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Profiles in Probation Revocation: Examining the Legal Framework in 21 States

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Profiles in Probation Revocation: Examining the Legal Framework in 21 States PROFILES IN PROBATION REVOcaTION: Examining the Legal Framework in 21 States A publication by the Robina Institute of Criminal Law and Criminal Justice Volume 1 in the Probation Revocation Project Series ROBINA I NSTITUTE OF C RIMINAL L AW AND C RIMINAL JUSTICE UNIVERSITY OF MINNESOTA LAW SCHOOL ROBINA INSTITUTE: PROFILES IN PROBATION / Minnesota PROFILES IN PROBATION REVOcaTION: Examining the Legal Framework in 21 States A publication by the Robina Institute of Criminal Law and Criminal Justice Volume 1 in the Probation Revocation Project Series This publication was produced by law students, faculty, and staff of the University of Minnesota Law School’s Robina Institute of Criminal Law and Criminal Justice. Thank you to all who contributed to the first publication of the Probation Revocation Project. Authors: Kelly Lyn Mitchell; Kevin R. Reitz; Alexis Watts; and Catherine A. Ellis Researchers: Gauri Samant; Ethan Scrivner; Carla Virlee; and Shuangqi (Joy) Wang Cite checks: Catherine A. Ellis; Shuangqi (Joy) Wang; and Alexis Watts Editors: Kelly Lyn Mitchell and Kevin R. Reitz Probation Revocation Project Director: Ronald Corbett, Jr. Editorial Assistance: Catherine A. Ellis; Brian Reilly; Ebony Ruhland; Alexis Watts; and Monica Wittstock Contributors: Ronald Corbett, Jr.; Rhys Hester; and Cecelia Klingele Production Manager: Monica Wittstock Graphic Designer: Sysouk Khambounmy © 2014 Regents of the University of Minnesota. All Rights Reserved. TABLE OF CONTENTS About the Robina Institute and the Probation Revocation Project .......................................................................2 Introduction ........................................................................................................................................................................................3 Profiles in Probation Revocation Alabama .........................................................................................................................................................................10 Arizona ............................................................................................................................................................................14 California ........................................................................................................................................................................18 Colorado ........................................................................................................................................................................22 Florida .............................................................................................................................................................................26 Indiana ............................................................................................................................................................................30 Iowa ..................................................................................................................................................................................34 Maine ...............................................................................................................................................................................38 Massachusetts ............................................................................................................................................................42 Minnesota .....................................................................................................................................................................46 Mississippi .....................................................................................................................................................................50 Missouri ..........................................................................................................................................................................54 New York ........................................................................................................................................................................58 North Carolina .............................................................................................................................................................62 Ohio ..................................................................................................................................................................................66 Oregon ............................................................................................................................................................................70 Pennsylvania ...............................................................................................................................................................74 Texas ................................................................................................................................................................................78 Utah ..................................................................................................................................................................................82 Washington ..................................................................................................................................................................86 Wisconsin ......................................................................................................................................................................90 Model Penal Code .......................................................................................................................................................................94 Probation Revocation Project Mission Statement ......................................................................................................99 Probation Revocation Project Advisory Board & Team Members ...................................................................100 What’s Next for the Probation Revocation Project? ................................................................................................101 ROBINA INSTITUTE: PROFILES IN PROBATION / Minnesota 2 ROBINA I NSTITUTE OF C RIMINAL L AW AND C RIMINAL JUSTICE ABOUT The Robina Institute of CriminalUNI LawVER andSITY Criminal OF MINN JusticeESOT bringsA LAW legal SC Heducation,OOL legal and sociological research, theory, policy, and practice together to solve common problems in the field of criminal justice. Through this work, we initiate and support coordinated research and policy analysis and partner with multiple local and state jurisdictions from across the nation to provide recommendations and build links between researchers, practitioners, lawmakers, governing authorities, and the public. The Robina Institute’s focus is to build these connections through three program areas: Criminal Justice Policy, Criminal Law Theory, and Sentencing Law and Policy. The emphasis in all three areas is on new ways of conceptualizing criminal law and its roles, and new ways of thinking about responses to crime. The Robina Institute is currently working on several research projects, including four in the Sentencing Law and Policy Program Area that take a close look at issues states and jurisdictions face in sentencing policy and guidelines: the Probation Revocation Project; the Parole Release and Revocation Project; the Criminal History Project; and the Sentencing Guidelines Repository Project. The Robina Institute of Criminal Law and Criminal Justice was established in 2011 at the University of Minnesota Law School thanks to a generous gift from the Robina Foundation. Created by James H. Binger (’41), the Robina Foundation provides funding to major institutions that generate transformative ideas and promising approaches to addressing critical social issues. The Probation Revocation Project The Probation Revocation Project explores probation revocation in the United States, particularly in the context of the growing debate about the appropriate use of incarceration in a just and effective criminal justice system. This project includes a number of phases, such as the profiling of the legal context surrounding revocation in twenty-one states and the model penal code, the development of statistical and ethnographic profiles of existing practice in a sample of jurisdictions, and the undertaking of experiments in newly-designed approaches to probation violations in jurisdictions interested in reform. This work will culminate in the issuance of a series of publications aimed at rethinking and reconfiguring probation revocation practice. Learn more at robinainstitute.org ROBINA INSTITUTE: PROFILES IN PROBATION / table OF CONTENTS 3 INTRO PROFILES IN PROBATION REVOCATION: Examining the Legal Framework in 21 States D U 1 Ronald P. Corbett, Jr. and Kevin R. Reitz C TION Introduction I. Why Probation Revocation Matters This report compiles—in a convenient format—the results Simply put, probation revocation is where probation policy of a yearlong research project on the laws relating to meets prison policy. Every aspect of the Robina Institute’s probation revocation in 21 American states.2 By leafing Probation Revocation Project has unfolded against the through the four-page “legal profiles” presented in this backdrop of “mass incarceration” in America.4 The U.S. volume, readers can easily see how much variation exists incarceration rate,
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