Chapter 7 Community Supervision Modification Termination Early Termination

Chapter 7 Community Supervision Modification & Termination

Early Termination for Good Behavior Ø Some states allow early termination after successful completion of 1/3 of the probation term or 2 years, whichever is less Ø Supervising officer recommends early termination, but the Judge (for probationers) or the parole board (for parolees) has final authority Ø Rate of successful terminations varies from state to state Ø National average estimate: 60 to 70% of probationers are successful & 49 to 57% of parolees are successful Ø Rate of success is higher in the federal probation system: over 80% Ø Violating conditions of release can lead to an extended period on supervision, additional conditions, or revocation

Types of Violations Law violation: occurs if an offender commits another misdemeanor or felony crime, can lead to revocation and/or a new criminal charge Technical violation: a pattern of infractions that breach a condition(s) of probation or parole, can lead to revocation or modification of conditions Absconding: occurs if an offender under community supervision leaves the jurisdiction without permission

Percent who enter state prison because of parole revocation: 1930 to present

Revocation reasons among parole v. probation violators

Administrative Options Administrative interventions: in-house approaches that take place by a supervising officer, in conjunction with their supervisor’s approval, prior to filing a formal revocation Administrative interventions may include oral/written reprimands, staffings, motivational interviewing techniques, or a directive

Administrative Options, Con’t. Some agencies have the offender sign a waiver agreeing to modified sanctions in lieu of going to court Most officers prefer in-house intervention techniques with offenders who made little to find employment, failed to report, did not appear for community service work, & for the first positive alco-sensor test

Revocation Procedure Revocation procedures are governed by: • Constitutional rules • State/Federal law • Agency policy Revocation proceedings begin when supervising officer prepares a revocation report documenting the offender’s violations Agency policy determines if, pending a revocation hearing, a warrant is issued & the offender is sent to jail or a citation is issued & the offender remains in the community on supervision

Two Stage Process for Parole Revocation Preliminary hearing: determines whether preponderance of evidence exists to believe a violation has occurred Final revocation hearing: is there a preponderance of the evidence that a violation did occur Many jurisdictions allow offender to waive the preliminary hearing The decision to revoke is discretionary with parole board, but some jurisdictions have laws requiring mandatory revocation in certain circumstances

Revocation Rights of Probationers & Parolees, Cont’d Morrissey v. Brewer (1972) & Gagnon v. Scarpelli (1973): • The Supreme Court mandated due process for probation & parole revocation proceedings, consisting of: Written notice of the alleged violation Disclosure of the evidence The opportunity to testify & present evidence The right to confront & cross-examine adverse witnesses The right to judgment by a neutral & detached hearing body A written statement of the final decision, including evidence relied on in arriving at the decision

Revocation Rights of Probationers & Parolees, cont’d A probation or parole revocation is an “administrative hearing” closer to a civil proceeding & an extension of the existing sentence. Offenders: • Do not have a right to a jury • No Fifth Amendment privilege against self-incrimination • No speedy trial • Limited right to an attorney • Standard of proof to revoke is by a preponderance of the evidence • Reliable hearsay evidence is generally admissible

Revocation Rights of Probationers and Parolees, Cont’d Revocation for inability to pay fees, restitution, or fines can occur if the behavior is willful & intentional Juvenile probation revocation is bounded by the age of the juvenile at the time of sentencing, rather than at time of revocation Time on probation or parole is usually not credited toward sentence completion if a revocation occurs However, a federal court & now a Florida statute permit the court the option to credit none, some, or all time spent on supervised release toward the sentence

Characteristics of Offenders Who Succeed on Community Supervision Studies indicate that the offenders most like to succeed include: • • • Women over the age of 30 Those with no prior or adult or juvenile convictions Offenders with skills to maintain employment High school graduates Those living with their spouse or children Ø Being young, unmarried, having a prior criminal history, & lacking emotional maturity contributes to higher failure rates

Measuring Success on Supervision Rate of success on supervision depends on its definition: • How is recidivism defined - rearrest, conviction, revocation (law or technical), or reincarceration? • Duration of time offenders are studied? • The sample size? Ø Different recidivism rates reflect, in large part, diverse decision making by supervising officers, judges, & police

Measuring Success on Supervision, cont’d Studies indicate: • Most rearrests of parolees occur within first 3 months after release • Probationers commit fewer new crimes than parolees • Probationers were more likely to complete supervision successfully than parolees, regardless of crime committed

Why Have Revocation Rates Increased? Research suggests the factors contributing to the recent increase in revocations include: • • • Ø The change in treatment perspective to one of control An increase in the number of offenders each officer supervises Offenders are subject to more conditions More drug use is detected with new technologies More serious offenders are in the community because of electronic monitoring Many jurisdictions are creating alternatives to incarceration for violators in order to reduce costs & more effectively address the problem

Kwame Kilpatrick, cont’d Mr. Kilpatrick agreed to pay restitution to the city of $1 million, surrender his law license, forfeit his state pension & be barred from elective office for 5 years, serve 120 days in the county jail, followed with 5 years probation. He served 3 months in jail. His probation was revoked in 2010, when a judge found he had hidden hundreds of thousands of dollars in assets so they couldn’t be used to pay his fine to the city. He was sentenced to 18 months- 5 years in state prison for violating probation. He was paroled after serving 14 months.