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Probation, Community Supervision, and Bureaucratic Governance

Sun, August 9, 12:00 to 1:30pm, TBA

Abstract

Probation is a central mechanism through which punishment is administered outside incarceration, reflecting a broader transformation toward community supervision and decentralized governance (Garland, 2001; Simon, 1993). Rather than relying solely on confinement, punishment increasingly operates through community-based supervision that extends surveillance into everyday life (Miller, 2017). Mass supervision scholarship shows probation functions as a governing institution regulating behavior through monitoring, compliance requirements, and administrative oversight (Phelps, 2013, 2020; DeMichele, 2014), with officers shaping daily routines via reporting requirements, home visits, and supervision conditions (Miller and Stuart, 2017). These developments align with shifts toward decentralization from the state and delegation to local institutions and contracted service providers (Wacquant, 2009). In California, post–AB 109 community supervision operates through hybrid systems (Bird and Grattet, 2016; Bird, Grattet, and Nguyen, 2017), producing new governance forms that integrate law enforcement and rehabilitative functions and frame surveillance as support. This study asks: How do probation officers determine whether clients have met court-mandated terms and conditions, and how do they apply discretion? Drawing on ethnographic ride-alongs with probation officers and local police, interviews with probation officers, and a for-profit Day Reporting Center—one contracted reentry hub—illustrates how contractual obligations institutionalize carceral logics extend beyond community supervision. Grounded in governmentality and bureaucratic surveillance scholarship (Foucault, 1991; Scott, 1998; Brayne, 2021; Ferguson, 2017), findings show that risk tools, compliance documentation, and supervision records organize decision-making and sustain ongoing surveillance through routine administrative processes. Supervision is governed by what I frame the “logic of skepticism” that produces heightened surveillance and intrusive home searches, particularly in multi-generational and shared living spaces, reflecting the policification of probation post–AB 109. Probation emerges as dynamic, highly discretionary governance intersecting with race, class, and space, extending carceral control into domestic and community life and weakening social ties.

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