This FAQ is intended to give a brief overview of common questions related to probation. In no way should the answers herein be regarded as legal advice. If you need legal advice on a matter, please contact an attorney.
WHO SHOULD BE PLACED ON PROBATION?
WHAT DOES “DEFERRED JUDGMENT” MEAN?
WHAT IS THE PURPOSE OF PROBATION?
WHEN IS A PERSON RELEASED FROM PROBATION?
WHAT IS PROBATION?
Probation is a court-ordered sentencing option through which an offender is placed under the control, supervision, and care of a probation staff member in lieu of imprisonment, so long as the probationer meets certain standards of conduct.
WHAT IS PAROLE?
Parole refers to the term of supervision that occurs once offenders are conditionally released to the community after serving a prison term. Parolees are subject to being returned to jail or prison for rule violations or other offenses.
WHO SHOULD BE PLACED ON PROBATION?
The easy answer to who should be placed on probation is that most non-violent offenders are good candidates for probation; however, there are no easy answers. Many jurisdictions have individuals on probation for a variety of offenses (e.g., property crimes, substance misuse, domestic violence, misdemeanor cases, and felony cases). Sentencing decisions are made based on characteristics of the offender, the nature of the offense, the capacity of the individual jurisdiction, what the community will tolerate, state statutes, resource availability, etc. Factors that affect an individual’s success on probation include how well the offender’s needs are assessed, how well their actions and behaviors are monitored, community resources available to support supervision and rehabilitation, and the motivation of the offender.
WHAT IS COMMUNITY JUSTICE?
Community justice requires focusing on community partnerships to meet the needs of victims and citizens, hold offenders accountable, and to provide prevention programs for a safe community. For community justice initiatives to be effective, there must be a system of open and active communication, cooperation, and collaboration.
WHAT DOES “DEFERRED JUDGMENT” MEAN?
Deferred judgment is a sentencing option that may be granted by the court for certain offenses for those who qualify. The defendant is placed a probation and must maintain compliance with conditions set by the court as a requirement of the deferred judgment. Upon successful compliance with conditions and completion of probation, the case is removed from the public court record.
Citation: Iowa Judicial Branch
WHAT IS THE PURPOSE OF PROBATION?
The purpose of probation is to rehabilitate the offender while keeping the community safe from further offenses.
WHEN IS A PERSON RELEASED FROM PROBATION?
Probation terms are court-ordered. For a person to be successfully discharged from probation, they must complete all court-ordered conditions and fulfill the purposes of probation as determined by the court.
Citation: The Iowa Legislature