1. Community Supervision and Alternative Sanctions Comparisons Barb Tombs July 16, 2007 Presentation to the CT Sentencing Task Force Subcommittees

2. Community Supervision & Alternative Sanctions Overview of community corrections Overview of community corrections Relationship and overlap of probation and parole Relationship and overlap of probation and parole Incarceration alternatives for appropriate offenses Incarceration alternatives for appropriate offenses Examples from: Examples from: Consolidated States: Delaware, North Carolina and Washington Not Consolidated States: Oregon and Kansas Not Consolidated States: Oregon and Kansas Consolidated into an Autonomous Department: Nevada and Tennessee Consolidated into an Autonomous Department: Nevada and Tennessee

3. Delaware Overview of Department of Corrections Executive branch department Executive branch department Consolidation of field services took place in 1984 Consolidation of field services took place in 1984 No regional, county or municipal correction or jail system and no separate probation system No regional, county or municipal correction or jail system and no separate probation system Offenders immediately become the responsibility of the state: pre-trial and sentenced, misdemeanor and felony, jail and prison and all community-based sanctions Offenders immediately become the responsibility of the state: pre-trial and sentenced, misdemeanor and felony, jail and prison and all community-based sanctions Sentencing Accountability Commission (SENTAC) has five sentencing options Sentencing Accountability Commission (SENTAC) has five sentencing options

4. Delaware Incarceration Alternatives Sentencing Alternatives Commission (SENTAC) has five options: Level I Administrative Supervision: First time offenders who pose little risk at re-offending in the future. Pay fine, make restitution or attend a first offender program. Level I Administrative Supervision: First time offenders who pose little risk at re-offending in the future. Pay fine, make restitution or attend a first offender program. Level II Field Supervision: Must meet with probation officer on a regular schedule to comply with contact (One to 50 hours/month). Level II Field Supervision: Must meet with probation officer on a regular schedule to comply with contact (One to 50 hours/month). Level III Intensive Supervision: Consisting of 8 or more hours of supervision/week. May include day reporting, curfews and program attendance monitoring. Case load of 25 per/officer. Level III Intensive Supervision: Consisting of 8 or more hours of supervision/week. May include day reporting, curfews and program attendance monitoring. Case load of 25 per/officer. Level IV Quasi-Incarceration: Nine or more hours/day of supervision including: halfway house, electronic home confinement, residential drug treatment. May have day reporting requirement. Level IV Quasi-Incarceration: Nine or more hours/day of supervision including: halfway house, electronic home confinement, residential drug treatment. May have day reporting requirement. Level V Full Incarceration: Jail for those serving less than one year and prison describes those offenders serving more than one year. Both serve time in same facilities. Level V Full Incarceration: Jail for those serving less than one year and prison describes those offenders serving more than one year. Both serve time in same facilities.

5. Delaware Bureau of Community Corrections (BOCC) Probation and Parole are functions of BOCC which is entirely a state function Probation and Parole are functions of BOCC which is entirely a state function Parole abolished under Truth in Sentencing Act of 1989 Parole abolished under Truth in Sentencing Act of 1989 No county based structure No county based structure Cut across SENTAC Levels I-IV Cut across SENTAC Levels I-IV I: Administrative Supervision II: Field Supervision III: Intensive Supervision IV: Quasi-Incarceration V: Incarceration

6. Delaware Relationship of Probation and Parole Combined under Adult Probation and Parole Division Combined 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 and probationers Probation/Parole officers (PPO) supervise parolees and probationers Approximately 20,000 probationers and 600 parolees (As of 2004, 293 inmates were incarcerated who are eligible for parole) Approximately 20,000 probationers and 600 parolees (As of 2004, 293 inmates were incarcerated who are eligible for parole) Maximum probationary sentences: Maximum probationary sentences: Violent felonies 24 months Violent felonies 24 months Title 16 felonies 18 months Title 16 felonies 18 months All other offense 1 year All other offense 1 year

7. North Carolina Overview of Department of Corrections Divided into three major operational sections: Division of Prisons, Division of Alcohol and Chemical Dependency and the Division of Adult Probation and Parole Divided into three major operational sections: Division of Prisons, Division of Alcohol and Chemical Dependency and the Division of Adult Probation and Parole Parole was abolished as a result of the Structured Sentencing Act of 1994 Parole was abolished as a result of the Structured Sentencing Act of 1994 Parole and probation consolidated under the Division of Community Corrections Parole and probation consolidated under the Division of Community Corrections

8. North Carolina Division of Community Corrections (DCC) Responsible for supervision of all adult offenders on probation, parole and post-release supervision Responsible for supervision of all adult offenders on probation, parole and post-release supervision Oversees “Community Service Work Program” Oversees “Community Service Work Program” State and local governments share funding responsibilities State and local governments share funding responsibilities State-County Criminal Justice Partnership Act State-County Criminal Justice Partnership Act Three classifications of adult offenders: active, intermediate and community Three classifications of adult offenders: active, intermediate and community Intermediate and community offenders are the responsibility of DCC Intermediate and community offenders are the responsibility of DCC

9. North Carolina Incarceration Alternatives Active, intermediate and community offenders Active: jail or prison Active: jail or prison Intermediate: intensive supervision, probation, special probation Intermediate: intensive supervision, probation, special probation Must include one or more special conditions: boot camp, a split sentence (jail followed by supervision), house arrest with electronic monitoring, a residential center and day reporting center Must include one or more special conditions: boot camp, a split sentence (jail followed by supervision), house arrest with electronic monitoring, a residential center and day reporting center Community: thought of as basic probation supervised or unsupervised Community: thought of as basic probation supervised or unsupervised May also include community service, fines and restitution May also include community service, fines and restitution Sentence breakdown: community 22%, intermediate 43%, active 35% Sentence breakdown: community 22%, intermediate 43%, active 35% Type of sentence determined by structured sentencing grid Type of sentence determined by structured sentencing grid Two factors considered: severity of offense and prior criminal history Two factors considered: severity of offense and prior criminal history

10. North Carolina Relationship of Probation and Parole Structured sentencing caused probation and parole merge Structured sentencing caused probation and parole merge Structured sentencing created post-release supervision Structured sentencing created post-release supervision Probation/Parole Officers (PPO) supervise offenders on probation, parole and post-release supervision Probation/Parole Officers (PPO) supervise offenders on probation, parole and post-release supervision Merged offices Merged offices Majority of community corrections are probationers Majority of community corrections are probationers Probation 89.1%, Parole 1.6%, Post-Release 1.5% and Unsupervised 7.8% Probation 89.1%, Parole 1.6%, Post-Release 1.5% and Unsupervised 7.8%

11. Washington Overview of Department of Corrections Sentencing Reform Act of 1981 eliminated indeterminate sentencing and parole (went into effect in 1984) Sentencing Reform Act of 1981 eliminated indeterminate sentencing and parole (went into effect in 1984) Sentencing commission created felony sentencing grid Sentencing commission created felony sentencing grid Indeterminate Sentencing Review Board (ISRB) created for felons sentenced before 1984 Indeterminate Sentencing Review Board (ISRB) created for felons sentenced before 1984

12. Washington Community Corrections Division Offenders serving jail time and prison time may be required to remain under community supervision after their release Offenders serving jail time and prison time may be required to remain under community supervision after their release Responsible for offenders in the community who have been released from prison or who are ordered to be supervised by a court of law (probation or alternative to incarceration) Responsible for offenders in the community who have been released from prison or who are ordered to be supervised by a court of law (probation or alternative to incarceration) Parole and probation fall under Community Corrections Parole and probation fall under Community Corrections

13. Washington Relationship of Parole and Probation Parole abolished under Sentencing Reform Act (SRA) Parole abolished under Sentencing Reform Act (SRA) Parolees (released before the SRA) and probationers are under supervision in the community by a Community Corrections Officer (CCO) of the DOC Parolees (released before the SRA) and probationers are under supervision in the community by a Community Corrections Officer (CCO) of the DOC Parole and probation consolidated under the Community Corrections Division Parole and probation consolidated under the Community Corrections Division

14. Washington Incarceration Alternatives First-time offender waiver First-time offender waiver Work crew, work release, home detention and work ethic camp Work crew, work release, home detention and work ethic camp Special Sex Offender Sentencing Alternative (SSOSA) Special Sex Offender Sentencing Alternative (SSOSA) Drug Offender Sentencing Alternative (DOSA) Drug Offender Sentencing Alternative (DOSA)

15. KANSAS Overview of Community Corrections Community corrections are administered by local county jurisdictions under the authority of the Department of Corrections. Community corrections are administered by local county jurisdictions under the authority of the Department of Corrections. Services provided by each locality vary widely. Services provided by each locality vary widely. Kansas statutory provisions delineate how grants are awarded, the services to be provided and the placement of applicable offenders. Kansas statutory provisions delineate how grants are awarded, the services to be provided and the placement of applicable offenders. Community Corrections are funded by the state through the Department of Corrections and by fees imposed on the participating offender. Community Corrections are funded by the state through the Department of Corrections and by fees imposed on the participating offender.

16. KANSAS Probation and Parole Services Sentencing guidelines enacted in 1993 abolished parole; currently there is only post-release supervision. Sentencing guidelines enacted in 1993 abolished parole; currently there is only post-release supervision. Parole and probation are administered separately with the exception of the Northwest Kansas Community Corrections Division which oversees all services in that region. Parole and probation are administered separately with the exception of the Northwest Kansas Community Corrections Division which oversees all services in that region. Parole and probation provide similar services such as treatment programs, electronic monitoring and day reporting centers. Parole and probation provide similar services such as treatment programs, electronic monitoring and day reporting centers.

17. KANSAS Alternatives to Incarceration Services include boot camp and house arrest programs, alcohol/drug treatment, education and training programs, intensive supervision programs, electronic monitoring and drug courts. Services include boot camp and house arrest programs, alcohol/drug treatment, education and training programs, intensive supervision programs, electronic monitoring and drug courts. Statutory language specifically articulates which offenders and offenses are appropriate for non- incarceration community supervision. Statutory language specifically articulates which offenders and offenses are appropriate for non- incarceration community supervision. Eligible offenders include those with up to 2 or more misdemeanors or up to 1-person felony/1 non-person felony. Eligible offenders include those with up to 2 or more misdemeanors or up to 1-person felony/1 non-person felony. Eligible offenses include up to severity level 6 (on a scale of 1 to 10). Eligible offenses include up to severity level 6 (on a scale of 1 to 10).

18. ORGEON Overview of Community Corrections Community corrections are administered by the Department of Corrections but run by local jurisdictions. Community corrections are administered by the Department of Corrections but run by local jurisdictions. Local jurisdictions supervise those on parole, post-prison supervision and probation. Services provided by each locality vary widely. Local jurisdictions supervise those on parole, post-prison supervision and probation. Services provided by each locality vary widely. Oregon statutory provisions pertaining to community corrections are broad, primarily addressing funding issues. Oregon statutory provisions pertaining to community corrections are broad, primarily addressing funding issues. Community corrections are funded by the state through the Department of Corrections and by fees imposed on the participating offender. Community corrections are funded by the state through the Department of Corrections and by fees imposed on the participating offender.

19. OREGON Parole and Probation Services Oregon has adopted a determinate sentencing scheme; currently, there is only post-prison supervision and parole for pre-1995 offenses. Oregon has adopted a determinate sentencing scheme; currently, there is only post-prison supervision and parole for pre-1995 offenses. Supervision of parolees and probationers are carried out by the same local providers per statutory guidelines. Supervision of parolees and probationers are carried out by the same local providers per statutory guidelines. Board of Parole and Post-Prison Supervision retains the authority to determine who makes parole and administers sanctions for violations. Board of Parole and Post-Prison Supervision retains the authority to determine who makes parole and administers sanctions for violations.

20. OREGON Alternatives to Incarceration Services include work centers, electronic monitoring, house arrest programs, day reporting, intensive or special supervision, community service or work crew programs, outpatient and residential substance abuse treatment, mental health services, transitional services, education and training classes Services include work centers, electronic monitoring, house arrest programs, day reporting, intensive or special supervision, community service or work crew programs, outpatient and residential substance abuse treatment, mental health services, transitional services, education and training classes Sentencing guidelines permit discretionary diversion to other programs based on offense and criminal history. Sentencing guidelines permit discretionary diversion to other programs based on offense and criminal history. In 2006, 17 counties received grants to establish or expand on drug court services. In 2006, 17 counties received grants to establish or expand on drug court services.

21. TENNESSEE Overview of Community Corrections The Board of Parole and Probation oversees all field services including probationers, parolees and community corrections participants. The Board of Parole and Probation oversees all field services including probationers, parolees and community corrections participants. This independent department includes 19 different non-profit, human resources, residential program and county agencies. This independent department includes 19 different non-profit, human resources, residential program and county agencies. Statutory provisions delineate which offenders are eligible and what services are to be provided by the community corrections agency. Statutory provisions delineate which offenders are eligible and what services are to be provided by the community corrections agency. The Board is funded directly by the state and by fees imposed on the participating offenders. The Board is funded directly by the state and by fees imposed on the participating offenders.

22. TENNESSEE Parole and Probation Services Tennessee has a truth-in-sentencing scheme where parole cannot be considered until the release eligibility date has been reached. Tennessee has a truth-in-sentencing scheme where parole cannot be considered until the release eligibility date has been reached. Parole and probation services are combined and administered by the same agency. Parole and probation services are combined and administered by the same agency. The Board of Parole and Probation implements a community collaboration partnership to increase communication between law enforcement and the Board. The Board of Parole and Probation implements a community collaboration partnership to increase communication between law enforcement and the Board.

23. TENNESSEE Alternatives to Incarceration Services include boot camp and technical violation programs, community service or work project programs, enhanced intensive probation, group reporting, offender employment programs, treatment services and progressive interventions. Services include boot camp and technical violation programs, community service or work project programs, enhanced intensive probation, group reporting, offender employment programs, treatment services and progressive interventions. Statutory provisions give detailed guidelines on the types of community corrections services to be offered by each jurisdiction. Statutory provisions give detailed guidelines on the types of community corrections services to be offered by each jurisdiction.

24. NEVADA Overview of Community Corrections The Department of Public Safety’s Division of Parole and Probation oversees the states community corrections services for probationers and parolees. The Department of Public Safety’s Division of Parole and Probation oversees the states community corrections services for probationers and parolees. Statutory provisions provide broad and fragmented provisions for community corrections. Most programs were developed without legislative action. Statutory provisions provide broad and fragmented provisions for community corrections. Most programs were developed without legislative action. Community corrections are funded by the state through the Department of Public Safety and by fees imposed on the participating offender. Community corrections are funded by the state through the Department of Public Safety and by fees imposed on the participating offender.

25. NEVADA Parole and Probation Services Nevada employs a truth-in-sentencing model, utilizing mandatory-minimums. There is currently no parole for post-1995 convictions and offenders must serve 100% of their minimum sentence. Nevada employs a truth-in-sentencing model, utilizing mandatory-minimums. There is currently no parole for post-1995 convictions and offenders must serve 100% of their minimum sentence. Parole and probation have been combined since 1945. Services are combined for parolees and probationers. Parole and probation have been combined since 1945. Services are combined for parolees and probationers. The Nevada Board of Parole Commissioners is an independent agency that retains the authority to decide which offenders are released on parole. The Nevada Board of Parole Commissioners is an independent agency that retains the authority to decide which offenders are released on parole.

26. NEVADA Alternatives to Incarceration Services include drug testing, mental health services, employment programs and educational placements. Services include drug testing, mental health services, employment programs and educational placements. Statutory provisions provide specific guidelines concerning residential confinement—including electronic monitoring—and re-entry programs. Statutory provisions provide specific guidelines concerning residential confinement—including electronic monitoring—and re-entry programs. Services focus on assessing the risk level of an offender and allocating appropriate resources accordingly. Services focus on assessing the risk level of an offender and allocating appropriate resources accordingly.