided by the probation department itself, con-
tracted for with another agency or individual, or obtained in some other
manner (e.g. volunteers). At the bare minimum such services must include
a study or diagnostic capability, casework services, a wide variety of
alternatives to institutionalization, and access to available community re-
sources such as employment and schools.
13. Client-Centeredness
All probation programs should be "client-centered", i.e. involve the
client himself in the planning and carrying out of a specific program of
rehabilitation/reintegration.
14. Financial Support
To carry out their primary responsibility for the delivery of ser-
vices, county probation departments must have the financial resources to
carry out effective programs, contract for necessary services, and experi-
ment with promising innovations.
The State and Federal Governments should provide subsidization for
such services as necessary.
CHAPTER IV
THE CURRENT PROBATION SYSTEM: SURVEY FINDINGS
This discussion of the current probation system will focus on six
major areas: (1) goals and philosophies of probation departments, (2) their
primary functions or tasks, (3) their organizational structure, (4) the re-
sources they have or need to carry out their functions, (5) evaluation and
research, and (6) some important issues facing probation in the immediate
or near future.
I. GOALS AND PHILOSOPHIES
The primary goal of probation, as well as all of corrections, is the
protection of society by reducing recidivism. As indicated in other Task
Force Reports, society is normally best protected by the development and im-
plementation of effective programs of rehabilitation and reintegration. For
probation this means that recidivism is most likely to be reduced if the
offender is provided with a variety of effective services while under super-
vision in the free community. These services include working with the offend-
er's family, providing vocational counseling and training, finding appropriate
employment, helping to overcome stereotyped public attitudes toward offenders,
overcoming restrictive employment policies and procedures, and providing case-
work services to the individual offender.
The Probation Task Force included two items in its survey questionnaire
to determine how the major objectives of probation were perceived by the staff.
The first question was, "What actually is the primary goal of your agency?",
and the second question was, "What should be the primary goal of corrections?"
The response categories included, "punishment"; "keeping offenders off the
streets"; "protection of society"; "rehabilitation of offenders"; "other";
and "unclear or no opinion". Staff responses to the two questions were tab-
ulated and are presented in Chart I. Thirty-two percent of the staff thought
that the actual primary goal was the protection of society, while 38% asserted
it was the rehabilitation of offenders. Significantly, 20% claimed that the
primary goal of their respective agencies was either unclear or they had no
opinion on the matter. The fact that a sizeable number of staff members did
not know what is the actual goal, suggests that there is little in the way
of attempting to clarify major agency goals on the part of administrators
and agency heads. Almost all of those having no idea of their agency's goals
were line workers and supervisors; administrators and agency heads almost
without exception expressed a definite opinion on the question of agency
goals. However, the data in Chart I clearly show that even when the staff
expressed an opinion--no matter what their rank in the agency--there was no
agreement on the primary goal.
Lack of agreement is also evident with respect to the ideal goal of
corrections. Thirty-nine percent asserted that the goal should be the pro-
tection of society and 58% said that it should be rehabilitation. Juvenile
probation officers were more likely than adult probation officers to assert
that rehabilitation should be the major goal. Almost everyone expressed an
- 19 -
CHART I
ACTUAL AND IDEAL CORRECTIONAL GOALS
AS VIEWED BY PROBATION STAFF
"What actually is the primary goal of YOUR AGENCY?"
UNCLEAR
20%
PROTECTION OF SOCIETY
32%
REHABILITATION
38%
OTHER
10%
0
10
20
30
40
50
60
70
PERCENT
"What SHOULD be the primary goal of Corrections?"
UNCLEAR
1%
PROTECTION OF SOCIETY
39%
REHABILITATION
58%
OTHER
2%
0
10
20
30
40
50
60
70
PERCENT
- 20 -
opinion in defining the ideal goal, but again, the preferences were distri-
buted between protection of society and rehabilitation. Apparently there
is a good deal of confusion over the meaning of these two objectives; the
latter is construed to be generally a more permissive approach, while the
former is seen as being more punitive. There is little doubt that probation
officers did not agree on the meaning of these concepts and perceived them
to be somewhat incompatible with each other. Rehabilitation is thought of
more as an end product, rather than as a means by which society can be pro-
tected.
Similar disagreements have also been noted over the question of the
most effective methods of supervising juvenile probationers. In one study,
the probation officers were completely divided on whether unexpected home
visits were more effective than predetermined appointments, and whether
making probationers "toe the line" was more effective than being lenient. 1
In short, the data suggest that in the probation agencies surveyed by
the Task Force there have not been very extensive attempts to discuss goals
and objectives. Even in those instances where goals have been formalized
in writing, they have not always been disseminated to staff members or, if
disseminated, they have not always been read, accepted or followed by staff
members. Encouragingly, it was observed that efforts are under way in some
of the larger probation departments to develop and define formal statements
of goals and objectives.
An additional problem, however, is that goals are rarely operation-
alized, i.e. defined in clear, concrete terms, so that their attainment or
lack of it can be measured. Unless this, too, is done, a mere theoretical
formulation of goals is of limited value.
II. FUNCTIONS
The Making of Probation Policy
Because of the large number of counties where the judge appoints the
chief probation officer, one would expect to see many courts participating
in the making of probation policy. Responses in the interviews indicated
that the court is involved in such activity in many areas, although it was
reported that the practice no longer exists in some communities. What subtle
influences, if any, the courts have on recommendations made on supervision
cases is not clear. However, it does seem clear that the power of judges
to appoint and remove chief probation officers, under Section 575 Welfare
and Institutions Code and Section 1203.6 Penal Code, carries with it the
danger that judges may become de facto administrators of the probation de-
partments. In at least two of the sample counties, there was evidence that
the court was determining departmental policy to a large extent.
- 21 -
Diversion
While intake laws and procedures were not formally within the scope
of the present study, an effort was made to ascertain retrospectively what
types of clients now placed in probation supervision are inappropriate sub-
jects for the probation process. In fact, the exclusion of intake issues
from the study was a point of serious concern among probation administrators
and personnel. Study staff shared in this concern and attempted to look at
critical issues from a retrospective point of view whenever possible.
It became readily apparent to Task Force staff that not only preven-
tion of initial law violations, but also diversion of many persons who com-
mit acts which make them legal subjects for the criminal justice and proba-
tion systems are of growing import to both correctional workers and the
general public. Persons interviewed throughout the course of the study
had many opinions as to types of clients who are not appropriate for proba-
tion supervision. The chief categories of persons suggested for diversion
from this process were: dependent and pre-delinquent children, alcohol and
drug abusers, those placed under supervision simply as a means of getting
them to pay money under court order, victimless offenders in general, and
those in need of psychiatric aid.
The topic provoking the most discussion was possible removal of the
pre-delinquents (Section 601 Welfare and Institutions Code) from probation
supervision. Chief probation officers, in particular, urged that this sec-
tion of the law not be repealed until viable alternatives were present in
the community which would provide services as good or better than those
now offered by probation. Actually, a large proportion of such cases are
presently diverted from the justice system by various agencies, but it is
those delinquent-prone youth who find their way to court that cause the
concern. While many anticipated such a change in the law, most hoped for
additional time for communities to prepare alternative programs.
The case for removal of Section 601 from the Welfare and Institutions
Code was made by Thomas L. Carroll in a report prepared for the California
Assembly. 2 That report urged that Section 600 be used for those pre-delin-
quent youth in need of the protection of the court. Probation chiefs and
staff saw such resources as youth service bureaus, crisis intervention
centers, welfare departments, and various family service and mental health
agencies as being the alternatives to handle the pre-delinquent, but did
not feel that such services were adequately developed as yet. As an example,
Duxbury cited evidence that some youth service bureaus in the State have
had an impact on diverting young persons from the justice system. However,
she indicated the bureaus have been in operation too short a time to deter-
mine whether they are a satisfactory alternative. 3
The greatest consensus was found in support for removal of common
drunks from the criminal justice system. Most respondents felt that pro-
cessing drunks to jail or probation is inappropriate because their problem
is not one of harming society but rather of harming themselves. It was
suggested that the problem could best be met by detoxification centers or
some other programs operated by a public health or mental health agency.
- 22 -
Additional discussion on diverting the alcoholic from the criminal justice
system may be found in the Jail Task Force Report.
Formulating Conditions of Probation
While it occurs during the investigative process, and therefore does
not technically fall within the scope of this Study, adult probation officers
are required by law to make recommendations either for or against placement
on probation. 4 In the superior courts in 1969, there were 37,832 recommen-
dations made by probation officers. 5 Of this number, 23,794 (63%) were
recommendations for probation, and in 96% of these cases the court granted
probation. Of the 14,038 cases where probation officers recommended against
probation, the court denied probation 66% of the time. Thus, when probation
officers recommended probation, the courts almost always granted it, but
when probation was not recommended, the courts nevertheless granted it a
third of the time. The effects of this disparity are not known and should
be a matter for systematic investigation.
In addition to making recommendations either for or against probation,
probation officers also specify the appropriate conditions of probation if
it is to be granted by the court. One of the most common conditions of pro-
bation is that the offender serve a jail term prior to his placement under
supervision in the community. In 1969, there were 27,458 adult defendants
granted probation by superior courts. In 11,470 (42%) of these, a jail
sentence was a condition of probation. 6 It is not known how long each of
these sentences were, but it is unlikely that they were a year, or longer.
At the present time, it is not known whether jail as a condition of
probation is more or less effective in reducing recidivism than straight
probation. Research is urgently needed on this question, since, as noted
in the Jail Task Force Report, approximately 40% of the sentenced jail pop-
ulation presently are serving terms as a condition of probation. It is the
belief of the Probation Task Force that many of the above offenders could
be placed on straight probation without seriously jeopardizing the safety
of the community. This action also would be consistent with the principle
of retaining offenders in the community whenever possible, rather than
isolating them from it. Furthermore, minimizing the use of jail as a condi-
tion of probation would result in substantial savings. It has been esti-
mated that the average per capita annual cost for successful cases on
straight probation is $247, while the costs range between $1,000 and $3,000
if jail is a condition of probation.7
Fines and restitution also are stipulated conditions of probation,
and tend to be imposed more frequently in the municipal courts than in the
superior courts of the State. (On the other hand, the condition of jail is
specified more frequently in the superior courts.) According to the statis-
tical report of a large adult probation department in the Bay Area, there
were 2,681 persons admitted to probation in 1970. Of these, 812 had to pay
a fine as a condition of probation, 100 were required to make restitution,
and 193 had to pay a fine in addition to making restitution. Thus, of the
2,681 probationers, 1,105 persons (41%) had fines, restitution, or both
- 23 -
imposed as conditions of their probation. Of this number, 823 were munici-
pal court cases and only 282 were from the superior courts. It is signifi-
cant to note that while fines could very likely be an effective device in
reducing recidivism, especially for property offenders, it is not commonly
a condition of probation in the superior courts of the State. Further
corroboration of this fact was reported in a recent study which found that
of 17,000 property offenders sentenced by the State's superior courts, only
750 received fines. 8
There also are a number of specialized conditions that can be imposed
if the probation officer or court deems them to be necessary. Some of these
stipulate that the probationer receive psychiatric treatment, that he pay
child support, or that he pay court costs. There almost always are standard
or routine conditions specified, such as not violating any laws, not leaving
the county without permission, not associating with persons who have been
in difficulty with the law, actively seeking or maintaining employment, re-
fraining from the use of alcoholic beverages, and so forth.
Judges, juvenile justice commissions and a probation committee, dis-
trict attorneys and public defenders were asked to describe what kind of
conditions are regularly imposed on persons granted probation in their county,
why, and how strictly the conditions should be enforced. It was accepted
generally that conditions such as those mentioned above were imposed in
order to help clients stay out of trouble.
However, the evidence shows that the appropriateness and relevance
of the conditions for the client often was overlooked and that a need exists
for a review of the whole matter. One indication of this need came from a
member of the judiciary who responded frankly to the question of why certain
conditions were given without reference to their appropriateness by saying,
"Because they always have been imposed." Other proof of the need for change
came from the frequent observations of probationers that conditions often
were meaningless, irrelevant, non-individualized and overly restrictive. As
examples, some reported being told not to associate with other persons on
probation, even though members of their own household were under supervision.
In one community, a seven o'clock curfew was imposed on a mature teenager
even though his offense was related to traffic. In another county, some
married women probationers complained that they were threatened with revoca-
tion if they became pregnant.
That there is value in having probation conditions is evident in the
fact that 75% of 2,039 clients responding to this part of the questionnaire
said conditions usually or sometimes helped them obey the law. The need is
to move now toward more relevant conditions. Further support for this stance
is found in the observation of the President's Commission on Law Enforcement
and Administration of Justice that conditions of probation must be appropriate
to the needs of the individual case in order to have differential treatment.9
The Probation Task Force strongly suggests that the impact of the
various conditions of probation on the recidivism rate be systematically
investigated. It is likely that a jail sentence preceding probation will
be more effective for certain types of offenders, but not for others. The
- 24 -
same is likely to be true for other conditions that are commonly imposed.
Only after a period of systematic evaluation will there be information on
the relative effectiveness of the various conditions. If some turn out to
be effective in reducing recidivism, then they should be specified as con-
ditions of probation; if others are found not to be effective, then they
should be abandoned.
Classification and Treatment Systems
In 1964, the Board of Corrections conducted a study of probation
services in California. One of the major recommendations of that study
was to reduce the size of the burgeoning caseloads throughout the State.
The report was quick to point out, however, that reduced caseloads per se
were not sufficient to bring about more effective probation supervision,
and that an efficient classification system must be adopted to provide
meaningful and individualized services to probationers. "Without commit-
ment to classification, probationers receive a generalized, often meaning-
less, service that is best characterized by the current goal of probation:
one probationer--one contact a month. "10 The 1964 Probation Study found
that classification was not a regular part of the operational activities of
any of the 17 probation departments selected for the study. 11
Since classification was recommended by the 1964 study, the Probation
Task Force, using the same 15 counties as the 1964 study, attempted to de-
termine the extent to which classification systems are now being used by
the various probation departments. Interviews with probation staff and ad-
ministrators revealed that most classification and treatment systems current-
ly were operating only in probation subsidy units, although there were some
exceptions to this. Classification systems solely for case management pur-
poses existed in many regular probation units.
One of the items in the Task Force questionnaire asked probation
officers whether they were using a classification system with the probation-
ers under their supervision. Fully 41% of the line workers said that they
were not using any system; an additional 38% asserted that they were using
a classification system, but it was of no help in the treatment process.
While there were differences between subsidized and non-subsidized units
(more probation officers from the former type of unit claimed to be using
classification), the data clearly showed that in no instance did a majority
of probation officers claim that they were using classification effectively.
It was also found that, while many staff would like to use a differ-
ential treatment classification system, they lacked an adequate level of
understanding of the way such a system should be used. In addition, inter-
views revealed a lack of planning for case management. The questionnaire
disclosed that fully one-quarter of probation staff members felt their agen-
cies did not encourage them to develop individual treatment plans and to
implement them. This is in direct contrast to the opinion expressed by the
President's Crime Commission that one of the major requirements for using
a differential treatment system is an adequate case analysis and planning
procedure. However, it is consistent with the Commission's observation that
careful planning by probation officers is almost non-existent. 12
- 25 -
Support was expressed during interviews for the idea of matching
officers with clients by personality types. In addition, questionnaire
responses indicated that 75% of 875 staff at all levels supported the match-
ing concept. Because of a failure to understand the way in which classifi-
cation is used for treatment purposes, a number of negative views were ex-
pressed (such as classification is merely a "labeling process" and is "de-
humanizing"). Other negative statements came from those who felt that the
particular system being used was ineffective.
It is quite evident that the years separating the 1964 study and the
present Probation Task Force Report have not witnessed the widespread use
of classification--even with the existence of subsidized units with reduced
caseloads--nor any great acclaim as to its effectiveness in the supervision
of probationers. While an increasing range of approaches and techniques
were noted (such as psychodrama, Gestalt and other forms of group therapy,
conjoint family therapy, transactional analysis, reality therapy, audio-
visual equipment for "instant playback", recreational and camping trips,
drug schools, weekend work or other programs, remedial tutoring, vocational
training and counseling by private agencies, etc.), the standard "treatment"
practice for the great majority of probationers still consisted of 10 to 15
minute "across the desk" office type interviews on a once a month basis
(less often for many adults) and frequently under rushed circumstances (e.g.
with a line of other clients waiting). Even in some intensive supervision
programs, the nature of supervision had changed little, i.e. the additional
time provided by reduced caseloads was used mainly to offer more of the
same type of service that had traditionally been offered. A related problem
was that the great bulk of probation officers worked hours which were in-
convenient for most clients and which inevitably led to long waiting lines
and short interviews. On the other hand, a number of counties, particularly
in their subsidy units, had implemented many of the treatment strategies
mentioned above, in addition to others, and had begun to demonstrate more
flexibility in their programs and the hours they were available.
There is great variation in the types and intensity of probation
services which are offered to clients. These range from phone or mail super-
vision to daily contacts in which probation officers almost "lived" with some
youngsters. Subsidy units, because of their smaller caseloads and richer
resources, tended to have the most innovative and progressive types of pro-
grams. A number of the most promising treatment efforts will be discussed
in more detail in a following section entitled "Program Highlights".
However, overall it was found that probation contacts tended to be
similar, infrequent and fleeting. In fact, the probation officers them-
selves questioned the quality of their services. One of the items in the
staff questionnaire asked them to estimate the quality of services provided
by their agencies. Only 36% of all staff (33% of subsidy staff) rated the
general quality of correctional services in their agencies as "high".
The general conclusion of Task Force staff is that most probation
programs offer minimal treatment and the treatment they do offer tends to
be the same, for the great majority of probationers, with the exception
that some offenders receive more of it. The direction that probation is
- 26 -
only beginning to pursue incorporates sophisticated programs of differential
treatment, i.e. developing and implementing separate correctional strategies
for different types of offenders.
However, many of the staff and administrators were aware of the exis-
tence of at least one classification system. When they were queried by the
Task Force as to what were the most promising classification systems, several
were mentioned. The one most frequently cited was the "I-level" classifi-
cation system in which offenders are classified according to a given level
of interpersonal maturity. According to the theory of interpersonal maturity,
individuals progress through several stages of socialization. 13 Each succes-
sive stage of development involves a greater degree of interpersonal compe-
tence and skill. The theory asserts that there are seven levels of inter-
personal maturity and individuals who are fixated at the lower levels tend
to be poor role-players and dependent personalities.
The theory of interpersonal maturity has clear implications for dif-
ferential treatment. In California, both Youth Authority wards and some
probationers have been classified into one of the levels of interpersonal
maturity and then provided with treatment services that would logically
appear to be related to deficiencies characterizing the particular type. 14
For example, a youth classified as being very immature would require some
form of placement where his dependency needs could be met. This classifi-
cation system has been used with some success in the Community Treatment
Project, and is discussed in greater detail in the Juvenile Institution
Task Force Report.
While the I-level classification system holds much promise, a number
of cautionary remarks should be made to prevent its uncritical use. First,
this system assumes that offenders are interpersonally immature as compared
with non-offenders in the general population. 15 A substantial body of re-
search has been conducted on this general matter, and as yet none of it has
uncovered a trait or set of traits that clearly differentiate criminals and
delinquents from non-criminals and non-delinquents.
A second point to keep in mind is that more than one classification
system is likely to be needed by the correctional services. There are many
offenders who do not exhibit any clear sign of emotional or mental disorders.
Instead, their crimes may result from social forces beyond their control,
such as a sagging economy; high unemployment rates; discriminatory policies
in unions, business and industry; and other limited opportunities. Under
such conditions, psychologically healthy individuals can succumb to these
forces.
A final point to keep in mind is that classification systems are
abstractions which might not accurately describe a group of individuals.
Some individuals do not neatly "fit" into any given category; and even when
they are classified, they are not clearly distinguishable from persons who
have been classified into other categories. 16
The above remarks are not intended to discourage the use of classifi-
cation systems. Rather, they are made with the aim of encouraging the in-
- 27 -
telligent and effective use of such systems. There is little doubt regard-
ing the validity of the idea of differential treatment. Different types of
offenders have different needs, and one of probation's major tasks is to
decide "who needs what type of service". Effective differential treatment
assumes statutory flexibility, a minimum of restrictive probation conditions,
greater and more varied use of community resources, including volunteers,
para-professionals, and ex-offenders, and greater public understanding and
support.
The Probation Officer as "Services Manager"
Effective "treatment" involves not only the rehabilitation of the
offender, but also his successful reintegration into the community. Rehab-
ilitation involves strategies of intervention that are aimed at changing
the individual client. Some of these strategies are counseling, casework,
and psychotherapy. All of these are attempts to help the individual gain
more insight into his personal problems in order to bring about behavioral
change. A long-standing tradition of probation has been to offer counsel-
ing and casework services to probationers, and the Task Force found that
these continued to be assigned positions of high priority in the minds of
most probation officers. When asked if they used any form of counseling,
such as individual, family, or group counseling, almost all of the probation
officers (95%) stated that they used at least one of these. It is quite
clear that probation services are conceived largely in "casework" terms.
Another major goal, as indicated in all of the Task Force Reports,
is the successful reintegration of the offender into the mainstream of the
community's life. This means academic and vocational training, the creation
of employment opportunities, health and welfare services, legal services,
housing, and so forth. While the probation officer cannot be expected to
be an "expert" in all of these areas, he can be expected to coordinate and
manage the dispensing of the variety of community services that can be made
available to the probationers. The probation officer's role is most aptly
described as a "services manager". His task is to locate the range of in-
dividuals, agencies, and organizations that can be helpful in reintegrating
the probationer back into the community. In this regard, the probation
officer may have to spend more time with the agencies and organizations
providing specialized services, than with his individual probationers. This
is not to say that casework services will be less important than was pre-
viously the case; rather, it means that the probation officer will not be
as directly involved in the dispensing of specialized services. His task
will be to identify the needs of the offender, locate the appropriate ser-
vices, and coordinate them to his client's best advantage. Seen from this
perspective, the probation officer is the central figure in the network of
community services.
There is an increasing amount of evidence to suggest that services
provided by the probation officer as such are not as important as the ser-
vices provided by other individuals and groups in the reintegration process.
For example, one study investigated the reasons for the successful comple-
tion of supervision of 75 Bay Area Federal probationers and parolees. 17
- 28 -
This group was asked, "How do you account for your success on supervision?"
Similarly, the officers and a friend or relative of each offender were asked,
"How do you account for the offender's success on supervision?" The re-
sponses to these questions are reproduced in Table V. In summarizing the
results of this study, Sigurdson has noted that:
"One is immediately struck with the high level of agreement
in the response pattern of officers, offenders, and third
parties interviewed. What is more significant is that only
20 percent of the officers themselves and even smaller per-
centages of offenders and third party respondents--12 percent
and 15 percent, respectively--associated the efforts of the
supervising officer with successful completion of supervision.
It is apparent from these findings that the officer plays
a rather insignificant role in the rehabilitation of most of
his charges. "18
This and other studies thus suggest that the probation officer may have a
greater contribution to make on a broader community level in the role of
arranging for and coordinating services to his probationers.
Summary. Almost without exception, correctional authorities have
endorsed the idea of classification and differential treatment of offenders.
But two problem areas remain. The first pertains to which system or systems
to employ in the field of probation. While I-level offers a good deal of
promise, there are other typological systems as well. For example, the
President's Corrections Task Force outlined the characteristics of a general
offender typology of: prosocial offenders; antisocial offenders; psuedo-
social offenders; and asocial offenders. 19 This classification also holds
some promise. But at the present time, any of these systems should be con-
sidered as tentative. It is clear that more research and experimentation
are needed to determine the relative effectiveness of competing typological
systems.
The second problem area has to do with the assimilation of research
findings into routine programs and policies. To date, despite the vast
amount of research that has been conducted in various facets of corrections,
especially in typological systems, a notable gap continues to exist between
research findings and correctional practice. 20 Perhaps the most important
problem facing all of corrections is to determine how best to translate re-
search findings into viable agency policies.
But despite the above concerns, the ideal of differential treatment
should continue to be a major goal of probation, and indeed of all correc-
tions. As the President's Commission on Law Enforcement and Administration
of Justice has pointed out:
"More individualized and systematically differentiated
treatment and control of offenders is (a) major requisite
of more rational and effective corrections. "21
TABLE V
FREQUENCY OF RESPONSE BY ORIGIN AND CATEGORY
Origin of
Response
Category of Response
Assistance
Personal
from
Strengths
Fear of
Non-
Family
Employment
or
Religious
Social
Further
criminal
and
or
Emotional
Probation
or Ethical
Respon-
Legal
Orientation
Friends
Training
Growth
Officer
Principles
sibility
Action
Other
75 Officers
41
43
34
34
15
6
9
14
4
29 I I
75 Offenders
43
40
40
39
9
13
11
21
8
Family or
friends
*
38
57
53
39
11
11
17
16
9
*
For a variety of reasons it was possible to interview only 49 families or friends of the 75 offenders; for
purposes of comparison, their responses were projected to a total of 75.
Source: San Francisco Project, A Study of Federal Probation and Parole, Research Report No. 13, National
Institute of Mental Health, 1967, Tables 13, 14,15.
- 30 -
Similarly, the Youth Authority's Community Treatment Project has demonstrated
that:
=
it is the differential or intensive/extensive treatment
aspects
which appear to be of fundamental importance. "22
However, consistent with its tortoise-like tradition, probation has been
slow to peer out from under its shell and move forward. The fact is that
probation's main incentive has come from State subsidization and that, with-
out increased subsidization and encouragement by the State, little additional
progress is anticipated in the near future.
Client Views of Treatment
A variety of responses were received when probationers were asked
what it was like being on probation. Many of the answers were in a negative
vein. Clients told of their resentment to overt displays of authority on
the part of the officers, of probation terms which were too long, and of
regulations which seemed childish. Illustrative of the last point was a
report from probationers recently released from jail that they were prohib-
ited from visiting inmates, even family members, still in jail until a cer-
tain time had elapsed after their own release.
Frequency of contact with probation officers. A major concern of the
Task Force was to determine from the clients' perspective how frequently they
had contacts with their probation officer. Table VI presents information on
frequency of contacts, average length of each contact, and whether the pro-
bation officer had ever visited the probationer's home. The data show quite
clearly that clients in subsidized units claimed having considerably more
contact with their probation officer than those who were being supervised
in non-subsidized units. In fact, throughout the study, most of the posi-
tive comments were made by probationers in the subsidy units.
At the same time, however, it should be noted that of the clients
under subsidy supervision, fully 25% of the juveniles and 42% of the adults
claimed seeing their probation officers only once a month or less. In addi-
tion, only 28% and 34% of the juvenile and adult probationers, respectively,
in subsidy programs estimated that their probation officer usually spent an
hour or more with them. Thus, in terms of contacts, while there were defi-
nite differences between subsidized and non-subsidized units, neither group
estimated having a great deal of contact with their probation officer.
It would appear, therefore, that the subsidy program has succeeded
in increasing contact between the probation officer and his charges. In
1964, the Probation Study found that the average caseload for adult proba-
tion officers was 209 cases, which was four times the recommended national
standard and three and one-nalf times the recommended State standard. 23 For
juvenile probation officers the median caseload size was 78.9 cases, sub-
stantially in excess of any State or national standard. 24 While the 1964
study did not estimate the number of contacts probation officers had with
- 31 -
TABLE VI
CLIENT CONTACTS WITH PROBATION OFFICERS
(Percentage Distribution *)
Juvenile
Adult
Non-
Non-
QUESTION
Subsidy
Subsidy
Subsidy
Subsidy
(N=280)
(N-440)
(N=250)
(N=1,077)
How often do you usually see
your probation officer?
Never seen
1
3
--
4
Once a week
42
17
24
3
Semi-monthly
34
21
35
6
Once a month
17
42
34
66
Every 2 or 3 months
6
12
5
14
Less often
1
5
3
7
How much time do you usually
spend together?
Few minutes
22
31
15
37
Half hour
50
49
50
51
An hour
23
17
23
10
Over an hour
5
3
12
2
Has probation officer ever
come to where you live?
Yes
85
74
73
32
No
14
25
25
62
Don't know
1
2
2
6
* Percentages may not add to 100% because of rounding.
- 32 -
caseloads of 209, judging from the comments made by judges, probation offi-
cers, and others during panel interviews, it is clear that they were minimal.
Since 1966, it has been possible to reduce some caseloads below 50 through
the State subsidy program, and as Table VI shows, this has had the effect
of increasing the amount of contact probation officers have had with their
charges.
Perceived helpfulness of probation officers. Both juvenile and adult
probationers were asked to evaluate how helpful their probation officer was
in a variety of areas. The results of these queries are presented in Table
VII. There are several points worth noting about the data. First clients
under subsidy supervision did not uniformly evaluate their probation offi-
cer as being more helpful than the clients under non-subsidy supervision.
In general, there are fairly consistent differences between the subsidized
and non-subsidized units among juvenile probationers. Those under subsidy
supervision claimed, more frequently than juveniles under non-subsidy super-
vision, that their probation officer always helped them with any kind of
trouble (42% vs. 27%), always helped with problems at school (32% vs. 21%),
always helped when looking for a job (24% vs. 9%), and had a lot of personal
concern (50% vs. 39%).
However, the differences between adult probationers under subsidy and
non-subsidy supervision were not nearly as great, nor as consistent. The
only clear difference between these two groups was found to be in the area
of employment. Thirty-one percent of the clients in subsidy units claimed
that their probation officer was always helpful when looking for work or
with problems on the job, while only 18% of the non-subsidy unit clients
claimed this to be the case. Beyond this one area, however, the differences
between the two groups are not significant.
In short, the data suggest that the State subsidy program has had a
more positive impact on the supervision of juvenile than adult probationers.
A second point worth noting in Table VII is that in no instance did
the clients enthusiastically endorse their probation officer. There is not
one instance where at least a two-thirds majority checked the "most favor-
able response category". Instead, the evaluations were less than enthusias-
tic, or flatly negative. For example, when asked, "How can your probation
officer help you most?", fully 38% of all the clients answered, "leave me
alone", or something "other" than the response categories listed. In addi-
tion, responses to this item did not differ between probationers who were
and were not under subsidy supervision.
Thus, in conclusion it appears that subsidy programs have not had an
overwhelming impact on probationers' evaluations of the helpfulness of their
probation officer. Whenever they do make a difference, it is likely to show
up among juvenile, rather than adult probationers. Adult probationers under
subsidy supervision are, however, quite likely to be helped in the field of
employment.
- 33 -
TABLE VII
CLIENT EVALUATION OF HELPFULNESS OF PROBATION OFFICERS
(Percentage Distribution *)
JUVENILE
ADULT
QUESTION
Subsidy
Non-Subsidy
Subsidy
Non-Subsidy
When you have troubles of any kind, does (N=280)
(N=440)
(N=250)
(N=1,077)
your P.O. help you solve them?
Always helps
42
27
38
32
Sometimes helps
34
33
29
23
Never helps
2
4
2
3
I have not needed help
23
36
31
42
Is your P.O. helpful to you when you
have problems at school?
Always helpful
32
21
11
5
Sometimes helpful
29
26
6
4
Never helpful
2
7
3
1
I have no problems at school
27
35
15
13
I am not in school
10
11
65
76
Is your P.O. helpful when you are look-
ing for work or have problems on the job?
Always helpful
24
9
31
18
Sometimes helpful
20
12
16
13
Never helpful
8
16
9
9
I have no problems at work
22
27
36
54
I am not of working age
26
37
7
7
Does talking with your P.O. help you
stay out of trouble?
Helps very much
33
32
42
40
Helps some
55
51
44
38
No help at all
12
14
14
16
P.O. does not talk with me
I
3
--
6
If you wanted help from your P.O., do you
think you could get the help you want
right away?
Yes
56
51
65
62
No
12
11
9
8
Don't know
32
37
26
30
How much concern does your P.O. have
for you?
A lot
50
39
51
44
Some
23
28
30
29
None
3
6
4
5
Don't know
24
27
16
22
How can your P.O. help you most
Be available when I want him
21
19
11
18
Listen more to what I say
12
11
10
11
Both of the above
33
35
34
32
Leave me alone
14
14
12
13
Other
21
21
34
26
*Percentages may not add to 100% because of rounding.
- 34 -
Perceived helpfulness of other persons. The clients were also asked
to assess the helpfulness of persons other than their probation officer, as
well as the helpfulness of their home, job, and probation rules, in keeping
them out of trouble. Table VIII presents the appropriate data. The first
thing to note is that no one person was singled out and identified as clearly
being the most helpful in keeping the probationers out of trouble. For the
juvenile probationers, parents were identified as being most helpful (37%
of the subsidy probationers and 40% of the non-subsidy clients), while for
the adult probationers, the spouse was singled out as being the most helpful
(21% for the subsidized units and 25% for the non-subsidized units). Overall,
parents, spouses, and relatives were evaluated as being the most helpful group
of individuals.
The juvenile probationers under subsidy supervision evaluated the pro-
bation officer as being more helpful than did non-subsidy juvenile probationers
(19% vs. 10%), again suggesting the program's greater impact among juvenile
clients in reduced caseloads. Adult clients, however, did not rank the pro-
bation officer as high.
When the clients were asked to evaluate the helpfulness of their home
and job, the picture changed. Both juvenile and adult offenders in subsidy
and non-subsidy units asserted that a job helped them keep out of trouble.
While the percentages are somewhat lower for juveniles than adults, the
positive evaluation of employment is nevertheless clear. While a job was
perceived to be an important deterrent to crime and delinquency, it will be
recalled that at the same time fewer than one-third of all the clients said
that their probation officer had always been helpful when looking for work
or with problems on the job (Table VII).
Both groups evaluated the home as being almost as important as the
job in keeping them out of trouble.
Juvenile probationers assigned less importance to the helpfulness of
probation rules than did the adult probationers. Of the former group, 45%
under subsidy supervision and 41% under non-subsidy supervision asserted
that probation rules usually helped them to obey the law. The percentage
rose among adult probationers to 53% for the subsidy units and 60% for the
non-subsidy units. These data suggest that various conditions imposed on
offenders when they are placed on probation will be more effective for adults
than for juveniles. Apparently the greater experience and maturity of the
adults plays a role in the relatively positive assessment of the helpfulness
of probation rules.
In short, the only factors that were clearly defined by probationers
as being helpful were the job and the home. However, no specific individual
was singled out as being definitely helpful. Of those evaluated, parents
and spouses were mentioned as being moderately helpful. Probation rules
were evaluated as being more helpful in obeying the law than were the proba-
tion officers themselves. This was especially true of the adult clients
under supervision. Finally, with only one exception, there were no signifi-
cant differences between probationers under subsidy and non-subsidy super-
vision; that exception was in the assessment of the probation officer among
- 35 -
TABLE VIII
CLIENT EVALUATION OF HELPFULNESS OF OTHER INFLUENCES
(Percentage Distribution *)
Juvenile
Adult
Non-
Non-
Subsidy
Subsidy
Subsidy
Subsidy
QUESTION
(N=280)
(N=440)
(N=250)
(N=1,077)
Who helps you most to stay out
of trouble?
Parent
37
40
17
15
Spouse
3
2
21
25
Relative
3
4
2
4
Friend who has been in
trouble
8
16
8
7
Friend who has not been
in trouble
11
11
14
10
Employer
--
--
3
2
Teacher
1
--
1
--
Probation Officer
19
10
12
12
Police
1
1
2
2
No one helps
16
15
20
22
How much does a job help in
keeping you out of trouble?
A lot
55
47
64
70
Some
14
14
15
14
None
6
6
14
9
Not of age
25
33
8
6
What effect does your home have
on keeping you out of trouble?
A lot
47
50
63
62
Some
35
33
22
19
None
18
16
15
19
Do probation rules help you obey
the law?
Usually
45
41
53
60
Sometimes
36
32
24
21
Never help
11
14
18
12
Don't know
8
12
5
8
* Percentages may not add to 100% because of rounding.
- 36 -
juvenile clients. Those on reduced caseloads gave a more positive assess-
ment of the probation officer than did those in large caseloads.
Summary. The 1964 Probation Study found that caseloads in California
were excessively large when compared to national and State standards. The
study called for a State subsidy program aimed at reducing caseloads; and
since 1966 the State has been subsidizing counties to allow at least some
of the probation officers to work with caseloads of substantially less than
50 clients. The data presented in this section clearly indicate that the
reduced size has resulted in increased contact between the officer and his
client. There were great and consistent differences between clients under
subsidy and non-subsidy supervision.
However, the increased contact has not always resulted in providing
clients with better service. The data suggest that the subsidy program has
resulted in improving services for juvenile clients, but not necessarily for
adult clients. For the latter group, the one major area where increased
contact through reduced caseload size apparently has made a difference is
in the area of employment. But in other areas the quality of service for
adult probationers on reduced caseloads has not necessarily improved. Per-
haps it is not surprising to see reduced caseloads making a greater differ-
ence among juvenile than adult probationers. Being younger, the former
group can more readily profit from the more intensive supervision made pos-
sible by reduced caseloads.
Finally, it should be noted that overall client evaluation of the
quality of services provided by the probation officer was only moderately
favorable. In no area did clients as a group enthusiastically evaluate his
helpfulness. In fact, other persons were seen as playing an equal or more
important role in the rehabilitation and reintegration process. This fact,
however, should not be taken as evidence of the failure of probation, the
subsidy program, or the individual probation officer. The probation officer
cannot be all things to all persons; no one person can be. Rather, it should
be taken as possible evidence of misplaced emphasis regarding the probation
officer's role. As indicated in the previous section on Classification and
Treatment, perhaps the focus needs to be shifted somewhat away from directly
providing all services to the client and more towards enlisting the aid of
various persons and groups in the community. Perhaps the probation officer
should be viewed more as a "broker" or "manager of services in the community"
than solely as a "caseworker". Within this framework, the probation officer
would not be the person to provide, for example, all casework services to
his client. Instead, he would often attempt to locate appropriate casework
services in the community and make them available to the client. In short,
the thrust of the probation officer's efforts needs to be directed more to-
ward the community as well as the individual probationer--with the goal of
involving the community in the reintegration process. Much of his job then
would center around locating services, coordinating them, identifying areas
where services do not exist, playing a role in creating them, and assessing
their relative effectiveness in reintegrating the offender back into the
community.
- 37 -
III. STRUCTURE
The most typical organizational structure for probation departments
involves the juvenile court judge as the appointing power for the chief
probation officer. Most chiefs have an assistant chief, directors or chiefs
of divisions or sections, staff supervisors and line workers to supervise
the clients. Divisions typically are established for adult work, juvenile
work, and institutions. Depending on internal factors, mostly relating to
the size of the department, the assistant chief may be used in a direct line
of administrative control, or may be used as a partial supervisor, or may
be completely bypassed by the chief in the chain of command. Several de-
partments in the study were found to have no assistant or division chiefs.
The span of control of staff appeared to be adequate in most instances, al-
though there were some instances where supervisory staff or the department
head appeared to have far too many persons under their immediate supervision.
In one of the sample counties, a chief probation officer was supervising
nine officers, in addition to the juvenile hall staff, with help from an
assistant who was carrying a half caseload. Another county had supervisors
with as many as 19 workers in their units.
Communication
The problem of faulty communication was demonstrated by a failure on
the part of some staff to comprehend departmental policies. Line workers
in several departments felt communication was not coming clearly from the
top and, in return, they were unable to communicate to administrators their
lack of comprehension of departmental policies. When asked in the question-
naire to estimate the clarity of agency philosophy and policy, most officers
gave either a "middle of the road" answer, or asserted that philosophy and
agency policy were unclear. A similar response came from both adult and
juvenile workers in subsidy and non-subsidy units to the questions request-
ins evaluation of communication within departments. However, line workers
and supervisors rated the quality of downward and upward communication lower
than did administrators and department heads. Details of these responses
are reported in Table IX. In some instances, evidence of bypassing the chain
of command was reported, resulting in some confusion on the part of those
bypassed. This occurred both within departmental administrative structure
and, more frequently, when there was a line of authority running to and from
a judge (in which case the judge sometimes became the de facto administrator
of the probation department).
Several examples of good communication were noted in the counties
studied. For example, in one of the small counties, both the chief and his
assistant were readily available to staff; similarly, in one of the large
counties, the formal structure was able to facilitate rather than inhibit
communication. In both instances, the facilitation occurred because those
in the lines of communication were able to talk and to listen. The oppor-
tunity given some staff to share in decision-making also assisted the com-
munication process. However, it is not a widely practiced procedure as the
questionnaire results make clear. Staff were also asked to estimate the
TABLE IX
EVALUATION OF COMMUNICATION BY PROBATION STAFF
(Percentage Distribution *)
Department
QUESTION
Total Staff
Line Workers
Supervisors
Administrators
Heads
(N=881)
(N-727)
(N=115)
(N=28)
(N=11)
Estimate how clear the philosophy
and policies of your agency are:
Clear
28
29
22
39
55
In between
37
35
41
50
36
Unclear
35
36
37
11
9
Estimate how good the downward
communication in your agency is:
38 I I
Good
30
31
25
37
64
In between
33
32
36
44
36
Bad
36
37
39
19
--
Estimate how good the upward
communication in your agency is:
Good
27
25
29
28
64
In between
36
34
44
54
27
Bad
38
40
27
18
9
Estimate how good the lateral
communication in your agency is:
Good
61
62
58
43
100
In between
30
29
35
50
:
Bad
9
9
8
8
--
*
Percentages may not add to 100% because of rounding.
- 39 -
extent to which they had a voice in administrative decision-making. Their
responses tended heavily toward the "no voice" end of the scale--two-thirds
of the line workers and 45% of the supervisors said they had little or no
voice in this area.
In summary, it is evident that the quality of communication has not
improved since the 1964 Probation Study. That study strongly suggested in-
ternal changes within departments that would result in improved communication,
and an improved understanding of the philosophy and policies of probation. 25
However, the Probation Task Force found that the situation in the area of
communication was substantially the same as it was in 1964. Accordingly,
the Task Force suggests that the whole area of communication needs immediate
attention and that efforts should be made to clarify and communicate philoso-
phies and policies to all staff in a more straightforward fashion, particu-
larly in smaller sized departments. Upward and downward channels of communi-
cation are always in need of reinforcement and data clearly indicate that
such reinforcement is needed at this time in many counties.
Job Satisfaction
A number of items in the questionnaire explored job satisfaction of
the staff. As seen in Table X, the adult probation officers expressed some-
what more dissatisfaction with their job than did the juvenile probation
officers. The former group was somewhat less satisfied with promotional
opportunities, workloads, and general working conditions. They were defi-
nitely not satisfied with the adequacy of clerical and stenographic help
(also a problem in 1964), and estimated the morale of their agencies to be
somewhat lower than did the juvenile probation officers. It was generally
agreed among staff members that adult supervision appears to have the least
priority of any part of probation.
Some probation officers expressed the feeling that their supervisors
and chief probation officers were non-supportive, inadequate, and suppressive
of new ideas. Staff was asked by questionnaire if their agency encouraged
flexibility and creativity; 42% replied that they felt their agency discour-
aged creativity. Probation officers also voiced serious concern over the
lack of risk-taking and progressiveness within their agencies, feeling this
to be inhibiting the application of new treatment methods. Over half (53%)
responded on the questionnaire that their departments were conservative;
only 20% saw their departments as progressive.
Table X also shows that a number of substantial differences in job
satisfaction existed between subsidy and non-subsidy probation officers.
The former group clearly expressed more satisfaction with workloads, and
with adequacy of clerical and stenographic help. In 1964, the Probation
Study found the workloads to be excessive, and many line workers, supervi-
sors, and administrators expressed concern over unmanageable loads. 26 It
appears that the State subsidy program has had a favorable impact in this
regard, and this is reflected by the more favorable attitudes expressed by
probation officers supervising reduced caseloads. However, they were less
satisfied with the promotional opportunities, and with their salary. They