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December 3, 2020

New Pew report highlights how "States Can Shorten Probation and Protect Public Safety"

Shorten_Probation_and_Public_Safety_Report_650px_Figure2This important new report from The Pew Charitable Trusts, titled "States Can Shorten Probation and Protect Public Safety," provides a great accounting of key data and good policy in the probation area.  Here are excerpts from the report's overview:

More than 3.5 million, or 1 in 72, adults were on probation in the United States at the end of 2018 — the most recent year for which U.S. Bureau of Justice Statistics (BJS) data is available — more than triple the number in 1980.  Nationwide, on any given day, more people are on probation than in prisons and jails and on parole combined.

At its best, probation — court-ordered correctional supervision in the community — gives people the opportunity to remain with their families, maintain employment, and access services that can reduce their likelihood of reoffending while serving their sentences.  But, as previous research by The Pew Charitable Trusts has shown, the growth and size of this population have overloaded local and state agencies and stretched their resources thin, weakening their ability to provide the best return on taxpayers’ public safety investments, support rehabilitation, and ensure a measure of accountability.

One key factor driving the size of the probation population is how long individuals remain on supervision.  A growing list of high-quality studies have shown that long probation sentences are not associated with lower rates of recidivism and are more likely than shorter ones to lead to technical violations — noncompliance with one or more supervision rules, such as missing appointments or testing positive for drug use.  Recent research from the Council of State Governments has found that such violations contribute significantly to state incarceration rates and correctional costs: More than 1 in 10 state prison admissions are the result of technical violations of probation rather than convictions for a new crime.  To date, the average length of probation has not been well documented, because data on individual terms has been lacking.

To begin addressing this gap and help criminal justice stakeholders better understand how long people spend on probation — as well as the effects of term length on individual recidivism outcomes — The Pew Charitable Trusts conducted an in-depth analysis of BJS data from 2000 through 2018.  Additionally, Maxarth LLC examined Oregon and South Carolina data to quantify the potential to reduce probation lengths without increasing re-offending in those states, and the National Conference of State Legislatures (NCSL) reviewed probation sentencing statutes in all 50 states.  This report provides a first-of-its-kind national and state-level portrait of the average length of probation and explores whether term lengths can be safely reduced and what options are available for state policymakers looking to improve their system’s outcomes....

No national standard exists for how long probation should be for any given case.  Rather, the findings of this and other research suggest that probation should be only long enough to meet its basic objectives of providing accountability proportional to the underlying criminal offense, connecting people to needed treatment and services, and enabling individuals to complete programs such as cognitive behavioral therapy and counseling that have been shown to reduce the risk of re-offending.

Research indicates that people are at the highest risk of re-offending early in their probation terms; for example, among people on felony probation in Oregon who were rearrested within three years of entering probation, 69% were arrested in the first year.  Further, studies show that after the first year, many supervision provisions, such as reporting requirements and community-based services, have little effect on the likelihood of rearrest, so keeping probation terms short and prioritizing resources for the early stages of supervision can help improve success rates among people on probation, reduce officer caseloads, and protect public safety.

Although probation was originally conceived as an alternative to incarceration, criminal justice officials, policymakers, and other stakeholders increasingly acknowledge that keeping people on probation longer than is needed to deliver public safety benefits carries unnecessary and unproductive costs and wastes scarce resources. This report aims to help state and local leaders better understand and address the critical issue of probation length by providing essential data and offering policies and practices that can improve outcomes for probation departments and the people they supervise across the U.S.

December 3, 2020 at 04:38 PM | Permalink

Comments

This report could use some real life situations to be accurate. How about a man accused of a felony that was innocent, sent to prison for 5 years and refused parole because of having to admit guilt. Then forced on probation for 10 years by a Prosecutor that stated in front of a local Tea Party group that he requests 10 year probation to all the people he prosecutes so that he can yank them back into the system. The prosecutor was Jack A. McGaughey who is now the District Judge and still incompetent & bias. There was no investigation, it should have been a civil matter and the prosecutor went out of his way to send someone to intimidate a young girl after she turned 18 (about 5 years later). A girl that was manic depressive and starting puberty at the time of accusation. Know anything about manic depression?

Posted by: LC in Texas | Dec 4, 2020 7:45:40 PM

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