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CJC1162
Parole and Probation
Dr. E. Buchholz
Chapter 7
Community Supervision Modification and Termination
Introduction
 Probation is conditional and may result in:
o Early termination- if the probationer is compliant
o Modification- most typically, if technical or misdemeanor violations occur
LO: 1
 Revocation- if serious technical violations or new crimes occur
o More intensive supervisions level
o Complete elimination
 Residential community facility
 Jail or prison
Modifying Probation Conditions
 Early Termination of Probation
o Termination any time during the probation period.
o Some states allow early termination after successful completion of 1/3 of the probation
term or 2 years, whichever is less.
 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%
LO: 1
Types of Violations
 Violating conditions of release can lead to an extended period on supervision, additional
conditions, or revocation
 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


Percent who enter state prison because of parole revocation: 1930 to present
Revocation reasons among parole v. probation violators
Modifying Probation Conditions
 Modifying Conditions Before the Revocation Decision
o Some jurisdictions allow probation officers to modify conditions in response to
specific violations through the use of Administrative Options.
LO: 1
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Administrative Options
 Administrative interventions
o In-house approaches that take place by a probation officer, sometimes in conjunction
with a supervisor’s advice or approval, prior to filing a formal revocation with the
courts.
 Include
o oral/written reprimands
o staffings
o motivational interviewing techniques
o a directive
LO: 2
Administrative Options, Con’t.
 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
o made little to no effort to find employment,
o failed to report,
o did not appear for community service work, and
o for the first positive alco-sensor test.
LO: 2
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The Decision to Revoke
 Issues involved in probation revocation include:
LO: 3
Revocation Procedure
 Revocation procedures are governed by:
o Constitutional rules
o State/Federal law
o 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
The Decision to Revoke cont’d
 Stickels (2007) found that of the probationers who continued to be resistant after the
administrative options had been exhausted and went in front of the judge
o 42% had their probation conditions modified or extended
o 54% went to jail or prison
The Decision to Revoke cont’d
 Federal system has mandatory recovation for
o Committing any crime of violence or facilitating sexual contact against a child under
the age of 16 (Carlie’s Law)
o Possession of a firearm
o Possession of a controlled substance or positive drug test
o Refusal to comply with drug testing
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Types of Violations
 Law Violation
o Occurs if a probationer commits another misdemeanor or felony crime
 6-10% of probation revocations
 60-70% of all parole revocations
o Acquittal for a new offense may lead to revocation because of differences in
standards of proof
 Requires only a “preponderance of the evidence”
 Is not double jeopardy because revocation is merely an administrative and
not a criminal proceeding, even if it result in incarceration
Types of Violations
 Technical Violation
o A pattern of infractions, usually technical, that breach a condition(s) of probation
 Failure to report
 Failure to maintain employment
 Failure to attend treatment
 Association with known felons
 Testing positive for drugs
o 85%-90% of all violations are technical
LO: 3
Types of Violations cont’d
 Community Supervision Absconders
o Occurs if a offender leaves the jurisdiction he is required to be in without permission
o 12-18% of all parolees and 18 % probationers abscond from supervision nationally
o 26% of offenders from restitution centers abscond
o Only 2% of all federal probationers
LO: 3
Revocation Procedure
 Revocation procedures are governed by:
o Constitutional rules
o State/Federal law
o 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
Revocation Procedure, Cont‘d
 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
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:
o Does not require a jury
o No Fifth Amendment privilege
 Remaining silent a revocation hearing may prejudice the outcome against
the defendant, but testifying can be used as evidence at a later criminal trial
unless given “immunity”
o No speedy trial
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LO: 4
Revocation Rights of Probationers and Parolees cont’d
o Limited right to an attorney
o Standard of proof to revoke is by a preponderance of the evidence
o Reliable hearsay evidence is generally admissible
LO: 4
Revocation Rights of Probationers and Parolees Cont‘d
Morrissey v. Brewer (1972) & Gagnon v. Scarpelli (1973):
 The Supreme Court mandated due process for probation revocation proceedings, consisting
of:
o A 2-stage hearing
o Written notice of the alleged violation
o Disclosure of the evidence
o The opportunity to testify and present evidence
o The right to confront and cross-examine adverse witnesses
o The right to judgment by a neutral and detached hearing body
o A written statement of the final decision, including evidence relied on in arriving at
the decision
LO: 4
Two Stage Process for Parole Revocation
 Preliminary hearing: (show cause—does pc exist that probation violation occurred)
o determines whether preponderance of evidence exists to believe a violation has
occurred
 Final revocation hearing: (due process hearing)
o 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
Revocation Rights of Probationers and Parolees, Cont‘d
 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
Revocation Rights of Probationers and Parolees, Cont‘d
 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.
o “tolled” (stop the clock); i.e., for fleeing jurisdiction
LO: 4
Revocation Rights of Probationers and Parolees, Cont‘d
 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
LO: 4
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Probation Effectiveness
 Probation Recidivism Rates
o The definition of “success” and “failure” differs between researchers (i.e., noncompliance resulting in revocation, absconding, or being sentenced for another
offense)
o 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%.
o Probation is most successful for those eligible for diversion, misdemeanor or firsttime felons. LO: 5
Probation Outcomes, Con’t.
 Those most like to succeed on probation are:
o Women
o Offenders over the age of 30
o Those with no prior or adult or juvenile convictions
o Those with skills to maintain employment
o High school graduates
o Those that lived with their spouse or children
LO: 5
 Being young, unmarried, having a prior criminal history, & lacking emotional maturity
contributes to higher failure rates
Measuring Success on Supervision
 Rate of success on supervision depends on its definition:
o How is recidivism defined - rearrest, conviction, revocation (law or technical), or
reincarceration?
o Duration of time offenders are studied?
o The sample size?
 Different recidivism rates reflect, in large part, diverse decision making by supervising
officers, judges, & police
Measuring Success on Supervision, cont’d
 Studies indicate:
o Most rearrests of parolees occur within first 3 months after release
o Probationers commit fewer new crimes than parolees
o Probationers were more likely to complete supervision successfully than parolees,
regardless of crime committed
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
Probation Outcomes, Con’t.
 Upon comparison, probationers committed less technical violations and fewer new crimes
than parolees.
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
LO: 5
Probationers were more likely to complete supervision successfully than parolees, regardless
of crime committed.
Kwame Kilpatrick
 Kilpatrick was Mayor of Detroit 2002-2008
 Convicted on felony counts of perjury & obstruction of justice and sentenced to 120 days in
the county jail, followed with 5 years probation after pleading guilty
o Used his city-issued credit card to charge thousands of dollars worth of spa massages,
extravagant dining, and expensive wines
o Paid back $9,000 of the $210,000 credit card charges
o Lied during a trial to cover up an affair with his top aide, Christine Beatty
o Demoted and fired police officers who suspected wrongdoing at city hall
 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
Kwame Kilpatrick cont’d
 Released on probation after serving 99 days
 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
Kwame Kilpatrick
 March 2013 convicted on 24 additional federal felony counts, and on October 10, 2013
sentenced to 28 years in prison
o Mail fraud
o Wire fraud
o Racketeering
o Extortion
End of Chapter 7
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