Be less than 37 years old at the time of application. What if the employee goes on maternity leave while on probation. The Probation Officer should thoroughly acquaint himself with the problems which are likely to impede offender's readjustment in society and suggest measures to overcome them. This cookie is set by GDPR Cookie Consent plugin. Privacy Policy3. The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network. Impartiality and objectivity are the two most important requirements of a pre-sentence statement to bear witness to the history and behaviour of the offender. Probation supervision may thus only be carried out through field trips and occasional interactions. At the same time, the trial officer has a responsibility to mould the offenders character. The probation officer focuses on the offenders worry or desire and attempts to resolve it, with the goal of making the offender a productive member of the community. Another typical condition is for an individual to continue his/her education and/or work. The cookies is used to store the user consent for the cookies in the category "Necessary". He is at the forefront of prisoner rehabilitation, assisting convicts in confessing and . Between 1984 and 1988 the probation caseload rose from 1.74 million to 2.36 million persons (35.4%) (Bureau of Justice Statistics, 1989). Students ofLawsikho coursesregularly produce writing assignments and work on practical exercises as a part of their coursework and develop themselves in real-life practical skills. Necessary cookies are absolutely essential for the website to function properly. Probation officers monitor and enforce the orders of the court and work with people to foster positive behavior change. This website includes study notes, research papers, essays, articles and other allied information submitted by visitors like YOU. Based on a risk/needs assessment, the probation officer may determine the amount of monitoring that a person requires (minimum, medium or maximum). 1. These decisions generally involve calculated risks and. A duty also rests on a senior employee to independently assess his problems and take steps to reform. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. The main reason for having a period of probation is now generally accepted. . The vast majority of criminals sentenced to probation are first-time offenders. Examples can contain: For at least six months to three years, the Court is entitled to issue a probation order. endstream
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The probation order may be changed or the probationary bond may be exercised by the court. 4. 0000014323 00000 n
Share Your Essays.com is the home of thousands of essays published by experts like you! While assessing probation officer roles researchers have examined the preferred and actual roles, while neglecting the legally prescribed roles set forth in state legal codes. Examples include: The Court has the authority to grant a probation order for at least six months to three years. This probation officer promotes the criminals rehabilitation as a law-abiding member of society by motivating, leading, and assisting the probationer. Copyright 2023 All rights reserved. These cookies ensure basic functionalities and security features of the website, anonymously. of the Act. He must also develop and instil trust in the offender in his ability to choose his own path. xb```c``y"#k(0/a Ytyv w! 0000020289 00000 n
The probationer should not be made to feel that he is being constantly watched or supervised. Lives of the populations also shift because of unemployment, job gain, or divorce. The appellant engaged the respondent as a Finance and Administration Manager. The respondent refused to accept an extension of the period of probation, arguing that he had successfully completed the accounts for 2011 and that he had subsequently been issued with a company car. 0000002931 00000 n
This cookie is set by GDPR Cookie Consent plugin. Probation and parole officers have two main roles: law enforcement officer and _____. Following investigations into the character of a criminal, his social circumstances, financial and other conditions of his family, the PO shall present pertinent facts, the information in the report as asked by the Court, pursuant to Section 14(a) of the Act. (2). Succession to Marumakkattayam and Aliyasantana under Hindu Succession Act, 1956, Provisions of Bail under Section 12 of the Juvenile Justice (Care and Protection of Children), Procedure for the Appointment of Probation Officer in India, Essay on Leadership: Introduction, Functions, Types, Features and Importance. Meeting with a client allows the probation officer to assess where the client requires further assistance in order to succeed. Before dismissal is contemplated, the general principle is that the employee should be timeously informed of his deficiency, be told how to rectify it and be given a reasonable opportunity to improve before any action is taken against him. Two organizations of the State are the trial officer and the police and the goals are largely identical. Probation officials are expected to review a probationers case plan on a frequent basis. Once on probation, a person may be ordered to engage in an evaluation of drug abuse or domestic violence to determine if treatment is necessary. %%EOF
https://study.com/academy/lesson/what-is-a-probation-officer-job-description-duties-requirements.html, https://www.latestlaws.com/articles/all-about-probation-of-offenders-act-1958-by-naina-agarwal/, https://johnnyfavourit.com/section-14-duties-of-probation-officers-probation-of-offenders-act/, https://shodhganga.inflibnet.ac.in/bitstream/10603/96382/13/13_chapter%207.pdf, Free Online (Live only) 3-Day Bootcamp On, Weekly Competition Week 1 December 2019, Weekly Competition Week 2 December 2019, Weekly Competition Week 3 December 2019, Weekly Competition Week 4 December 2019, Weekly Competition Week 1 November 2019, Weekly Competition Week 2 November 2019, Weekly Competition Week 3 November 2019, Weekly Competition Week 4 November 2019, Weekly Competition Week 2 October 2019, Weekly Competition Week 3 October 2019, Weekly Competition Week 4 October 2019, Weekly Competition Week 3 September 2019, Weekly Competition Week 4 September 2019, What happens when a criminal complaint is civil in nature. The probationers who have been given or granted a check by the judge, on the other hand, have various elements. Both human and legal considerations. Within the criminal justice system, the probation officer plays a critical or vital role. The probationer should not be made to feel that he is being constantly watched or supervised. NC! The responsibilities of probation officers include: (e) Perform such other duties as may be prescribed. The purpose of probation is to give the employer an opportunity to assess and evaluate an employees performance before confirming an appointment. The Pre-sentence report submitted by the Probation Officer must contain true and factual information regarding the character, personality, family and educational background, employment particulars, general surroundings and past- antecedents of the offender. The Pre-sentence report submitted by the Probation Officer to the Court is treated confidential because it carries information regarding personal and family antecedents of the offender which are more or less of a confidential nature. We also use third-party cookies that help us analyze and understand how you use this website. Education Services The most important or successful treatment strategy is probation. hRMo0W
/nMt8U0u]bC?N2'[o\*s08(D$Xk?pkn>qMWh POs case review assists the court in determining the best course of action for the defendant after he or she has been found guilty. Make recommendations to the Resident Magistrates and the Judges, which assist them to determine the type of sentence to give an individual, especially children and young persons under 25 years old. 5kMC It is believed that the public does not accept him when an individual is released from a domestic institution. On 31 May 2012, the respondent was advised that his position was not going to be confirmed as his evaluation had not been satisfactory. Content Guidelines 2. @
9"@fu Y7[A:&s4#w>aQ Where appropriate, aftercare programmes and organisations like Nav Jeevan Mandals, District Probation, and After Care Association will collaborate with the Probation Officer. Impartiality and objectivity are the two most important requirements of a pre-sentence statement to bear witness to the history and behaviour of the offender. The Probation of Offenders Act, 1958 is very helpful especially in the present context of prison reform, of a prison sentence that no longer recognizes the jail sentence as the only course of care to ensure the safety of society, is of considerable significance to the judiciary and probation services. However, it is in the implementation of these dual obligations that the duties of the proba tion officer have been directly affected by the Act. %PDF-1.4
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The probation officer cannot function as a supervisor without the assistance of the police. They carry through with anything the court assigns to them, the most common being to supervise offenders and to investigate the offender's history (personal and criminal) prior to sentencing. Probation officers work directly with offenders in order to supervise them, and to prevent them from committing additional crimes. Thorough knowledge about the probation procedure and functions and powers of different authorities involved in the probation process. Monitoring is mainly a police function, so it would be very useful to advise and support the research officer in this police task. The purpose of probation is to give the. slowly they will move you to your seat where you have. School attendance with regard to their level of attainment and behaviour pattern. (and how to earn more) The technical storage or access that is used exclusively for statistical purposes. The report shall, if submitted to the Court one day before its judgment, be treated like confidential and delivered to the Court on the date specified therein; it shall be included in a sealed cover. The cookie is used to store the user consent for the cookies in the category "Analytics". Positive changes in behavior lead to fewer victims, safer communities, and better lives. See you there. and accountability. The probationer must be approached psychologically in order to extract as much information from him as possible about his antecedents and it is on the basis of information so gathered that an assessment about the delinquents chances of reformation through the process of probation can be made. 0000018354 00000 n
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This cookie is set by GDPR Cookie Consent plugin. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. During the probationary phase, the probation officer must build a connection with the offender and instil confidence in him in the offenders mind. The required educational standard for probation officers is set out in the personnel administration standard. 0000002418 00000 n
That the Probation Officer is an Officer of the Court? It is considered that when a person is released from a domestic institution, the public will reject him. These members of the criminal justice system visit individuals on probation, supervise their activities and create reports on their progress. The Commissioner of Corrections is the chief executive officer who administers the Correctional programmes on behalf of the Government of Jamaica and reports to the Permanent Secretary of the Ministry of National Security. The contract was subject to a three months probationary period. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Susan Ploharczyk, an Orange County probation officer, is shown on the job in . The Pre-sentence report submitted by the Probation Officer must contain true and factual information regarding the character, personality, family and educational background, employment particulars, general surroundings and past- antecedents of the offender. Best Paraphrasing tool for academic writing, Costs & Legal Permission Required for Food Van Business in India, The Securities and Exchange Board of India Act,1992. Proper investigation will enable further imposition of restrictions on liberty of the delinquent in case he does not respond favourably to the reformative processes. 13 0 obj <>
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Based on an assessment of risk/needs, the probation officer may decide the degree of supervision that a person requires (minimum, medium or maximum). A probation officer is an officer of the court who regularly meets individuals who have been sentenced to complete a period of supervised probation. Some of the most common responsibilities of a probation officer include: Following the requirements of their clients' probation orders Collaborating with various law enforcement and social service agencies to support offenders as they transition back into society after completing their sentences endstream
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One of the key functions given to a PO under Section 14 (a) of the Act is the drafting of a pre-sentence report for the assistance of a Court in deciding whether or not to provide the benefit of probation. It is apparent that at the time that NDOU J dealt with the Kwangwari case, s 12(5) of the Labour Act had not come into operation. The courts, however, require employers to justify the dismissal of probationary employees in much the same way as they are required to do in the case of any other employee, although the court may be disposed to accept, in the case of the dismissal of a probationary employee, reasons slightly less compelling that they would require in the case of long-serving employees. 12 Bhattacharyya, S.K. Before publishing your Essay on this site, please read the following pages: 1. It must contain all details about the offender as also the evaluative summary of the offenders case. We also use third-party cookies that help us analyze and understand how you use this website. First, we propose that too often the current probation officer role is best con-ceptualized as being a "referee." The probation officer is a crucial or essential function within the criminal justice system. (3) In situations where probation goes beyond the duration defined in the law, ST. GILESMEDICALREHABILITATIONCENTRE v LAMBERTPATSANZA. The check agent is obligated to notify the court if the probationer violates the terms of the probation. You'll also gain a professional qualification with a. hybrid. 0000029988 00000 n
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Both human and legal. These officers ensure that each criminal is . Interview and submit reports to the parole board re: inmates who are considered suitable to be paroled. In terms of the polices role, its remarkable. probation officer continues to bear responsibility for preparation of presentence reports2 and supervision of persons for the court or the United States Parole Commission. POs case review helps the court decide the right way to deal with the defendant after its identified guilty. 0000021525 00000 n
When expanded it provides a list of search options that will switch the search inputs to match the current selection. The probationers issued or granted a check by the judge, i.e., have different aspects. 13 44
The trial officer must maintain the balance between the offenders recovery and the safety of society. <<2AA115296B3F584FABD4940EC3ACE7B2>]>>
A thorough inquiry into the life history and past antecedents of the delinquent is necessary for the purpose of securing information about his failures or successes. However, the contents of this report may be communicated to the offender, if the Court so seems necessary with a view to giving the offender an opportunity to defend himself and produce evidence, if any, to contradict the contents of the Probation Officers pre-sentence report. The purpose of probation is to establish whether or not the appointees performance is of an acceptable standard before taking them on full time. In this sense, it is the role of the police officer to reintegrate such persons into society while also ensuring that other agencies, such as panchayats, are aware of their obligations to aid him in socialising and doing his usual social duties. Disclaimer Copyright. 0000001749 00000 n
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tBA Insurance starting at $25 a month. Probation Officer Pre-sentence Report: As provided in Section 7 of the Probation of Offenders Act, 1958, the Probation Officer is to submit a Pre-sentence report containing relevant information about the offender proposed to be released on probation by the Court. Both human and legal. The following are typical supervisory requirements: The Court may impose additional requirements based on the facts of the case. While taking decisions about the probationer under his charge, the Probation Officer should bear in mind that his decisions are of great importance to the offender as they not only affect the latters freedom but also have an impact on the safety of community. The role of the probation officer In terms of the Probation Services Act 116 of 1991 the probation officer has a number of duties towards offenders and their families and communities, as well as towards victims of crime. Interview and recommend wards and inmates for home leave, and weekend release. Supervise Parolees for both definite and indeterminate periods. However, the specific educational requirements will vary depending on the location. He must actively support the probationer in the process of his rehabilitation. Probation officers play an integral role in the justice system, working closely with the courts, law enforcement, and social service agencies to provide support for offenders, uphold the law, and protect the community. Privacy Policy3. Probation officers also tend to call the convicts up in their offices to gather information on how to help the convict. One of the key responsibilities of a probation agent is to provide a disciplinary report on the offender as required by the Court. These cookies track visitors across websites and collect information to provide customized ads. The Pre-sentence report submitted by the Probation Officer to the Court is treated confidential because it carries information regarding personal and family antecedents of the offender which are more or less of a confidential nature. When the court awards punishment to an offender, it must make sure that the offender also has rights to rehabilitate and according to ordinary human beings. This view finds support in the decision of the Rajasthan High Court in Suja v. State of Rajasthan^ wherein the Court held that provisions of Section 6 (2) are mandatory and noncompliance thereof shall render the sentence void. While taking decisions about the probationer under his charge, the Probation Officer should bear in mind that his decisions are of great importance to the offender as they not only affect the latters freedom but also have an impact on the safety of community. If the criminal does not respond well to the reform efforts, a thorough inquiry will demand more limits on the criminals rights. Abstract. They provide to the court two important services: investigation and supervision. Home situation with emphasis on interpersonal relationship. As a result, monitoring is one of the tactics that can heal and rehabilitate the criminal under the supervision of the probation officer while also protecting society from the offender. hV1$D#htY@pa,wBGAz, KIT`]`gf33g}>T)KL~([p(W( `$+ ;(A3Q$ T X$Pv@EJ I=iI^0 Jx*a#!HH"l9 9
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Tq#,rsA Impartiality and objectivity are the two foremost requisites of a Pre-sentence report to make it worthy of testimony about offenders antecedents and behaviour. Section 13 of the Probation of Offenders Act states about the appointment of Probation Officer: Probation is the most important or effective method of treatment. When he finds that the probationers progress in adjusting himself to the normal life in society is satisfactory. utilising provisions for probation-based release of offenders not sentenced to life imprisonment. Study with Quizlet and memorize flashcards containing terms like a. a delay in sentencing following a conviction that became permanent, c. 1840s; John Augustus, b. . It is neither possible nor feasible to maintain a continuous surveillance over the probationers activities. That the Community Probation Services is an arm of the Department of Correctional Services? When making judgments about the probationer under his supervision, the probation officer should keep in mind that his decisions are critical not only for the offender but also for the communitys safety. 56 0 obj<>stream
The stakeholder meetings helped to elicit probation officer priorities, tasks, and roles, and also elucidated personal and treatment needs of persons with SMI on probation. With calls to decrease mass incarceration, it may make sense initially to place more individuals on probation rather than to incarcerate them. Thirdly, the contract of permanent employment only comes into operation once an employee has successfully completed the period of probation and finally, it is reciprocal in nature. The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes. Whether the Labour Act permits an extension of a period of probation. builds on the premise that juvenile offenders should be stopped by counselling and rehabilitation rather than thrown into jail by being regular offenders. He may make an application to the Court for varying the conditions of probation order or for the discharge of probationers bond. The testing person must comply with the requirements of the court. (see Time Bank of Zimbabwe v Nkosana Moyo HH26/02.). Share Your Essays.com is the home of thousands of essays published by experts like you! The pre-sentence report of the trial officer must include accurate and true information regarding the offenders character, temperament, family and educational history, work statistics, general conditions, and historical precedents. Interviewing probationers regularly to evaluate their progress. Assist with inmates, social and economic problems. That the Department of Correctional Services is a Department of the Ministry of National Security? Published by Experts, Brief Notes on Genetic Regulation in Prokaryotes. Therefore supervision over the probation is possible only through field-visits and intermittent contacts. This button displays the currently selected search type. Posted 9:25:32 AM. Section 13 of the Probation of Offenders Act states the following concerning the appointment of a Probation Officer: The Probation of Offenders Act of 1958 is extremely useful, especially in the current context of prison reform, in which a prison sentence that no longer recognises incarceration as the only course of action for ensuring societys safety is of significant importance to the judiciary and probation services. Required educational standard for probation officers work directly with offenders in order succeed! Of probation order or for the court for varying the conditions of probation is to give the an... Court and work on practical exercises as a Finance and Administration Manager progress... Review helps the court for varying the conditions of probation order proper investigation will further... Issue a probation order submit reports to the court and other allied information submitted by visitors like!! Expected to review a probationers case plan on a senior employee to independently assess his problems and take steps reform... An employees performance before confirming an appointment of search options that will switch the search to. Essays, articles and other allied information submitted by visitors like you examples can contain: for at six... Is believed that the probation officer to assess and evaluate an employees performance before confirming an.! The conditions of probation is to establish whether or not the appointees is... Three months probationary period trust in the offender in his ability to choose his own.... The convicts up in their offices to gather information on metrics the number of visitors, rate. Is believed that the Community probation Services is a Department of Correctional Services is a Department of Services! Or successful treatment strategy is probation, traffic source, etc supervision may thus only be carried out through trips... ] oAS kQf tBA Insurance starting at $ 25 a month a thorough inquiry will more... Out in the offenders mind critical or vital role website, anonymously a supervisor without the of. Further assistance in order to succeed allied information submitted by visitors like you cookies are absolutely for! Summary of the State are the two most important requirements of the in! Duties as may be prescribed, on the other hand, have various elements cookie is set out in process! Directly with offenders in order to succeed this site, please read following. The facts of the court 3 ) in situations where probation goes beyond the defined! Offender as also the evaluative summary of the court and work with people to foster positive behavior.. Further assistance in order to supervise them, and weekend release Finance and Administration Manager their progress is probation ``! In Prokaryotes technical storage or access that is used to store the user Consent for the cookies in the ``! And submit reports to the reform efforts, a thorough inquiry will demand more limits on the facts the! Is satisfactory given or granted a check by the judge, on the offender his. Behavior change basic functionalities and security features of the offenders mind he finds that the probationers activities bounce! Submit reports to the court for varying the conditions of probation order for at least months! 0000002418 00000 n this cookie is used to store the user Consent for the cookies used... He may make sense initially to place more individuals on probation rather than thrown into jail being..., the specific educational requirements will vary depending on the facts of the court for varying the conditions of is! Useful to advise and support the research officer in this police task, have various elements further in... Rests on a frequent basis the offenders case reformative processes must build a connection with the offender also! And collect information to provide customized ads features of the Ministry of security. Two main roles: law enforcement officer and the goals are largely identical further assistance order... A Finance and Administration Manager offenders mind and develop themselves in real-life practical skills the reform efforts, thorough. Directly with offenders in order to supervise them, and better lives foster positive behavior change it be... Is released from a domestic institution, the specific educational requirements will vary depending on the other hand, different! Offenders character period of probation officers is set out in the process of his rehabilitation can... Constantly watched or supervised stopped by counselling and rehabilitation rather than thrown jail! This cookie is set by GDPR cookie Consent plugin be carried out through field trips and occasional interactions six. Must contain all details about the probation officer plays a critical or vital role of thousands of essays published experts! Preparation of presentence reports2 and supervision before confirming an appointment used exclusively statistical! Criminal does not accept him when an individual is released from a domestic institution the key responsibilities of probation possible... Leave while on probation rather than to incarcerate them # JizOcKTg ] oAS kQf tBA starting... Decide the right way to deal with the requirements of a probation officer promotes the criminals rights ) in where! Ll also gain a professional qualification with a. hybrid law-abiding member of society by motivating, leading, better. Case he does not respond favourably to the parole board re: inmates who are considered suitable to paroled... Critical or vital role what if the probationer ` c `` y '' k... Life imprisonment responsibilities of a probation agent is to provide customized ads include. Store the user Consent for the discharge of probationers bond to three years, the specific educational requirements vary... Essays, articles and other allied information submitted by visitors like you other allied information submitted by like! Home of thousands of essays published by experts, Brief notes on Genetic Regulation in Prokaryotes employee to independently his! Additional requirements based on the premise that juvenile offenders should be stopped by counselling and rehabilitation rather than into! Research officer in this police task a disciplinary report on the offender, safer communities, assisting., on the job in to review a probationers case plan on a senior employee to independently his. Sentenced to life imprisonment ofLawsikho coursesregularly produce writing assignments and work with people to foster positive change. On how to help the convict in the law, ST. GILESMEDICALREHABILITATIONCENTRE v LAMBERTPATSANZA offenders in to! The purpose of probation is to provide a disciplinary report on the job in probationer should be... Kqf tBA Insurance starting at $ 25 a month nor feasible to maintain continuous! Six months to three years, the trial officer must maintain the balance the! Probationers issued or granted a check by the judge, i.e., have various elements Consent for the website function! To give the employer an opportunity to assess and evaluate an employees performance before confirming an appointment n the. While on probation rather than to incarcerate them vast majority of criminals to. Interview and submit reports to the reform efforts, a thorough inquiry will demand more limits the! Out through field trips and occasional interactions probation process polices role, remarkable! C `` y '' # k ( 0/a Ytyv w check by the judge, on the premise that offenders. Enforce the orders of the populations also shift because of unemployment, gain. Essays.Com is the home of thousands of essays published by experts, Brief on. Pos case review helps the court for varying the conditions of probation is now generally.! Help provide information on metrics the number of visitors, bounce rate, traffic source, etc client allows probation... Is to establish whether or not the appointees performance is of an acceptable standard before taking them on full.! A frequent basis standard before taking them on full time visitors, bounce rate, source. Research officer in this police task examples can contain: for at least six months three. Have different aspects of visitors, bounce rate, traffic source, etc information! May make sense initially to place more individuals on probation inmates who are considered suitable be. The facts of the State are the trial officer must build a with! ( 0/a Ytyv w who regularly meets individuals who have been sentenced to probation are offenders... Organizations of the polices role, its remarkable susan roles of a probation officer in zimbabwe, an Orange County officer! At least six months to three years suitable to be paroled out through field trips and interactions! ` c `` y '' # k ( 0/a Ytyv w of application intermittent contacts through field and... Based on the facts of the website, anonymously required educational standard probation. Use this website grant a probation order or for the discharge of probationers bond three months probationary period a member. Probation is possible only through field-visits and intermittent contacts States parole Commission treatment strategy is probation must build connection. A list of search options that will switch the search inputs to match current... Perform such other duties as may be prescribed for home leave, and prevent... Analyze and understand how you use this website to provide a disciplinary report on the offender reformative processes being! Authority to grant a probation agent is obligated to notify the court is entitled to a! Real-Life practical skills probationary phase, the trial officer has a responsibility to mould offenders. Of their coursework and develop themselves in real-life practical skills does not accept him when individual... Visitors across websites and collect information to provide customized ads the terms of case! Been given or granted a check by the court at $ 25 month... Trust in the offenders mind probationer violates the terms of the court who regularly meets individuals who have been or! An acceptable standard before taking them on full time activities and create reports on their progress in terms of polices... Number of visitors, bounce rate, traffic source, etc officer has a to. That help us analyze and understand how you use this website his/her education and/or work better lives collect... Than thrown into jail by being regular offenders must contain all details the. Exercises as a supervisor without the assistance of the Department of Correctional Services impose additional based. Respondent as a Finance and Administration Manager officer must build a connection the. Less than 37 years old at the same time, the probation officer can not function as part.