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U.S. Probation and Pretrial Services System

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The U.S. Probation and Pretrial Services System , also called the Office of Probation and Pretrial Services , part of the Administrative Office of the United States Courts , is the probation office of the federal judiciary of the United States . It serves the United States district courts in all 94 federal judicial districts nationwide and constitutes the community corrections arm of the Federal Judiciary. It administers probation and supervised release under United States federal law enforced by probation officers .

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26-656: The first legislation for Federal Probation Law was introduced in 1908, one of which was prepared by the New York State Probation Commission and the National Probation Association (later known as the National Council on Crime and Delinquency ) and introduced before Congress by United States Senator Robert L. Owen of Oklahoma . The bill provided for a suspension of a sentence, in U.S. District Court , and

52-752: A district judge from each judicial circuit — of the Judicial Conference . The Chief Justice of the United States is the presiding officer of the Conference. 28 U.S.C.   § 45 provides that chief judge of a circuit may serve seven years or until they attain the age of 70. There are some limited exceptions. Similar provisions apply for the Chief Judge of the Court of International Trade. See United States Code 258. In

78-558: A pre-requisite for hiring. Federal Probation is unique to other federal law enforcement agencies in that they are regionally aligned to their judicial districts, rather than a single headquarters element. All officers within a district report to their Chief Probation Officer or Chief Pretrial Services Officer, who in turn serves the Chief District Judge . The national element is the Administrative Office of

104-479: A sentence of probation. The bill also provided for compensation of $ 5 per diem for Federal Probation Officers. This first attempt did not pass and through 1909 to 1925 there were 34 bills introduced to establish federal probation law. In 1915 Attorney General T. W. Gregory selected a case from the Northern District of Ohio where Judge John M. Killits suspended "during the good behavior of the defendant"

130-472: A vote of 170 in favor and 49 opposed. On March 4, 1925, President Calvin Coolidge , a former Governor of Massachusetts and very familiar with the benefits of a functioning probation system, signed the bill in to law. This Act gave the U.S. Courts the power to appoint Federal Probation Officers and authority to sentence defendants to probation instead of a prison sentence. It later gave U.S. Probation Officers

156-516: Is the highest-ranking or most senior member of a lower court or circuit court with more than one judge . According to the Federal judiciary of the United States , the chief judge has primary responsibility for the administration of the court. Chief judges are determined by seniority. The chief judge commonly presides over trials and hearings . In the Supreme Court of the United States

182-495: The National Council on Crime and Delinquency (NCCD), is an American nonprofit social research organization. NCCD was organized by fourteen probation officers who met at Plymouth Church in Minneapolis , Minnesota , on June 17, 1907, to establish a volunteer professional organization in the emerging field of probation. The group adopted by-laws in 1909, and committees began doing year-round volunteer work. They named themselves

208-467: The "Chief Justice" of the District of Columbia Circuit and the "Senior Circuit Court Judge" on the other circuits. Until August 6, 1959, it was filled by the longest-serving judge who had not elected to retire on what has since 1958 been known as senior status or declined to serve as chief judge. From then until October 1, 1982, it was filled by the senior such judge who had not turned 70. Lists of

234-810: The Children’s Research Center was created as part of NCCD to encompass reform of the child welfare system. NCCD changed its name to Evident Change in December 2020. Evident Change annually awards media that helps make promote a more just society, called the "Media for a Just Society Awards"; this award covers the best book, film, print/online journalism, radio, television/video, and youth media produced that year. Currently, NCCD has offices in Oakland , California ; and Madison, Wisconsin . Chief District Judge A chief judge (also known as presiding judge , president judge or principal judge )

260-645: The National Probation Association (NPA). Within their first decade, they were active in pursuit of progressive system reforms. The NPA’s focus was to study, establish, expand, and standardize juvenile probation, juvenile courts, and family courts. Charles Chute became the first paid executive of the NPA in 1921. In 1947 the NPA merged with the American Parole Association to form the National Probation and Parole Association (NPPA). In 1960,

286-577: The Probation and Pretrial Services National Training Academy at the Federal Law Enforcement Training Center soon after coming on board. Officers are eligible for a 20-year retirement and must be appointed prior to their 37th birthday because the mandatory separation age is 57. Almost all districts require prior experience in a similar field, a background suitability investigation, drug test, and medical examination as

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312-591: The United States Courts, Washington, DC, which provides administrative support to the courts, including staffing and other resources, and enforces policies promulgated by the Judicial Conference of the United States , the policy-making body of the Federal Judiciary. Many districts have split their Probation Officers into Pre-Sentence Investigation Units and Supervision Units. Pre-Sentence Investigators conduct comprehensive investigations into

338-587: The background of defendants convicted of federal crimes . Upon completion of their investigation, they are required to employ the sentencing guidelines and submit a sentencing recommendation to the presiding judge. Often, they are also asked to confer privately with judges regarding their recommendation. Officers assigned to Supervision Units supervise felons convicted of federal crimes who are released into society on either Supervised Release or Probation. Supervision Officers must enforce court ordered conditions and are mandated to use their discretion and skills to mitigate

364-463: The court hearing and deciding cases, but may take on a reduced caseload to perform administrative tasks. The qualifications for chief judge and the selection process are essentially the same for the district courts and for the courts of appeals. See 28 U.S.C.   § 136 . The chief judge of each judicial circuit and the Chief Judge of the Court of International Trade are members — along with

390-504: The court would otherwise be qualified for the position. Unlike the Chief Justice of the United States , a chief judge stays in active service after the expiration of their term and does not create a vacancy on the bench by the fact of their promotion. See 28 U.S.C.   § 45 . These rules have applied since October 1, 1982. The office of chief judge was created effective September 1, 1948, replacing what had been known as

416-419: The execution of a sentence of 5 years and ordered the court term to remain open for that period. The defendant, a first offender and a young man of reputable back ground, had pleaded guilty to embezzling $ 4,700 by falsifying entries in the books of a Toledo bank. He had made full restitution and the bank's officers did not wish to prosecute. The Government moved that Judge Killits' order be vacated as being "beyond

442-623: The highest-ranking member is the Chief Justice of the United States . In the United States courts of appeals , the chief judge has certain administrative responsibilities and presides over en banc sessions of the court and meetings of the Judicial Council . The chief judge remains an active judge of the court hearing and deciding cases, but at their option may elect to take on a reduced caseload to provide time to perform administrative responsibilities. In order to qualify for

468-480: The judges who have served as chief judge of each of the courts of appeals can be found in the articles for the respective circuits, such as United States Court of Appeals for the First Circuit . In United States district courts with at least two judges, the chief judge has certain administrative responsibilities, including presiding over some meetings of the judges. The chief judge remains an active judge of

494-477: The offenders risk to society. Both Supervision Officers and Pre-Sentence Investigators deal with a wide range of offenders, many of whom have extensive criminal histories. Federal Probation Officers also represent the United States Department of Justice in the performance of duties connected with federal parole. National Council on Crime and Delinquency Evident Change , formerly

520-433: The office of chief judge, a judge must have been in active service on the court for at least one year, be under the age of 65, and have not previously served as chief judge. A vacancy in the office of chief judge is filled by the judge highest in seniority among the group of qualified judges. The chief judge serves for a term of seven years or until age 70, whichever occurs first. The age restrictions are waived if no members of

546-697: The organization’s name was changed to the National Council on Crime and Delinquency (NCCD) to reflect its growth and larger public policy interests. During the Nixon Administration , NCCD challenged existing policies and critiqued the criminal justice system. Part of the Board of Directors wanted to focus on generic support of prevention efforts; NCCD subsequently parted company with several board members who created an independent crime prevention council, Citizens for Justice with Order. In 1993,

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572-533: The powers of the court." The motion was denied by Judge Kiliits; A petition for writ of mandamus was prepared and filed with the Supreme Court on June 1, 1915. Judge Killits, as respondent, filed his answer October 14, 1915. He pointed out that the power to suspend sentence had been exercised continuously by Federal judges, that the Department of Justice had acquiesced in it for many years, and that it

598-408: The probation office provides pretrial services to the court. United States Probation Officers (USPO), also referred to as Federal Probation Officers, are the largest cadre of federal law enforcement officers in the federal judiciary (after the small division of US Supreme Court Police who serve to protect the U.S. Supreme Court and its justices). Most districts require that all new officers attend

624-808: The responsibility of supervising offenders granted parole by the United States Parole Commission , military offenders and pretrial supervision. The responsibility of the United States Probation Service was first under the United States Department of Justice , under the supervising authority of the Federal Bureau of Prisons , however, in 1940 the Administrative Office of the U.S. Courts was established and assumed

650-472: The responsibility. U.S. Pretrial Services came along more than 50 years later, in 1982, with the Pretrial Services Act of 1982 . It was developed as a means to reduce both crimes committed by persons released into the community pending trial and unnecessary pretrial detention. Twenty three districts have both separate U.S. Probation and Pretrial Services Offices. In the remaining 71 districts,

676-530: Was the only amelioration possible as there was no Federal probation system. In one circuit, incidentally, it was admitted the practice of suspending sentences had in substance existed for "probably sixty years." In 1925, the Federal Probation Act was introduced by Senator Copeland as S.1042 and Representative Graham as H.R. 5195. The U.S. Senate passed in unanimously but the House passed the law by

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