QuestionsQuestions (Acts No. 4221)
After the sentence has become final and before the defendant has begun serving it.
An investigation and probation officer’s report must be made on the circumstances of the offense, the offender’s criminal record (if any), and the social history of the defendant; and the provincial fiscal must be given an opportunity to be heard.
Yes. The court must enter in the minutes the reasons for its action.
The probationer must be subject to the supervision and visitation of the probation officer and must faithfully comply with conditions imposed by the court.
As to persons placed under his care, the probation officer has the powers of a police officer.
Examples include: (a) not indulging in injurious or vicious habits; (b) avoiding places or persons of disreputable or harmful character; (c) reporting as directed; (d) permitting visitation at reasonable times; (e) truthfully answering reasonable inquiries; (f) endeavoring to be regularly employed; (g) remaining in a specified locality; (h) making reparation/restitution; (i) supporting wife and children; (j) complying with court orders; and (k) refraining from violating laws.
Yes. The court may at any time revise, modify, or enlarge the conditions or the period of probation.
After the probation period, if the probation officer reports compliance and the court finds the probationer complied with the conditions, the court orders definite termination of the case and final discharge from supervision.
The court may issue a warrant for arrest and may commit the probationer with or without bail; after arraignment and opportunity to be heard, the court may revoke, continue, or modify probation. If probation is revoked, the original sentence is executed.
The probationer must be arraigned and given an opportunity to be heard before the court may revoke (or continue/modify) the probation.
At least once every two months.
To furnish the probationer a statement of the period and conditions of probation and instruct the probationer concerning them.
To keep informed about the probationer’s conduct and condition; to aid and encourage improvement through friendly advice and admonition and other suitable measures not inconsistent with court-imposed conditions; to keep records; to make necessary reports for the Secretary of Justice; and to perform other duties consistent with the probation officer’s functions and as the court directs.
If the law prescribes a penalty not exceeding one year, probation cannot extend beyond two years. For other offenses, probation cannot exceed twice the maximum imprisonment time that he might be sentenced to.
The period of probation shall never be less than the sentence imposed.
Not applicable to: offenses punishable by death or life imprisonment; homicide, treason, conspiracy or proposal to commit treason; misprision of treason, sedition, or espionage; piracy, brigandage, arson, or robbery in band; robbery with violence on persons when a deadly weapon was displayed; corruption of minors; habitual delinquents; those once on probation; and those already sentenced by final judgment at the time of the Act’s approval.
A “probationer” is a person placed on probation. A “probation officer” is one duly appointed who either investigates for the court prior to sentence, supervises a probationer, or both.
It is created in the Department of Justice, subject to its supervision and control, under a Chief Probation Officer.
This Act applies only in provinces where provincial boards have provided for the salary of a probation officer at rates not lower than those provided for provincial fiscals; these probation officers are appointed by the Secretary of Justice and are subject to the Probation Office’s direction.