By Paul McGorrery and Paul Schollum

When sentencing someone for criminal offending, courts can select from a number of possible sentencing orders, such as imprisonment, a drug and alcohol treatment order, a community correction order (CCO), a fine, an adjourned undertaking, or a dismissal with or without conviction. Courts can also often impose a combination of these sentencing orders if doing so would be appropriate in the circumstances of the case. The focus of this report is a particular combination of sentencing orders imposed in the same case: imprisonment with a CCO (a combined order). A CCO is a sentencing order that an offender serves in the community while subject to various mandatory conditions as well as at least one optional condition. When courts impose a combined order, the offender commences their CCO on release from prison. Aim and research questions The aim of this report is to present a statistical profile of combined orders of imprisonment with a CCO in the 9 calendar years from 2012 to 2020.

Melbourne: Sentencing Advisory Council (VIC), 2023. 28p.

By Public Safety Canada

Indigenous offenders continue to be disproportionately represented at all levels of the Canadian criminal justice system and the federal government is committed to addressing this over-representation of Indigenous people. The Indigenous Community Corrections Initiative (ICCI) was created to help close the gaps in service for Indigenous Peoples in the criminal justice system and address the government commitment to respond to the Truth and Reconciliation Commission (TRC) Calls to Action, in particular actions 30 and 32 regarding the over-representation of Indigenous offenders in custody. The objectives of the Initiative are to support the development of alternatives to custody and to provide reintegration support for Indigenous offenders. Public Safety Canada (PS) was allocated $10M over five years in Budget 2017 for the ICCI. While the target population for the Initiative was Indigenous federal offenders, the Department accepted proposals that included Indigenous adult offenders who had been convicted of an offence with a sentence of less than two years (generally classified as provincial offenders). The call for proposals closed in November 2017 and PS received 126 submissions. An initial assessment screened out 62 proposals that did not meet the objectives of the ICCI and a secondary assessment of the remaining proposals ended with 15 projects selected for funding. Due to the program being approved late in the 2017-18 fiscal year, the program was not able to fund projects until 2018-19. After a successful re-profiling of funds, the ICCI was able to add an additional project in 2018 which brought the total to 16 funded projects.

Ottawa: Public Safety Canada, 2021. 30p.

By M. Camello, M., R. Shute, & J.D. Ropero-Miller

Individuals on community supervision are often required to abstain from alcohol and drug use and are typically subjected to substance use monitoring to verify sobriety, as a condition of their supervision. Providing reliable, timely, and cost- effective monitoring of alcohol and drug use for persons on community supervision as a condition of their release is a serious challenge given high-volume caseloads and concerns with public safety. This technology brief highlights technologies and solutions used to monitor alcohol and drug use for persons on community supervision. This is the third document in a four-part series on technologies to support the monitoring and supervision of individuals on pretrial release, probation, and parole (i.e., community supervision).

Research Triangle Park, NC: RTI International. 2023. 22p.

By Sara Rahman

LCM is a multiagency approach to offender management where the Department of Communities and Justice, the NSW Police Force and NSW Health work in partnership to provide tailored case management and wraparound support to offenders under Community Corrections supervision. This support may include referrals to housing services, disability services, health and mental health services, drug and alcohol services, victim services, and relationship services in addition to any rehabilitation programs.
We study whether LCM is associated with changes in four outcomes: any reoffending, serious drug, violent, and property reoffending, domestic violence reoffending, and return to custody, each within 12 months of referral.
To do this, we compare reoffending rates of LCM offenders with reoffending rates of a matched control group.
We supplemented this analysis with an event study analysis comparing offending before and after referral to LCM versus a matched group with similar community order start dates.
Crime and Justice Bulletin No. CJB257

Sydney: NSW Bureau of Crime Statistics and Research, 2023. 37p.

By Molly Robustelli; Colby Dawley; Molly Buchanan.; Carrie Chapman; Maura McNamara; Amanda Coscia; and Christian Schiavone

Across the United States, the majority of people under correctional supervision serve their sentence on probation or parole. As of 2020, data show that while just under 2 million people are incarcerated in either prison or jail, about 3.9 million individuals are on probation or parole.1 Of the 1.8 million individuals who exit probation or parole annually, almost half do not successfully complete supervision. Of those who do not complete their supervision, 211,000 will return to prison or jail.2 This has made revocation from probation or parole a leading driver of incarceration in the United States.3 Florida has one of the largest community supervision populations in the country. By the end of 2020, the state had 183,900 individuals on community supervision. Florida ranks fifth highest in the nation for its probation population in the same period, while the state’s parole population is ranked 32nd highest at just over 4,000 individuals. 4 The impact of revocations on the state’s prison population is significant. Florida corrections leaders recognize this challenge and have been working to identify and implement strategies that reduce revocations from community supervision. Despite previous reform efforts, thousands of individuals continue to enter Florida’s prisons due to a revocation of community supervision.5 In January of 2019, the Florida Department of Corrections requested assistance from the Crime and Justice Institute (CJI) in analyzing the factors driving revocation trends in an effort to reduce revocations and recidivism while strengthening community supervision practices. Over 18 months, CJI assessed Florida’s community supervision system, analyzing individual-level and case-level data, reviewing the administrative and legal frameworks governing community supervision, conducting focus group interviews with stakeholders across the state, and disseminating a survey to understand practices on the ground. Through this assessment, CJI found that: • Florida’s revocation rate has consistently hovered near 48 percent since 2012; • Among all revocations from 2010 to 2019, 57 percent were due to technical violations; • Revocation rates are highest for those on three types of supervision: community control, drug offender probation, and felony probation; • Six of the top 10 violations linked to revocations in 2019 were for technical violations; • Nearly one in three revocations resulted in state prison time, but the use of jail has increased over the past decade; • There have been efforts to implement an alternative approach to responding to violations, but responses vary by judicial circuit, limiting the effectiveness and equitable use of these practices; and • A number of barriers impacted individuals’ success on supervision, including limited resources in the community to respond to the needs of individuals on community supervision and a misalignment between the conditions ordered and the areas that should be targeted to reduce recidivism. Based on these findings, CJI identified 14 potential opportunities to safely reduce revocations and improve community supervision outcomes in Florida. These opportunities fall into three overarching goals, which include, addressing barriers to success, focusing resources on the highest-risk population, and ensuring sustainability of evidence-based practices.

Boston: Crime and Justice Institute, 2022. 39p.

By Robin Olsen, Ammar Khalid, Ashlin Oglesby-Neal, Tessa Upin

Many states have enacted comprehensive justice system reforms to reduce the use of incarceration and community supervision with the aim of focusing resources on people at higher risk of reoffending and investing in strategies to achieve better outcomes for people and communities. In 2015, Nebraska and Utah passed legislation to create a structured approach for responding to supervision violations. This included the use of time-limited incarceration stays that are shorter than full revocations of supervision. We conducted interviews with stakeholders and analyzed administrative data in both states to examine the implementation and effects of the reform to community supervision incarceration responses. Our analysis found that violation responses have changed in both states, moving from revocations or other prereform incarceration sanctions toward structured, short jail stays or incarceration caps. Additionally, while overall incarceration stays associated with supervision violations increased in both states after the reforms, the number of full revocations from felony probation decreased in Nebraska and the proportion of violations that received an incarceration response decreased in Utah. The analysis also showed that successful completions for both states’ supervision systems either increased immediately after reforms were implemented or increased after a brief decrease. However, the analysis found that the use of time-limited incarceration responses did not make successful supervision completion more likely for particular cases in Nebraska, and in Utah, cases that received time-limited incarceration responses had higher recidivism rates than similar cases that did not. This brief offers recommendations that Nebraska, Utah, and other jurisdictions considering similar policies can consider to build on these pieces of legislation, including closely tracking both system-level and individual outcome metrics, establishing policies and practices that meet the goals of their approaches to supervision violation responses, and limiting the overall use of incarceration because of its potential criminogenic impact.

Washington, DC: Urban Institute, 2022. 53p.

By Justin Helepololei

This dissertation draws on ethnographic research conducted with prison abolitionists and criminal justice reform activists in Western Massachusetts - a context in which the sheriffs who operate county jails see themselves as reformers. I use the concept of a “progressive jail assemblage” to analyze the varied actors and logics that sustain incarceration locally, focusing especially on the use of care discourses and practices. I consider how progressive jailing puts prison abolitionists in the position of being against some forms of care. At the same time, abolitionists have put forth competing notions of care, ones they see as building a world in which prisons and jails would not exist. Informed by interviews with formerly incarcerated organizers who navigate this assemblage, I argue that both tendencies have the potential to reinforce the hierarchies that sustain incarceration, but they also have the potential to create openings for undoing the world as it exists.

Amherst, MA: University of Massachusetts, 2023. 265p.

By Jessica Reichert  

The use of drug testing is pervasive in community supervision requiring probationers to regularly submit to urine drug testing. Positive drug tests may result in sanctions, technical violations, probation revocations, and even prison sentences. However, experts in addiction medicine recommend testing be used to support recovery rather than to exact punishment. This article reviews the literature on drug testing offering information on efficacy, best practices, and limitations. Recommendations for drug testing include improved communication between probation officers and treatment providers and clients, as well as utilizing specialized probation.
Chicago: Illinois Criminal Justice Information Authority 2022. 11p.