Probation Modification and Termination

1
Chapter 7

• Probation Modification and Termination

2
Introduction

• Probation is conditional and may result in
• Early termination- if the probationer is
  compliant
• Modification- most typically, if technical or
  misdemeanor violations occur
• Revocation- if serious technical violations or
  new crimes occur
• LO 1

3
Modifying Probation Conditions

• Early Termination of Probation
• Some states allow early termination after
  successful completion of 1/3 of the probation
  term or 2 years, whichever is less.
• Modifying Conditions Before the Revocation
  Decision
• Some jurisdictions allow probation officers to
  modify conditions in response to specific
  violations through the use of Administrative
  Options.
• LO 1

4
Administrative Options

• Administrative interventions are in-house
  approaches that take place by a probation
  officer, sometimes in conjunction with a
  supervisors advice or approval, prior to filing
  a formal revocation with the courts.
• Administrative interventions may include
  oral/written reprimands, staffings, motivational
  interviewing techniques, or a directive.
• LO 2

5
Administrative Options, Cont.

• Some agencies have the probationer sign a waiver
  that he or she is agreeing to modified sanctions
  in lieu of going to court, and thus is waiving
  the right to a court hearing.
• Most officers preferred to use in-house
  intervention techniques with probationers who
  made little to no effort to find employment, who
  failed to report, did not appear for community
  service work, and for the first positive
  alco-sensor test. LO 2

6
The Decision to Revoke

• Issues involved in probation revocation include
• Revocation authority
• Types of probation violations
• Revocation procedures
• Rights during revocation
• While most revocation decisions are
  discretionary, some jurisdictions mandate
  automatic revocation .
• LO 3

7
Types of Probation Violations

• Law Violation- occurs if a probationer commits
  another misdemeanor or felony crime.
• Technical Violation-a pattern of infractions,
  usually technical, that breach a condition(s) of
  probation.
• 85-90 of all violations are technical
• Probation Absconders-occurs if a probationer
  leaves the jurisdiction without permission.
• LO 3

8
Revocation Procedure

• Revocation procedures are governed by
• Constitutional rules
• State/Federal law
• Agency policy
• The federal system and some states provide
  probation officers the power to arrest
  probationers, while other states specifically
  prohibit probation officers from doing
  so. LO 3

9
Revocation Procedure, Cont.

• Time on probation or parole is usually not
  credited toward sentence completion if a
  revocation occurs.
• However, a federal court and now a Florida
  statute permit the court the option to credit
  none, some, or all time spent on supervised
  release toward the sentence.
• LO 3

10
Revocation Rights of Probationers and Parolees

• A probation or parole revocation is an
  administrative hearing and is seen as an
  extension of the existing sentence, and
• Does not require a jury
• No Fifth Amendment privilege
• No speedy trial
• LO 4

11
Revocation Rights of Probationers and Parolees,
Cont.

• Gagnon v. Scarpelli (1973)
• The Supreme Court mandated due process for
  probation revocation proceedings, consisting of
• A 2 stage hearing, consisting of a preliminary
  hearing and a final revocation hearing
• Written notice of the alleged violation
• Disclosure of the evidence
• The opportunity to testify and present evidence
• The right to confront and cross-examine witnesses
• The right to judgment by a neutral and detached
  hearing body
• A written statement of the final decision,
  including evidence relied on in arriving at the
  decision LO 4

12
Revocation Rights of Probationers and Parolees,
Cont.

• The Supreme Court had granted the same due
  process rights to parolees one year earlier in
  Morrissey v. Brewer (1972).
• The level of proof and evidence required for
  revocation varies among the states, although most
  require preponderance of the evidence as the
  standard.
• LO 4

13
Revocation Rights of Probationers and Parolees,
Cont.

• Revocation for inability to pay fees, restitution
  or fines can occur if the behavior is willful and
  intentional.
• Juvenile probation revocation is bounded by the
  age of the juvenile at the time of sentencing,
  rather than at time of revocation.
• Probation may be revoked after the probation
  period has expired under certain conditions.
• LO 4

14
Due Process Rights in Revocation Hearings

• 1. Written notice of the alleged probation
  violation
• 2. Disclosure of the evidence of violation
• 3. The opportunity to be heard in person and to
  present evidence
• and witnesses
• 4. The right to confront and cross-examine
  adverse witnesses
• 5. The right to judgment by a detached and
  neutral hearing body
• 6. A written statement of the reasons for
  revoking probation,
• including evidence used in arriving at that
  decision
• LO 4

15
Probation Effectiveness

• Probation Recidivism Rates
• The definition of success and failure differs
  between researchers.
• 35 studies in the U.S. found rearrest rates from
  12-65, the conviction rate from 16-35 and the
  revocation rate from 14-60.
• Two large studies reported successful probation
  completion rates of over 70.
• Probation is most successful for those eligible
  for diversion, misdemeanor or first-time
  felons. LO 5

16
Probation Outcomes, Cont.

• Those most like to succeed on probation are
• Women
• Offenders over the age of 30
• Those with no prior or adult or juvenile
  convictions
• Those with skills to maintain employment
• High school graduates
• Those that lived with their spouse or children
• LO 5

17
Probation Outcomes, Cont.

• Upon comparison, probationers committed less
  technical violations and fewer new crimes than
  parolees.
• Probationers were more likely to complete
  supervision successfully than parolees,
  regardless of crime committed.
• LO 5