Probation

1. A privilege granted by the court to a person convicted of a crime or criminal offense to remain with the community instead of actually going to prison Probation

2. First probation in 1937 was declared unconstitutional because it covers only provinces that can financially adopt the law

3. PD 968 • Adult Probation Law • Approved on July 24, 1976 • Probation system became operational on January 3, 1978 • Sentenced offenders, 18 years old and above can apply for probation before serving of sentence

4. Application for probation shall be filed by sentenced and convicted offender whose sentence is not more than 6 years imprisonment • Application for probation shall be filed with the court that tried and sentenced the offender

5. Procedures in Applying for Probation • The offender or his counsel files a petition with the convicting court • The court determines convict qualifications and notifies the prosecutor of the filing of the petition • The prosecutor submits his comments on such application within 10 days from receipt of notification • In the petitioner is qualified, his application is referred to the probation officer for post-sentence investigation • The court grants or denies the petition for probation within 15 days from the receipt of PSIR

6. Disqualification for Probation • Those who are sentenced to imprisonment for more than 6 years • Those who are convicted of crimes against the security of the state • Those previously convicted and punished with 1 month and 1 day imprisonment or more • Those previously fines with more than P200.00 • Those who were previously granted probation under PD 968 • Those who were already serving sentence when probation became applicable

7. Court will not grant probation if: • The offender can be treated better in a mental institution or other places for correction • The offender is a dangerous risk to the community • The offense is grievous to the eyes of the community

8. Conditions of probation: • The probation must present himself to his probation officer within 72 hours • Report to his probation officer at least once a month • Not commit any crime • Comply with any other lawful condition imposed by the court

9. In case of violation of probation: • The court may modify the conditions of probation • The court may commit the probationer to jail • The court may revoke probation

10. If the probationer commits a crime while on probation: • The probationer will be arrested for violation of the condition of probation • Prosecution of the new crime • The court will order the serving of the original sentence of the previous offense

11. Period of Probation: • Not more than 2 years if the period of imprisonment is 1 year or less • Not more than 6 years if the sentence is imprisonment is more than one year but not more than 6 years

12. How are probationers supervised? • Probationers report to their probation officer as often as indicated in the conditions of probation • The probation officer sees to it that the conditions probationers given by the court are followed • Probationers are helped to develop themselves and learn skills if they do not have any • To bee gainfully employed so they can be useful members of the society • House visits and follow-up in their places of work may be done if needed • Probation officer makes regular reports about the probationers to the court

13. Objectives of Probation • To promote the correction and rehabilitation of an offender by providing him with individual treatment under the guidance of a trained probation officer • To prevent the commission of another offense • To provide an opportunity for the reformation of a penitent offender which might be less probable of he were to serve a prison sentence

14. Advantage of Probation • The government spends much less when the offender is released on probation that if he were imprisoned • The offender and his family are spared the embarrassment and dishonor of imprisonment • The offender is able to continue working and can therefore pay damages to the victim