A Uniform Code of Procedure for Revoking Probation

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Table of Contents

I. Introduction

Criminal probation is an alternative to incarceration in which a convicted criminal is allowed to serve all or part of his sentence at

liberty, subject to the supervision of the sentencing court. Probation is generally understood as a more humane and less expensive alternative to jail or prison. Its goal is to monitor and shape a convicted criminal's behavior in order to rehabilitate him into a law-abiding citizen without imposing the stigma or hardships of imprisonment.2 A person on probation is typically required to report to his probation officer regularly, to pay fines, to make restitution, to attend counseling, to exhibit good behavior, and to abide by any other requirements imposed by the sentencing court.3 If a probationer fails to comply with his conditions, he can be charged with a probation violation and brought back before the court. If the state can prove that the terms of probation were violated, then the probation can be revoked, and what began as conditional liberty can become a term of incarceration. While sentencing rules vary from state to state, a judge who revokes probation frequently can incarcerate the probationer for the remainder of his original sentence. In some states, he can impose a new sentence up to the maximum allowed by law for the offense, regardless of how leniently he may have sentenced the offender originally.4