1973 Illinois Due Process in Proceedings to Revoke Probation: The Need for Expansion of Rights

This note provides a brief discussion of the nature of probation in Illinois,a comments on the contrast between pre-and post-conviction due process,b an analysis of the arguments favoring and opposing the expansion of procedural due process in proceedings to revoke probation,c and a survey of settled and unsettled Illinois law controlling the various stages of the revocation proceeding.d Included also, are suggestions that various procedural protections be expanded. Not included, are questions of whether to grant probation originally or of matters peculiar to revocation of parole. The device of probation is one of many correctional treatment techniques. It is a post-conviction sentence of conditional and revocable release of the offender for a term of years under the supervision of a probation officer.' If the offender violates the conditions of his probation , his conditional liberty may be revoked and he may be sentenced to whatever indeterminate confinement was prescribed by statute for his original offense. 2 Probation must be distinguished from parole which is the conditional release of an offender who is already serving time in an institution. The parolee is under the supervision of a state administrative paroling authority. 3 If his parole is revoked he is returned to confinement to serve the remainder of his original sentence or until subsequently paroled. 4 Both parole and probation are a. See text accompanying notes 1 through 25 infra. b. See text following note 25 infra. c. See text accompanying notes 45 through 59, and 89 through 98 infra. d. See text following note 101 infra. See text accompanying note 78 infra, regarding the merits of the parole/probation distinction. Vol. 4: 403 distinguishable from "conditional discharge," a form of probation without supervision. 5 The purpose of probation is to afford an unhardened person convicted of crime the opportunity to initiate and carry out his own rehabilitation under supervision without confinement. 6 Probation affects many Americans. Slightly over one half of the offenders sentenced in 1965 were placed on probation. It is estimated that in 1975 over 1,800,000 convicted persons will be serving time in the United States. Of that number more than 1,070,000 (58%) will be on probation and only 770,000 (42%) will be on parole or in institutions. 7 For the majority of offenders concerned, probation is a successful treatment. Success is defined in terms of not having one's probation revoked. Success rates vary from 60% to 90% .s Revocation …