Five Evidence-Based Policies Can Improve Community Supervision

Limit probation terms. Many people spend years, even decades, under supervision, but some states have established caps on the amount of time a person can be sentenced to probation. Although many states have statutory limits, or caps, on the length of probation terms, many also allow extensions. Research shows that the highest rate of reoffending occurs within the first few months of supervision. And, when terms are too long for an individual’s circumstances, they can have diminishing returns, create needless financial burdens for people on supervision, and waste resources.
Provide earned compliance credits. The ability to earn time off of their probation sentences is a substantial motivator for people on supervision: Research shows that incentives are more effective at encouraging compliance than the threat of sanctions. Earned compliance credits are a highly effective incentive that awards time off of probation for adhering to the rules. By enabling lower-risk, compliant individuals to end supervision sooner, probation agencies can prioritize their limited resources on the smaller number of people who are higher-risk or noncompliant.
Limit incarceration before a violation hearing. Individuals charged with violating the rules of their probation may be held in prison or jail pending a hearing, often for days or weeks. Many states have reduced the circumstances under which they confine individuals accused of technical violations—noncompliance with one or more supervision rules, generally noncriminal acts (e.g., missing an appointment or having a positive drug test)—opting instead for less harsh penalties that allow people to remain in the community or minimize the time spent incarcerated while their case is being resolved.
Limit incarceration for revocations based on technical violations. Revocation is a sanction for violations of supervision and can include prison or jail time. States are increasingly recognizing that incarcerating individuals for technical violations provides little public safety benefit and negatively affects people, regardless of the length of the incarceration.
Prohibit driver’s license suspension for inability to pay fines and fees. Research shows that using license suspension as punishment for failure to pay fines and fees disproportionately affects poor people and people of color and can interfere with people’s ability to comply with the terms of supervision, such as maintaining employment. This restriction has been shown to negatively affect successful completion of probation terms, leading to increased recidivism and other negative consequences.