Understanding Probation: Modification, Termination, and Revocation

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 felony offenses occur

3. Modifying Probation Conditions • Early termination of Probation • Some states allow early termination after successful completion of one-third of the probation term or two years, whichever is less • Modifying Conditions Before the Revocation Decision • Some jurisdictions allow probation officers to modify conditions in response to specific violations

4. 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

5. 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

6. Revocation Procedure • Revocation procedures are governed by: • Constitutional rules • State/Federal law • Agency policy • The federal system and some states provides probation officers the power to arrest probationers, while other states specifically prohibit probation officers to do so

7. Revocation Procedure, cont. • Time on probation or parole is usually not credited toward sentence completion if a revocation occurs • Some states provide reductions for good behavior for parolees, although most states do not do so for probationers

8. 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

9. Revocation Rights of Probationers and Parolees, cont. • Gagnon v. Scarpelli (1973) • The Supreme Court mandated due process for probation revocation proceedings, consisting of: • A two 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

10. Revocation Rights of Probationers and Parolees, cont. • The Supreme Court had granted the same due process rights to probationers 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

11. 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

12. 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

13. Probation Effectiveness, 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

14. Probation Effectiveness, 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