PROBATION TERMS AND OFFENDER BEHAVIOR

1. PROBATION TERMS AND OFFENDER BEHAVIOR Purpose: To align the terms of probation with a behavioral change model of probation and evidence-based practices. Proposal: To reduce the maximum terms of probation and to enable early termination based on positive behavior change.

2. Re-offending and Supervision • Based upon National and Connecticut statistics, offenders placed on probation who violate their probation conditions and/or are rearrested, do so within 24 months after being sentenced to a term of probation. (Austin, 2006. Hill, 2007). • In Connecticut, approximately 87% of the offenders who are rearrested while serving a term of probation, occur within their first 24 months of supervision. (Hill, 2007).

3. What Influences Re-Offending? • The likelihood that an offender placed on probation will commit further crimes is associated with their assessed level of risk. (Andrews, Bonta, Wormith, 2004.) • To have the greatest impact on recidivism reduction, supervision and treatment resources should focus on higher risk and non-compliant offenders. (Andrews, 2001; Lowenkamp, Latessa, 2004.)

4. Supervision Length • Most treatment programs and correctional interventions designed to change criminal behavior can be delivered within 24 months. (Barry, 1999; Austin, 2006.) • There is no evidence that lengthy periods of community supervision are associated with reductions in recidivism. (Austin, 2006.)

5. Cost Benefit Retaining many offenders under probation supervision in order to change criminal behavior and enhance public safety after 24 months, provides a diminishing return on the resource investment. (Taxman, 2006.)

6. Sentence Severity and Length There have been no consistent findings either in official statistics or research studies that the sentence severity or length has served as an effective crime deterrent, or reduced recidivism. (Gendreau, Goggin, Cullen, Andrews, 2000; McGuire, 2002.)

7. How Can Supervision Influence Offender Behavior? Providing incentives and reinforcement for positive behavior as well as appropriately administered sanctions for unacceptable behavior has been identified as an important principle in changing criminal behavior. (Bogue, Cambell, Carey, Clawson, Faust, Florio, Joplin, Keiser, Wasson, Woodward, 2004; Meyers, Miller, 2001; Taxman, 2006; Burnett, Roberts, 2004.)

8. In Connecticut… • Convicted offenders can be placed on probation supervision for up to 5 years for felony convictions; 3 years for Class A misdemeanors; and between 10 and 25 years for sex offenses. • The vast majority of offenders placed on probation in Connecticut regardless of compliant behavior, program participation, and successful completion of required conditions and services remain on probation supervision for their full term.

9. Recommended Changes

10. Early Completion For probation periods > 2 years for felony convictions, and > 1 year for A and B misdemeanor convictions, the supervising probation officer will report to the Court at the 2 or 1 year period on the progress of the probationer in addressing their assessed needs, and meeting any court ordered conditions. Unless ordered otherwise by the Court, the period of probation will end. If ordered by the Court, the period of probation may be extended for an additional year.

11. Early Completion(Continued ) Based upon the circumstances of the case, the sentencing Judge will have the discretion at the time of sentencing to extend the period of probation up to one year beyond the statutory maximum term. The reason for the extension will be entered into the court record.