Public Defense

Probation reform considered

By Gideon

One of the most interesting bills being debated today is H.B. 5877, which is a product of the Sentencing Task Force. The bill would change probation terms (which now max out at 5 years for all felonies) to 5 years for a B felony, 3 years for a C & D felony, 2 years for an A misdemeanor and 1 year for a B misdemeanor.

Further, under the new bill, the probation officer will submit a report to the Court at least 60 days prior to the expiration of the 2nd year of probation, chronicling whether the probationer has complied with the terms of probation, his progress on probation and whether to terminate the probation at the end of two years or continue it for the remainder of the term.

This is a result of nationwide studies that conclude that most recidivism occurs in the first 18 months of probation. So, in essence, if they’re going to violate, it’s most likely to happen in that period. After that, the rate of recidivism drastically drops off. To continue probation at that point eats up resources and sets up probationers to fail.

This is a very interesting idea that has the support of probation and the judiciary. It provides enough incentive to probationers to start working at going on the straight and narrow early on in their probationary period.

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Full post as published by A Public Defender on March 12, 2008 (boomark / email).