Chapter 7 Flashcards
Early termination for good behavior
- officers can apply on behalf of their clients
- after a client has served 2 years or 1/3 of their term, others might need to complete their time
- can include reduced visits, later curfew
- violations lead to extended supervision or more conditions
- courts access risk, whether it increases compliance or if it better serves needs of offender
Law violation
if probationer commits a misdemeanor or felony crime, even if offender is guilty of a new crime revocation. For misdemeanor or drug use/possession, probation is revoked
Technical violation
breach of condition of probation, goes against orders from court or parole board
- test positive for drugs
- failure to report, attend treatment, or maintain employment
Absconding from community supervision
offender escapes or flees supervision there are required to stay within
In house progressive sanction options
administrative interventions are ways the officer attempt to gain compliance
- oral/written reprimands, staffing, motivational interviewing, and techniques
Revocation procedures
- begin with violation report
- agency decides whether or not to arrest offender, or issue citation
- arrest warrant issued -> parolee stays in county jail until hearing
- revocation hearing must be held within 90 days
2 stage process
preliminary hearing and final revocation hearing. Does preponderance of evidence exist? If yes, then revocation hearing is scheduled. Offenders can waive a preliminary hearing, and it doesn’t always result in imprisonment
Rights limited
revocation proceedings - offenders not entitled to a jury or speedy trial
- probationer/parolee not entitled to 5th amendment rights
- probationer can’t have court-appointed lawyer, unless they can’t speak for themselves
Level of proof
- states required preponderance for evidence
- if there’s proof of violation, probationer has burden of showing evidence to overcome allegations
- probation revoked for indictment by grand jury, most states admit hearsay
Revocations for inability to pay
probationer can be revoked for refusal to pay fees, fines, and restitution, but not if indigent
Time on probation or parole is usually not credited if revoked
if probation is revoked and the offender goes to prison, time served on probation or parole is not credited towards incarceration sentence
Recidivism and offender characteristics
- female offenders over 30 and not previous convictions were more likely to succeed
- ones who maintained employment, high school grads, a those with spouse and children
- young, unmarried, previous convictions, and lacking emotional maturity kept failing
