1. Community Supervision Modification & Termination
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.