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89 Fed. Probation 3 (2025)

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June 2023                                                                                                                          3


                               John  J. Fitzgerald
Chief  Probation and Pretrial Services Office
     Administrative Office of the U.S. Courts


ON MARCH 4, 1925, President Calvin
Coolidge signed into law the Probation Act
of 1925, which  not only authorized federal
judges to impose a term of probation in lieu
of a term of imprisonment  but also created
the federal probation system. This was the
culmination of decades  of attempts, mostly
from  federal judges, to secure this kind of
authority. The federal probation system was
originally placed under the control of the
attorney general, and later under the Federal
Bureau  of Prisons. In 1940, it was moved to
the federal judiciary following the creation of
the Administrative Office of the U.S. Courts
(AO).  In the years since its creation, what
eventually evolved into the federal probation
and pretrial services system has experienced
significant change. In 1930, it was charged
with  supervising federal parolees. Later it
was given responsibility to supervise federal
juvenile delinquents. After World War II, the
system assisted in supervising military parol-
ees. In the 1980s, Congress authorized pretrial
services and supervised release. The system's
workload, staffing, and complexity have all
increased over the past century.
   The centennial of federal probation marks
a good opportunity to take stock of what has
been  accomplished  and  where  the system
needs  to go. Twenty-five years ago, federal
probation and  pretrial services undertook a
strategic assessment, the recommendations
of which  have  shaped many   of the major
initiatives that have been implemented since
then, including: (1) the creation of a national
training academy, (2) the creation of a data-
driven business  intelligence platform, and


(3) the adoption of evidence-based practices
to reduce recidivism. While much  progress
has been made  on these and other initiatives
identified in the strategic assessment, much
remains to be done. Additionally, changes in
the law and technology (among  other areas)
have emerged   since the completion of the
strategic assessment. In this article I highlight
some  of the issues facing today's federal pro-
bation and pretrial services system using the
framework  established by the strategic assess-
ment.  I offer possible pathways to pursue


Figure 1. Overall Arrest Rate Over Time

      40%


30%

25%

20%

15%

1%


5%
  2012


2013


and  raise questions for system leaders and
stakeholders to ponder.  Considering these
recommendations  and questions will help our
system plan for success in the years ahead.

What are the mission-critical
outcomes that the system
should be striving to achieve?
The  central recommendation  of the report
on the strategic assessment was to become a
results-driven organization with a compre-
hensive outcome   measurement   system. In


2014         2015
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2016


2017


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June 2025


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