Community Supervision: Early Termination & Revocation Process

1. Chapter 7 Community Supervision Modification & Termination

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

3. 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

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

5. Revocation reasons among parole v. probation violators

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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 • Being young, unmarried, having a prior criminal history, & lacking emotional maturity contributes to higher failure rates

14. 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? • Different recidivism rates reflect, in large part, diverse decision making by supervising officers, judges, & police

15. 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

16. Why Have Revocation Rates Increased? • Research suggests the factors contributing to the recent increase in revocations include: • 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

17. 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.