Supervision Violations Research Articles

Are Supervision Violations Filling Prisons? The Role of Probation, Parole, and New Offenses in Driving Mass Incarceration.

Advocates for reform have highlighted violations of probation and parole conditions as a key driver of mass incarceration. As a 2019 Council of State Governments report declared, supervision violations are "filling prisons and burdening budgets." Yet few scholarly accounts estimate the precise role of technical violations in fueling prison populations during the prison boom. Using national surveys of state prison populations from 1979 to 2016, the authors document that most incarcerated persons are behind bars for new sentences. On average, just one in eight people in state prisons on any given day has been locked up for a technical violation of community supervision alone. Thus, strategies to substantially reduce prison populations must look to new criminal offenses and sentence length.

Sentencing of Technical and Low-Level Supervision Violations: An Analysis of Fixed Effects Across Federal Judicial Districts

A considerable amount of previous research has examined the iatrogenic effects of mass imprisonment. This work has often considered the fact that the sentencing of people for low-level supervision violations is a contributing factor to the prison population. Relatively little work, however, has examined the factors which specifically influence the sentencing of probation and parole violators for technical and other low-level infractions. The present study analyzed over 44,000 cases of individuals who appeared in federal courts between 2013 and 2017 for relatively minor violations of federal community-based supervision. Using multilevel analysis to account for the nested quality of federal sentencing data, the study examined assorted individual-level legal and extra-legal effects on various sentencing outcomes. Effects were found for gender, having admitted to supervision violations, and predicate offense of conviction. Implications are presented.

Online child sexual exploitation material: A comparison from police data on men charged with child sexual exploitation material exclusively and men charged with contact child sexual abuse exclusively

We do not know whether men who access Child Sexual Exploitation Material (CSEM) are contact child-sex offenders using technology - or a new and different type of child sex offender. This study compares men who were charged with Contact Child Sexual Abuse (CCSA) (n = 95) exclusively, and men who were charged with offences involving online CSEM (n = 99) exclusively. This is the first study of its kind in Australia, the first to divide participants into mutually exclusive offending type groups and to do this using police data. Logistic regression results indicated that CSEM offenders were significantly more likely to be older, more likely to be employed, have fewer criminal charges and supervision violations compared to CCSA offenders. The findings further highlighted the heterogeneity of those charged with child sexual offences based on offence typology. The identification of demographic, lifestyle and interpersonal characteristic differences between online CSEM and CCSA offenders’ questions the use of uniform approaches to community supervision and treatment protocols. The implications of these findings are discussed in light of an increased volume of people charged with CSEM offences.

State Prosecutors at the Center of Mass Imprisonment and Criminal Justice Reform

State prosecutors around the country have played a crucial role in mass imprisonment. Little supervision and virtually unsurpassed decision making power have provided them with unrivaled influence over the size, growth, and composition of our criminal justice system. They decide which cases to prosecute, whether to divert a case, whether to offer a plea, and what sentence to recommend. Their impact does not stop at sentencing. They weigh in on alternative dockets, supervision violations, parole release, and even clemency requests. But they are also part of a larger system that constrains them. Funding, judicial limits on their power, and legislative grants of authority to other players in the criminal justice system all serve to limit the freedom of prosecutors. The public health threat COVID-19 presents to those detained in jails and prisons has turned into a case study of prosecutorial authority. It powerfully displays the sway political ideology, divergent purposes of punishment, and public safety considerations hold over release decisions. The prosecutors most successful in decreasing inmate population numbers quickly have been not only proactive but also able to build effective coalitions with other criminal justice actors. Whether COVID-19 will in the long run lead to smaller jail populations and shorter prison terms remains an open question. Yet, it further reinforces and strengthens the role of prosecutors whose expansive reach into our communities—with an eye to incarceration or decarceration—continues to be a powerful feature of the American criminal justice system.

The Effect of Reentry Court Participation on Post-Release Supervision Outcomes and Re-Arrest

ABSTRACT This research examines the impact of participation in a federal reentry court program on supervision violations, revocations, and re-arrest. We evaluate a federal reentry court that utilized random selection and random assignment of participants to treatment groups and random selection for control groups. Outcomes examined include: number of supervision violations, non-technical violations, and re-arrests; and relative risk of supervision violation, non-technical violation, supervision revocation, and re-arrest. Negative binomial and Cox regression models suggest that participation in reentry court had little impact on supervision outcomes or re-arrest. Specifically, although the reentry court participants had more supervision violations compared to the control group, on average, there were no other differences based on reentry court participation. The survival analysis revealed no statistically significant differences in supervision outcomes or re-arrest for reentry court participants compared to other study groups. This study contributes to the scant and conflicting literature on reentry court programs.

Impact of Swift and Certain Sanctions

Research SummaryIn the wake of the mass incarceration movement, many states must now manage the rebound of decarceration. Thermodynamic forces of the justice system, however, have pushed former fiscal pressures of institutions onto that of community corrections. Encouraged by the positive findings of recently piloted innovations, several jurisdictions have taken great interest in the implementation of deterrence‐based sanctioning models when dealing with supervision violations. Among the first to implement a statewide turn to this style of sanctioning, Washington State's swift‐and‐certain (SAC) policy was implemented in June 2012. The intent of SAC was to expand the model found in Hawaii's Opportunity Probation and Enforcement (HOPE) to a wider criminal justice population, while emphasizing the reduction of confinement costs. This study focused on the impact of SAC with regard to supervision outcomes for participants. By using a quasi‐experimental design, we examined confinement, recidivism, treatment, violation, and costs outcomes of SAC participants. Findings reveal that SAC participants were found to incur fewer sanctioned incarceration days after a violation, reduced odds of recidivism, possessed greater treatment program utilization, reduced their propensity of committing violations over time, and as a result, imposed lower correctional and associated costs. The SAC model provides noteworthy positive effects and no appreciable negative impacts on public safety.Policy ImplicationsWe further discuss the impact of SAC in the context of deterrence‐based sanctioning. Specifically, we explain how practices such as SAC may impact the future of sanctioning community supervision conditions. Although many policies that emphasize deterrence demonstrate inconsistent findings, immediate advantages of SAC take the form of fiscal savings, indicating that these novel methods provide a form of justice reinvestment. Additionally, connecting deterrence‐based supervision methods to reductions in most recidivism measures suggests that proportionality and quality assurance may increase the effectiveness of these policies. We recommend ways that such nuanced implementation may be fruitful, as well as suggest ways of conceptualizing the theory of deterrence. Policy makers can appropriately work its components into supervision practice without depreciating the importance of treatment and addressing criminogenic needs.

The effect of imprisonment on recommitment: an analysis using exact, coarsened exact, and radius matching with the propensity score

This study examines the effect of prison versus community sanctions on recommitment to prison and compares two levels of community supervision, community control (house arrest) and probation, evaluating whether the findings are contingent on the type of matching methods used in the analysis. Logistic regression was conducted on unmatched and matched samples. Exact, coarsened exact, and radius-matching procedures were used to create a selection on observables design. Matching variables included current offense, demographics, criminal history, supervision violations, and a rich set of Florida Sentencing Guidelines information culled from an official scoring sheet. Florida judges use this instrument to sentence offenders within the framework of the state determinate sentencing system. The results show that with exact matching, there is no effect of imprisonment on recommitment, while the other procedures suggest a specific deterrent effect of imprisonment. All four analysis methods showed that offenders under community control are more likely to reoffend than those under normal probation. Analyses between the matched and unmatched prison observations demonstrate that the matched set of prisoners is composed of offenders who have less extensive criminal records and less serious conviction offenses than unmatched offenders regardless of the matching algorithm. Contrary to a prior analysis of these data, which found a criminogenic effect of prison, a null effect was found using exact matching. Comparing the matching procedures, the more precise the match the less likely there was an effect of prison. However, community control was criminogenic regardless of the matching procedure.

Supervision Violations: Patterns and Outcomes

This study describes violating behavior and sanctioning responses in the postincarceration period. We describe patterns of noncompliance during supervised release—a subject known little about—and find that (a) nearly all offenders commit at least one violation and (b) the vast majority of violations are drug related. Additionally, we find that sanctioned offenders are less likely to reoffend, but that (a) severity is not critical, and (b) the relationship does not persist as violations grow. These results suggest that agencies may increase the effectiveness of sanctioning policies through careful consideration of what sanctions to apply, to whom and at what point.

Predicting probation supervision violations.

The task of risk assessment is a central feature of probation work and a core activity of probation officers. Risk assessment forms the basis for subsequent interventions and management of offenders so that the likelihood of reoffending is reduced. A primary difficulty for probation workers is the ability to predict the risk of probation violations which could facilitate prevention. The main objective of the present study was to investigate the value of the 61-item Dutch diagnostic and risk assessment tool Recidivism Assessment Scales (RISc) with respect to predicting probation supervision violations of male probationers (N = 14,363). Because all RISc assessments included in the study were completed before the start of the supervision period, they could not have been influenced by behavior of the offenders or other circumstances during this period. It was found that the predictive accuracy of the RISc, with regard to supervision violation, was supported. All RISc subscales and the total score significantly predicted probation supervision violation. The AUC demonstrating the strength of the relationship of the RISc total score (AUC = .70) is satisfactory. Logistic regression analyses resulted in a fitting model, demonstrating that a selection of only 17 items from the total of 61 RISc items was sufficient to predict probation violation while preserving predictive accuracy (AUC = .73). For one of the possible cut-off sum scores used to select groups at high risk for probation violation, it was shown that is possible to double the percentage of correctly identified future violators when compared to the base rate of probation violation.

Failure-to-register laws and public safety: An examination of risk factors and sex offense recidivism.

The goals of this study were to describe the characteristics of a sample of sex offenders charged with failure to register (FTR) in New York State, compare the FTR and non-FTR groups on relevant risk factors, identify risk factors associated with failing to register, and investigate the relationship between registration noncompliance and both general and sexual rearrest. FTR offenders were found to be younger, more likely to be a minority race, and have more extensive and varied prior criminal histories as well as a record of supervision violations. Results also indicated that FTR was more strongly correlated with nonsexual recidivism (r = .44) than sexual recidivism (r = .09). FTR contributed to the likelihood of sexual recidivism for rapists of adult victims, but not for sex offenders with child victims, and occurred in combination with a history of prior sexual crimes and versatility in criminal offending.

The (F)utility of Post-Conviction Polygraph Testing

The apparent utility of the polygraph to work both as a treatment and supervision aid and as a deterrent for future offending is cited as ample justification for its use. This article examines these claims to demonstrate that although post-conviction polygraph testing may have some utility by increasing disclosures of prior offending and, within specific cases, admissions of treatment and supervision violations, the limited evidence accumulated thus far does not adequately ascertain its accuracy nor support its efficacy or effectiveness as a deterrent. The article concludes with recommendations for creating a real evidentiary base beyond polygraph testing's apparent ability to elicit more information from offenders to evidence that can determine whether it is efficacious and effective in reducing criminality and deviance.

Cross-Validation of the Self-Appraisal Questionnaire with a Maximum-Security Psychiatric Population

The Self-Appraisal Questionnaire (SAQ) is a 72-item, self-report measure designed to predict recidivism, supervision violations, and related behaviors among nonmentally disordered Canadian federal offenders. In the present article, the authors demonstrate that the SAQ maintains satisfactory predictive validity on cross-validation with a high-risk correctional psychiatric sample.

Recidivism and use of services among persons with mental illness after release from prison.

Despite large numbers of mentally ill offenders in prisons, few studies of mentally ill offenders released from prison have been conducted. This study describes such a population of mentally ill offenders, the postrelease services they received, new offenses they committed, and factors associated with recidivism. The authors reviewed electronic files and archived medical charts from the state corrections department to identify mentally ill offenders who left Washington state prisons in 1996 and 1997. Data on the individuals identified were then provided by several public agencies. Summary statistics were computed on subjects' characteristics and postrelease outcomes, and logistic regression analysis was used to identify variables that predicted convictions of new felonies and new crimes against persons. A total of 337 mental ill offenders were identified. Men and women differed with regard to offenses, diagnoses, rates of drug abuse, and use of mental health resources. Although most subjects (73 percent) received postrelease social or mental health services, few received clinically meaningful levels of service during the first year after release. Charges for new crimes or supervision violations were common (70 percent of subjects), but only 10 percent committed new felonies against persons, and 2 percent committed very serious crimes. Youth, frequency of past felonies, and variables such as misbehavior in prison were associated with new offenses. Whether community mental health treatment affects recidivism cannot be assessed fairly in the absence of higher levels of service during the first months after release. This study also identifies actuarial risk factors that predict new offenses at a level comparable to that of published risk assessment instruments. Commission of less serious offenses that usually precede felonies may provide an early warning of risk for new felonies and an opportunity for strategic intervention. The low rate of serious violence in the community by mentally ill offenders released from prison suggests that the risk of violence may be a weak and potentially counterproductive rationale for community support and mental health treatment of mentally ill offenders.