Successful Completion for Employment Probation - PowerPoint

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					  Chapter 7
Probation Modification and
   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
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
The Decision to Revoke
   Issues involved in probation revocation
       Revocation authority
       Types of probation violations
       Revocation procedures
       Rights during revocation
   While most revocation decisions are
    discretionary, some jurisdictions mandate
    automatic revocation
Types of Probation Violations
   Law Violation- occurs if a probationer
    commits another misdemeanor or felony
   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
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
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
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
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
            A written statement of the final decision, including evidence
             relied on in arriving at the decision
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
Revocation Rights of Probationers and
Parolees, cont.
   Revocation for inability to pay fees, restitution or
    fines can occur if the behavior is willful and
   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
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
Probation Effectiveness, cont.
   Those most like to succeed on probation
       Women
       Offenders over the age of 30
       Those with no prior or adult or juvenile
       Those with skills to maintain employment
       High school graduates
       Those that lived with their spouse or children
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

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