UTILIZACIÓN DE MEDIOS NO CONCERTADOS 1 NORMA GENERAL.

In recent years, many states aiming to reduce their prison population and attendant costs have enacted laws that direct a growing number of people into community supervision instead of incarceration.37 _{They have also created opportunities for those}

in prison to move more quickly to post-release supervision.38

Yet, many people on community supervision—whether on probation or parole— end up having their community sentence revoked. Revocations from probation and parole comprise half of jail admissions and one-third of prison admissions.39

A number of these revocations are for technical violations—non-compliance with the terms of supervision such as failing a drug test, missing a meeting with the probation or parole officer, violating curfew, or using alcohol. But as the trend toward community-based solutions grows, lawmakers are seeking to ensure that noncustodial interventions and supervision practices better reflect what research has shown are effective methods for increasing a person’s success within the com- munity and reducing the risk of reoffending.40

In particular, states have sought to reduce the number of people admitted to prison for technical violations by instituting better training for probation or parole officers, implementing evidence-based practices and policies, and using less costly and more effective ways to respond to violations when they do occur.41 _{For ex-}

ample, many states in 2014 and 2015 adopted systems of graduated responses—a continuum of sanctions for noncompliance and rewards for compliance—which has been shown to increase compliance and improve outcomes, while decreasing a reliance on incarceration.42 _{The sanctions may include reprimands, curfews, travel}

restrictions, increased reporting requirements, drug testing, program interventions, or short jail stays that provide supervising agencies with a wide set of responses short of revocation to prison. The array of responses can be tailored to the violation while swiftly addressing the reasons behind it. Rewards, meanwhile, may include reduced reporting requirements, earned discharge credits against supervision terms, and other privileges.

Furthermore, because the longer people remain on community supervision the greater the risk of violations and potential revocation, some states are also expand- ing opportunities for people who comply with the terms of their supervision and/ or who participate in treatment, vocational, or educational programs to earn credits that reduce their time on supervision. By providing a way for those on supervision to shorten their supervision terms, eligible people are given an incentive to comply with conditions and are less likely to violate, thereby reducing their exposure to the risk of reincarceration. This approach also allows states to redirect resources to the people at highest risk of violating supervision or reoffending.43 _{Another approach, adopted by}

North Dakota, is to shorten probation and parole sentences on the front end.

>Colorado SB 124 (2015) requires parole officers to impose intermediate sanctions

for technical violations of parole. Only once the use of such remedies is exhaust- ed can parole officers file a revocation petition in response to a violation.

>Idaho SB 1357 (2014) requires the Board of Correction to supervise people on

parole and probation based on their risk levels. To do so, the board must use a validated risk and needs assessment tool, and develop and use a system of graduated sanctions for violations and incentives for compliance.44 >Illinois SB 3267 (2014) allows courts to grant earned compliance credits to

nonviolent offenders on probation who achieve certain educational goals: a GED grants 90 days credit, an associate’s degree or education certificate grants 120 days’ credit, and a bachelor’s degree grants 180 days’ credit.

>Indiana HB 1140 (2014) requires the establishment of graduated incentives

and sanctions for people on parole and sets new guidelines for respond- ing to new felony offenses by those on parole supervision. If someone on parole supervision commits a new Level 1 or Level 2 felony (the most seri- ous felonies under the state criminal code), the Parole Board is required to revoke parole. In response to any other felony offense, the board can decide whether to revoke parole.

>Louisiana HB 1257 (2014) outlines new procedures for modifying condi-

tions of, or discharging offenders early from, probation. According to the new law, probation may be terminated after one year for felonies, or at any time for misdemeanors, if the state does not oppose termination. A court may impose additional conditions of probation at any time, without the approval of the state.

>Nebraska LB 907 (2014) empowers a parole officer to impose administra-

tive sanctions in response to substance abuse or technical parole violations, including increased supervision, increased substance abuse testing, travel restrictions, and counseling.

>North Dakota HB 1367 (2015) sets a cap on probation terms. Terms now

range from three to five years for felonies and one to two years for a Class A or B misdemeanor. Longer probation terms may be imposed after a viola- tion occurs: up to 10 years for the most serious felonies and up to three years for misdemeanors. The law also allows for short-term jail sanctions to respond to community supervision violations (in lieu of a revocation).