Community Supervision Community Supervision and Alternative Sanctions and Alternative Sanctions

ComparisonsComparisons

Barb TombsBarb TombsJuly 16, 2007July 16, 2007Presentation to the CT Sentencing Task Force Presentation to the CT Sentencing Task Force SubcommitteesSubcommittees

Community Supervision & Community Supervision & Alternative SanctionsAlternative Sanctions

Overview of community correctionsOverview of community corrections Relationship and overlap of probation and Relationship and overlap of probation and

paroleparole Incarceration alternatives for appropriate Incarceration alternatives for appropriate

offensesoffenses Examples from:Examples from:

Consolidated States: Delaware, North Carolina and Washington

Not Consolidated States: Oregon and KansasNot Consolidated States: Oregon and Kansas Consolidated into an Autonomous Department: Consolidated into an Autonomous Department:

Nevada and TennesseeNevada and Tennessee

DelawareDelaware

Overview of Department of Corrections Overview of Department of Corrections Executive branch departmentExecutive branch department Consolidation of field services took place in Consolidation of field services took place in

19841984 No regional, county or municipal correction or No regional, county or municipal correction or

jail system and no separate probation systemjail system and no separate probation system Offenders immediately become the Offenders immediately become the

responsibility of the state: pre-trial and responsibility of the state: pre-trial and sentenced, misdemeanor and felony, jail and sentenced, misdemeanor and felony, jail and prison and all community-based sanctionsprison and all community-based sanctions

Sentencing Accountability Commission Sentencing Accountability Commission (SENTAC) has five sentencing options(SENTAC) has five sentencing options

DelawareDelawareIncarceration AlternativesIncarceration AlternativesSentencing Alternatives Commission (SENTAC) has fiveSentencing Alternatives Commission (SENTAC) has fiveoptions:options: Level I Administrative Supervision: First time offenders who Level I Administrative Supervision: First time offenders who

pose little risk at re-offending in the future. Pay fine, make pose little risk at re-offending in the future. Pay fine, make restitution or attend a first offender program.restitution or attend a first offender program.

Level II Field Supervision: Must meet with probation officer on a Level II Field Supervision: Must meet with probation officer on a regular schedule to comply with contact (One to 50 regular schedule to comply with contact (One to 50 hours/month).hours/month).

Level III Intensive Supervision: Consisting of 8 or more hours of Level III Intensive Supervision: Consisting of 8 or more hours of supervision/week. May include day reporting, curfews and supervision/week. May include day reporting, curfews and program attendance monitoring. Case load of 25 per/officer.program attendance monitoring. Case load of 25 per/officer.

Level IV Quasi-Incarceration: Nine or more hours/day of Level IV Quasi-Incarceration: Nine or more hours/day of supervision including: halfway house, electronic home supervision including: halfway house, electronic home confinement, residential drug treatment. May have day confinement, residential drug treatment. May have day reporting requirement.reporting requirement.

Level V Full Incarceration: Jail for those serving less than one Level V Full Incarceration: Jail for those serving less than one year and prison describes those offenders serving more than year and prison describes those offenders serving more than one year. Both serve time in same facilities. one year. Both serve time in same facilities.

DelawareDelaware

Bureau of Community Corrections (BOCC)Bureau of Community Corrections (BOCC) Probation and Parole are functions of Probation and Parole are functions of

BOCC which is entirely a state functionBOCC which is entirely a state function Parole abolished under Truth in Sentencing Parole abolished under Truth in Sentencing

Act of 1989Act of 1989 No county based structureNo county based structure Cut across SENTAC Levels I-IVCut across SENTAC Levels I-IV

I: I: Administrative SupervisionAdministrative SupervisionII: II: Field Supervision Field Supervision III: III: Intensive SupervisionIntensive SupervisionIV: IV: Quasi-IncarcerationQuasi-IncarcerationV: V: Incarceration Incarceration

DelawareDelaware

Relationship of Probation and ParoleRelationship of Probation and Parole Combined under Adult Probation and Parole DivisionCombined under Adult Probation and Parole Division State agency (DOC is executive branch department) State agency (DOC is executive branch department) Probation/Parole officers (PPO) supervise parolees Probation/Parole officers (PPO) supervise parolees

and probationersand probationers Approximately 20,000 probationers and 600 parolees Approximately 20,000 probationers and 600 parolees

(As of 2004, 293 inmates were incarcerated who are (As of 2004, 293 inmates were incarcerated who are eligible for parole)eligible for parole)

Maximum probationary sentences:Maximum probationary sentences: Violent felonies 24 monthsViolent felonies 24 months Title 16 felonies 18 monthsTitle 16 felonies 18 months All other offense 1 yearAll other offense 1 year

North CarolinaNorth Carolina

Overview of Department of CorrectionsOverview of Department of Corrections Divided into three major operational Divided into three major operational

sections: Division of Prisons, Division of sections: Division of Prisons, Division of Alcohol and Chemical Dependency and the Alcohol and Chemical Dependency and the Division of Adult Probation and ParoleDivision of Adult Probation and Parole

Parole was abolished as a result of the Parole was abolished as a result of the Structured Sentencing Act of 1994Structured Sentencing Act of 1994

Parole and probation consolidated under Parole and probation consolidated under the Division of Community Correctionsthe Division of Community Corrections

North CarolinaNorth Carolina

Division of Community Corrections (DCC)Division of Community Corrections (DCC) Responsible for supervision of all adult Responsible for supervision of all adult

offenders on probation, parole and post-offenders on probation, parole and post-release supervisionrelease supervision

Oversees “Community Service Work Oversees “Community Service Work Program” Program”

State and local governments share funding State and local governments share funding responsibilitiesresponsibilities State-County Criminal Justice Partnership ActState-County Criminal Justice Partnership Act

Three classifications of adult offenders: Three classifications of adult offenders: active, intermediate and communityactive, intermediate and community Intermediate and community offenders are the Intermediate and community offenders are the

responsibility of DCCresponsibility of DCC

North CarolinaNorth CarolinaIncarceration AlternativesIncarceration AlternativesActive, intermediate and community offendersActive, intermediate and community offenders Active: jail or prisonActive: jail or prison Intermediate: intensive supervision, probation, special Intermediate: intensive supervision, probation, special

probation probation Must include one or more special conditions: boot camp, a split Must include one or more special conditions: boot camp, a split

sentence (jail followed by supervision), house arrest with sentence (jail followed by supervision), house arrest with electronic monitoring, a residential center and day reporting electronic monitoring, a residential center and day reporting centercenter

Community: thought of as basic probation supervised or Community: thought of as basic probation supervised or unsupervisedunsupervised

May also include community service, fines and restitutionMay also include community service, fines and restitution Sentence breakdown: community 22%, intermediate Sentence breakdown: community 22%, intermediate

43%, active 35%43%, active 35% Type of sentence determined by structured sentencing Type of sentence determined by structured sentencing

gridgrid Two factors considered: severity of offense and prior criminal Two factors considered: severity of offense and prior criminal

historyhistory

North CarolinaNorth Carolina

Relationship of Probation and ParoleRelationship of Probation and Parole Structured sentencing caused probation and Structured sentencing caused probation and

parole merge parole merge Structured sentencing created post-release Structured sentencing created post-release

supervisionsupervision Probation/Parole Officers (PPO) supervise offenders Probation/Parole Officers (PPO) supervise offenders

on probation, parole and post-release supervisionon probation, parole and post-release supervision Merged officesMerged offices

Majority of community corrections are Majority of community corrections are probationersprobationers Probation 89.1%, Parole 1.6%, Post-Release Probation 89.1%, Parole 1.6%, Post-Release

1.5% and Unsupervised 7.8%1.5% and Unsupervised 7.8%

WashingtonWashington

Overview of Department of Overview of Department of CorrectionsCorrections

Sentencing Reform Act of 1981 Sentencing Reform Act of 1981 eliminated indeterminate sentencing eliminated indeterminate sentencing and parole (went into effect in 1984)and parole (went into effect in 1984)

Sentencing commission created felony Sentencing commission created felony sentencing gridsentencing grid

Indeterminate Sentencing Review Indeterminate Sentencing Review Board (ISRB) created for felons Board (ISRB) created for felons sentenced before 1984sentenced before 1984

WashingtonWashington

Community Corrections DivisionCommunity Corrections Division Offenders serving jail time and prison time Offenders serving jail time and prison time

may be required to remain under may be required to remain under community supervision after their releasecommunity supervision after their release

Responsible for offenders in the Responsible for offenders in the community who have been released from community who have been released from prison or who are ordered to be supervised prison or who are ordered to be supervised by a court of law (probation or alternative by a court of law (probation or alternative to incarceration)to incarceration)

Parole and probation fall under Community Parole and probation fall under Community CorrectionsCorrections

WashingtonWashington

Relationship of Parole and ProbationRelationship of Parole and Probation Parole abolished under Sentencing Parole abolished under Sentencing

Reform Act (SRA)Reform Act (SRA) Parolees (released before the SRA) and Parolees (released before the SRA) and

probationers are under supervision in the probationers are under supervision in the community by a Community Corrections community by a Community Corrections Officer (CCO) of the DOCOfficer (CCO) of the DOC

Parole and probation consolidated under Parole and probation consolidated under the Community Corrections Divisionthe Community Corrections Division

WashingtonWashington

Incarceration AlternativesIncarceration Alternatives First-time offender waiverFirst-time offender waiver Work crew, work release, home Work crew, work release, home

detention and work ethic campdetention and work ethic camp Special Sex Offender Sentencing Special Sex Offender Sentencing

Alternative (SSOSA)Alternative (SSOSA) Drug Offender Sentencing Alternative Drug Offender Sentencing Alternative

(DOSA)(DOSA)

KANSASKANSAS

Overview of Community CorrectionsOverview of Community Corrections Community corrections are administered by Community corrections are administered by

local county jurisdictions under the authority of local county jurisdictions under the authority of the Department of Corrections.the Department of Corrections.

Services provided by each locality vary widely. Services provided by each locality vary widely. Kansas statutory provisions delineate how Kansas statutory provisions delineate how

grants are awarded, the services to be grants are awarded, the services to be provided and the placement of applicable provided and the placement of applicable offenders.offenders.

Community Corrections are funded by the Community Corrections are funded by the state through the Department of Corrections state through the Department of Corrections and by fees imposed on the participating and by fees imposed on the participating offender. offender.

KANSASKANSASProbation and Parole ServicesProbation and Parole Services Sentencing guidelines enacted in 1993 Sentencing guidelines enacted in 1993

abolished parole; currently there is only abolished parole; currently there is only post-release supervision. post-release supervision.

Parole and probation are administered Parole and probation are administered separately with the exception of the separately with the exception of the Northwest Kansas Community Corrections Northwest Kansas Community Corrections Division which oversees all services in that Division which oversees all services in that region.region.

Parole and probation provide similar Parole and probation provide similar services such as treatment programs, services such as treatment programs, electronic monitoring and day reporting electronic monitoring and day reporting centers.centers.

KANSASKANSASAlternatives to IncarcerationAlternatives to Incarceration Services include boot camp and house Services include boot camp and house

arrest programs, alcohol/drug treatment, arrest programs, alcohol/drug treatment, education and training programs, intensive education and training programs, intensive supervision programs, electronic monitoring supervision programs, electronic monitoring and drug courts. and drug courts.

Statutory language specifically articulates Statutory language specifically articulates which offenders and offenses are which offenders and offenses are appropriate for non-incarceration appropriate for non-incarceration community supervision.community supervision.

Eligible offenders include those with up to 2 Eligible offenders include those with up to 2 or more misdemeanors or up to 1-person or more misdemeanors or up to 1-person felony/1 non-person felony. felony/1 non-person felony.

Eligible offenses include up to severity level Eligible offenses include up to severity level 6 (on a scale of 1 to 10).6 (on a scale of 1 to 10).

ORGEONORGEONOverview of Community CorrectionsOverview of Community Corrections Community corrections are administered by Community corrections are administered by

the Department of Corrections but run by the Department of Corrections but run by local jurisdictions.local jurisdictions.

Local jurisdictions supervise those on parole, Local jurisdictions supervise those on parole, post-prison supervision and probation. post-prison supervision and probation. Services provided by each locality vary Services provided by each locality vary widely. widely.

Oregon statutory provisions pertaining to Oregon statutory provisions pertaining to community corrections are broad, primarily community corrections are broad, primarily addressing funding issues. addressing funding issues.

Community corrections are funded by the Community corrections are funded by the state through the Department of Corrections state through the Department of Corrections and by fees imposed on the participating and by fees imposed on the participating offender.offender.

OREGONOREGONParole and Probation ServicesParole and Probation Services Oregon has adopted a determinate Oregon has adopted a determinate

sentencing scheme; currently, there is only sentencing scheme; currently, there is only post-prison supervision and parole for pre-post-prison supervision and parole for pre-1995 offenses. 1995 offenses.

Supervision of parolees and probationers Supervision of parolees and probationers are carried out by the same local providers are carried out by the same local providers per statutory guidelines. per statutory guidelines.

Board of Parole and Post-Prison Supervision Board of Parole and Post-Prison Supervision retains the authority to determine who retains the authority to determine who makes parole and administers sanctions for makes parole and administers sanctions for violations.violations.

OREGONOREGONAlternatives to IncarcerationAlternatives to Incarceration Services include work centers, electronic Services include work centers, electronic

monitoring, house arrest programs, day monitoring, house arrest programs, day reporting, intensive or special supervision, reporting, intensive or special supervision, community service or work crew programs, community service or work crew programs, outpatient and residential substance abuse outpatient and residential substance abuse treatment, mental health services, treatment, mental health services, transitional services, education and transitional services, education and training classestraining classes

Sentencing guidelines permit discretionary Sentencing guidelines permit discretionary diversion to other programs based on diversion to other programs based on offense and criminal history.offense and criminal history.

In 2006, 17 counties received grants to In 2006, 17 counties received grants to establish or expand on drug court services.establish or expand on drug court services.

TENNESSEETENNESSEEOverview of Community CorrectionsOverview of Community Corrections The Board of Parole and Probation oversees all The Board of Parole and Probation oversees all

field services including probationers, parolees field services including probationers, parolees and community corrections participants. and community corrections participants.

This independent department includes 19 This independent department includes 19 different non-profit, human resources, different non-profit, human resources, residential program and county agencies. residential program and county agencies.

Statutory provisions delineate which offenders Statutory provisions delineate which offenders are eligible and what services are to be are eligible and what services are to be provided by the community corrections agency. provided by the community corrections agency.

The Board is funded directly by the state and by The Board is funded directly by the state and by fees imposed on the participating offenders. fees imposed on the participating offenders.

TENNESSEETENNESSEEParole and Probation ServicesParole and Probation Services Tennessee has a truth-in-sentencing Tennessee has a truth-in-sentencing

scheme where parole cannot be considered scheme where parole cannot be considered until the release eligibility date has been until the release eligibility date has been reached. reached.

Parole and probation services are combined Parole and probation services are combined and administered by the same agency.and administered by the same agency.

The Board of Parole and Probation The Board of Parole and Probation implements a community collaboration implements a community collaboration partnership to increase communication partnership to increase communication between law enforcement and the Board. between law enforcement and the Board.

TENNESSEETENNESSEEAlternatives to IncarcerationAlternatives to Incarceration Services include boot camp and Services include boot camp and

technical violation programs, community technical violation programs, community service or work project programs, service or work project programs, enhanced intensive probation, group enhanced intensive probation, group reporting, offender employment reporting, offender employment programs, treatment services and programs, treatment services and progressive interventions. progressive interventions.

Statutory provisions give detailed Statutory provisions give detailed guidelines on the types of community guidelines on the types of community corrections services to be offered by corrections services to be offered by each jurisdiction.each jurisdiction.

NEVADANEVADAOverview of Community CorrectionsOverview of Community Corrections The Department of Public Safety’s Division The Department of Public Safety’s Division

of Parole and Probation oversees the of Parole and Probation oversees the states community corrections services for states community corrections services for probationers and parolees. probationers and parolees.

Statutory provisions provide broad and Statutory provisions provide broad and fragmented provisions for community fragmented provisions for community corrections. Most programs were corrections. Most programs were developed without legislative action. developed without legislative action.

Community corrections are funded by the Community corrections are funded by the state through the Department of Public state through the Department of Public Safety and by fees imposed on the Safety and by fees imposed on the participating offender.participating offender.

NEVADANEVADAParole and Probation ServicesParole and Probation Services Nevada employs a truth-in-sentencing Nevada employs a truth-in-sentencing

model, utilizing mandatory-minimums. model, utilizing mandatory-minimums. There is currently no parole for post-1995 There is currently no parole for post-1995 convictions and offenders must serve convictions and offenders must serve 100% of their minimum sentence.100% of their minimum sentence.

Parole and probation have been combined Parole and probation have been combined since 1945. Services are combined for since 1945. Services are combined for parolees and probationers.parolees and probationers.

The Nevada Board of Parole The Nevada Board of Parole Commissioners is an independent agency Commissioners is an independent agency that retains the authority to decide which that retains the authority to decide which offenders are released on parole.offenders are released on parole.

NEVADANEVADAAlternatives to IncarcerationAlternatives to Incarceration Services include drug testing, mental Services include drug testing, mental

health services, employment programs health services, employment programs and educational placements.and educational placements.

Statutory provisions provide specific Statutory provisions provide specific guidelines concerning residential guidelines concerning residential confinement—including electronic confinement—including electronic monitoring—and re-entry programs. monitoring—and re-entry programs.

Services focus on assessing the risk level Services focus on assessing the risk level of an offender and allocating appropriate of an offender and allocating appropriate resources accordingly.resources accordingly.