Search results

In the current chapter, we discuss the shape and contours of the field of probation in Romania as they appear in scientific literature and mass media, focusing on the concerns academics and professionals have voiced about Romanian probation. We analyse the timeframe from 2014 to 2021, after the introduction of the country’s New Penal Code (NPC). We structure our argument as follows. The chapter begins with a short incursion into the historiography of probation as a field in Romania. The focus, however, is on the adoption of a NPC in 2014, as this was a significant moment that led to changes for both probation workers and probationers. While we present the first 25 years since probation was instituted in Romania in 1997 as a period of experiments, trials and errors, we aim to highlight the development and consolidation that occurred in the period after 2014 (see Durnescu 2008, 2015; Preda, 2015a, 2017; Sandu, 2016). The NPC was intended to bring forward a reconfiguration of the probation system in Romania (Preda, 2015b). Beyond the promise of the NPC, the 2014–2021 period is one where probation edges into the public sphere via extensive media coverage, including the considerable number of probationers or a string of protests by probation counsellors who felt overworked and overwhelmed. We continue the chapter by analysing the composition and the dynamics of the probation population, always looking beyond the mere numbers to other analytic markers (i.e. numbers of obligations and lengths of the probation period). We conclude the chapter by arguing that our discussion of the ‘weight’ of supervision adds to the current understanding of mass supervision by looking at the aggregated impact that different social, political, penal and cultural factors have on probation practice. In other words, large caseloads, limited human resources, precarious material conditions and negative organisational cultures are likely to generate supervision experiences that can be better interpreted by looking and thinking beyond numbers.

In this chapter, I analyse the implementation of the reform to the regimen of alternatives to prison in Chile which occurred in 2013 and how the reform affected how punishment is conceived and translated into practice by professionals supervising probation and community services. The findings suggest the reform that led to the new ‘substitutive sanctions’ also introduced a new risk-oriented-managerial culture that has permeated how punishment is currently enforced and envisaged by supervision professionals; a situation that has been deepening over the years, not only through practice, but also via on-going training that has helped to generate the emergence of ‘cultural’ capital that distinguishes supervision professionals from the larger organisation. This has been combined with a rapid expansion in the use of substitutive sanctions, especially probation and ‘partial reclusion’ that can aptly be analysed under the ‘mass supervision’ premise.

The landscape of the Probation Service in England and Wales continues to be challenged by issues of priorities, workload, and lack of meaningful relationships between offenders and practitioners. In this climate of uncertainty and ‘transformation’, vulnerable offenders on probation become the ones mostly affected due to management plans and license conditions that do not respond to the variability of their needs. This chapter explores the older individuals on probation and uses the framework of Multi-Agency Public Protection Arrangements (MAPPA) to examine the extent to which it may accommodate the needs of this group of offenders in an otherwise risk-based context. This study draws ideas from previous research of the author and aims to develop the existing limited academic attention that older offenders supervised under specialised probation contexts have received. The structure of the chapter remains doctrinal in nature as a response to the need for a more comprehensive and inclusive perception of the risk of reoffending later in life and its implications for bespoke community reintegration strategies. This approach also allows for theorisation of MAPPA’s multi-agency structure and its prospects for the rehabilitation of older offenders. This study finds that as MAPPA only manages violent and sexual offenders, the ‘older MAPPA offender’ becomes a special category for probation that may exhibit a variety of needs and life circumstances. It thereby becomes even more important for these offenders that a constructive working relationship between them and the probation officer is in place. This supports the latter in appreciating what factors lead the individual to offending later in life, and what interventions may be most effective to address their risk of reoffending as well as their needs in the community.

Following the ‘Sarkozy’ era (2007–2012), France has engaged in ‘zero-tolerance’ policies, which have brought an increasing number of people into the criminal justice system (CJS). In an already extremely impoverished CJS, these policies have led to serious financial problems and have made an already existing prison overcrowding problem worse. Consequently, the CJS has gradually opted for a McDonald (Ritzer, 2019; Robinson, 2019) type of offender processing, whether in prosecutor-led procedures (representing roughly half of all penal procedures: Ministry of Justice, 2019) or in the sentencing phase (Danet, 2013). A similar trend has been found in probation and in prisoner release (in French: ‘sentences’ management).

The prison and probation services, which merged in 1999, have since then been in a position to benefit from the 1958 French Republic Constitution, which places the executive in a dominant position and notably allows it to draft the bills presented to a rather passive legislative power (Rousseau, 2007) and even to enjoy its own set of normative powers (‘autonomous decrees’ – Hamon & Troper, 2019). By way of law reforming (2009, 2014, and 2019 laws), the prison and probation services have thus embraced the McDonaldisation ethos. Their main obsession has been to early release as many prisoners as possible in order to free space and to accommodate more sentenced people. To do so, the prison services have created a series of so-called ‘simplified’ early release procedures, where prisoners are neither prepared for nor supported through release, where they are deprived of agency and where due process and attorney advice are removed. Behind a pretend rehabilitative discourse, the executive is only interested in efficiently flushing people out of prison; not about re-entry efficacy. As Ritzer (2019) points out, McDonaldisation often leads to counter-productive or absurd consequences. In the case of early release, the stubborn reality is that one cannot bypass actually doing the rehabilitative and re-entry work. I shall additionally argue that not everything truly qualifies as an early release measure (Ostermann, 2013). Only measures which respect prisoners’ agency prepare them for their release, which support them once they are in the community, which address their socio-psychological and criminogenic needs, and which are pronounced in the context of due process and defence rights truly qualify as such. As it is, French ‘simplified’ release procedures amount to McRe-entry and mass nothingness.

In the current chapter, we examine the nature, distribution and experiences of probation in Canada. More specifically, drawing upon in-depth interviews with probationer loved ones, we examine the experiences of what we refer to as secondary supervision. The concept captures how individuals with a loved one (i.e. family member or partner) on probation understand, make sense of and feel affected by their loved one’s probation order. Complementing existing literature on the collateral consequences of incarceration or ‘secondary prisonization’, we show how secondary supervision burdens probationer loved ones mentally and emotionally as they must navigate the uncertainties of their loved one’s legally precarious status. We highlight the necessity of expanding probation research and of our thinking about ‘mass supervision’ to consider the collateral and unintended consequences of community-based supervision.

Framed by the intersectionality perspective and results from prior research, we examined the effects of race/ethnicity, gender, probation violations, and type of violation on juvenile justice case outcomes in a Mid-Atlantic state.

Bivariate and multivariate analyses in the form of logistic regression were used to assess the extent race and ethnicity, gender, probation violations, and the type of violation, individually and in combination, impact case outcomes.

The findings indicate that the race/ethnicity of the youth, his or her gender, and whether involved in a probation violation and to some degree the type of violation, individually and in some cases, jointly, effect juvenile justice decision making. These relationships often involve receiving both harsh and lenient outcomes. We interpret the results as evidence that stereotyping plays out differently when race/ethnicity and gender intersect.

The study contributes to the general literature by (1) examining the neglected combination effects of race/ethnicity and gender with increased social control within juvenile justice proceedings; (2) including Hispanic youth; and (3) looking at the interrelationships among race/ethnicity and gender with the treatment of probation violators.

Little is known about effective supervision of offenders with debt. This multiple case study aims to gain insight into working elements in offender supervision on debt. This is important for probation officers to choose the most effective interventions in daily offender supervision.

This study included five best practice cases based on both interviews with involved professionals and clients and client file information. One case was described in detail to illustrate what probation officers and clients encounter when working on debt. All five cases were analyzed thematically using pattern matching techniques and crosscase syntheses on debt background, current supervision, barriers and working elements.

Organization processes and lack of aftercare hinder effective supervision. Close collaboration with other professionals (e.g. debt counselors) is important in supervising clients with debt. The client’s own behavior and motivation for supervision are crucial in the success of debt supervision and can be both hindering and effective. Working elements in supervision depend on personal characteristics of professionals involved and on the extent to which elements of a working alliance, particularly trust and bonding, are built.

Support and facilitation from probation organizations regarding primary conditions and collaboration, training professionals in methods of stimulating clients motivation and an effective working alliance are essential to supervise clients with debt adequately.

To the best of the authors’ knowledge, no other in-depth study has yet been conducted on working elements in supervision of probationers with debt.