Probation Revocation

Abstract

Probation revocation is an event in which the court, after finding that one or more probation violations have been proven, rescinds an individual’s probation sentence and executes a jail or prison sentence. Probation is a community-based sanction for criminal behavior, often represented as an alternative to incarceration. A person who is placed on probation serves a defined period in the community, during which the individual is subject to the supervision of a probation officer and must comply with and complete multiple conditions of probation. Probation conditions are requirements an individual is ordered to follow or complete during the period of probation. Conditions can include administrative requirements, such as reporting regularly to one’s probation officer; public safety requirements, such as no contact with the victim; and required programming or services, such as substance abuse treatment. If an individual fails to comply with or complete any of the conditions of probation, the probation officer can allege a probation violation to the court, detailing the noncompliant behavior. There are two main types of probation violations: new crimes and technical violations. When an individual commits a new offense while serving a term of probation, the offense can serve both as the basis for a probation violation and as a charge in a new criminal case. Violations of probation conditions that do not involve new criminal behavior are commonly referred to as “technical violations.” With the recognition of mass incarceration in the United States, attention has more recently been paid to the parallel growth of mass probation and the contribution of probation revocations to prison and jail populations. The Council of State Governments estimates that in 2017, 45 percent of prison admissions were due to probation and parole violations. Thus, more research and attention is being paid to determining how to reduce probation revocations. This article identifies points of discretion leading to probation revocation, discusses issues in defining probation outcomes, summarizes common predictors of probation revocation and recidivism, and discusses the impact of the form and intensity of probation on probation outcomes.