« SCOTUS hears argument in two notable federal criminal justice cases this week | Main | Will Election 2014 speed up or slow down the marijuana reform movement? »

November 4, 2014

"Profiles in Probation Revocation: Examining the Legal Framework in 21 States"

ProfilesProbationCover1The title of this post is the title of this notable new research report just released by the Robina Institute of Criminal Law and Criminal Justice. Via the Robina Institute at this webpage, here are the basics of the report's coverage and contents:

The Robina Institute is pleased to present the publication of Profiles in Probation Revocation: Examining the Legal Framework in 21 States, a close look at probation revocation practices in twenty-one states and the Model Penal Code.  The first publication of the Probation Revocation Project, Profiles on Probation Revocation, allows for a comparison across selected jurisdictions.  This report reveals a wide variation in probation practices in the United States and we hope it will further the dialogue on community supervision and probation practices.

This publication is the first in a series that will be produced by the Probation Revocation Project.  The focus of this publication is the legal framework of probation: that is, how have the legislature and courts defined the purpose and functions of probation in each state?  The focus of one or more subsequent publications will be how probation actually works within that legal framework.

In addition, I received from one of the authors of the report this more extended summary of its coverage:

The report compiles — in a convenient format — the results of a yearlong research project conducted by the Robina Institute on the laws relating to probation revocation in 21 American states.  By leafing through the volume’s four-page “legal profiles,” readers can easily see how much variation exists in statewide laws of probation and probation revocation, while zeroing in on issues of greatest interest.  Whether a reader’s jurisdiction is included in the report’s 21 states or not, the legal profiles contain a wealth of information that will allow for comparison with one’s own system.

The focus of the report is probation revocations and what leads up to them.  Each legal profile describes a particular state’s approach to issues collected under twelve headings concerning probation.  These are: Definition and Purpose, Forms of Probation, Length of Term, Early Termination, Supervision, Conditions, Modification of Conditions, Extension of Probation Term, Revocation Procedures, Legal Standard for Revocation, Revocation and Lesser Sanctions, and Appeal. The selected topics embrace aspects of the use of probation that may contribute to (or, conversely, reduce) revocation rates or the numbers of probationers who enter revocation proceedings.

Each profile begins with the nature of the probation sanction itself, including lengths of term and the burdens placed on probationers through sentence conditions. These are the early precursors of revocation rates.  The profiles also focus on what happens during the probation term, and how the law allows the terms of conditions of probation to lighten or grow more restrictive in individual cases. For example, legal arrangements during the probation period that encourage probationers to succeed — or at least do not impede their success — will have an impact on revocation numbers. Finally, the profiles give close attention to each state’s probation revocation process itself, including the legal grounds for revocation, the identity of the ultimate decisionmaker (judicial versus administrative), rules for hearings, procedural rights that accrue to the probationer, and the range of sanctions that may be imposed after a sentence violation is proven or admitted.

The report relies on official legal source materials such as statutes, court rules, caselaw, administrative rules and policies, and publicly-available documents. The report seeks to describe, more or less, the “law-on-the-books,” while realizing that the official sources do not necessarily reflect actual practices of probation supervision and revocation on the ground. Even so, the report provides new and valuable comparative information about statewide legal superstructures for probationary sentences. While not a full portrait of what happens in individual states, the report illuminates crucial legal boundaries within which local and case-specific discretion must be exercised.

November 4, 2014 at 09:58 AM | Permalink

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d83451574769e201b7c700350b970b

Listed below are links to weblogs that reference "Profiles in Probation Revocation: Examining the Legal Framework in 21 States":

Comments

Revocation of federal supervised release is easily done. But when they use your past criminal history category as the basis for sending you back, along with the severity level.
Its game over. If you have just done an overly nbr of yrs, as all federal cSes are.

It turns out that you never grt out of the federal system. That is their basic premise.
Once we get you, your ours forever. Think about it.

Do you drink coffee, wine at night, look at the young lady who oasses by in the hall.

Try to give up and go cold turkey, for x nbr of yrs. i have trouble going mon thru fri being good. Much for 5 - 10 yrs.

Posted by: 187Midwest Guy | Nov 4, 2014 7:17:01 PM

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB