When asking a sentencing court to terminate a defendant’s supervision early, scoring points with objective facts is important. Many judges don’t see early termination as routine, and only grant these requests in rare cases.
What can you do to change their mind? In part, convince judges that keeping you on supervision is expensive and dangerous. Sound impossible? Read on…
Protect the Public – Early Termination of Supervised Release
The Administrative Office of the U.S. Courts publishes the Federal Probation Journal three times a year. In the Fall of 20013, the Journal posted findings of a study comparing those on probation versus those on supervised release. It also compared those who were terminated early from supervised release to those who went full term. The results were pretty startling.
The article gets started this way:
UNDER 18 U.S.C. §§ 3564(c) and 3583(e)(1), the court may terminate terms of probation in misdemeanor cases at any time and terms of supervised release or probation in felony cases after the expiration of one year of supervision, if satisfied that such action is warranted by the conduct of an offender and is in the interest of justice. As such, early termination is a practice that holds promise as a positive incentive for persons under supervision and as a measure to contain costs in the judiciary without compromising the mission of public safety.
Those released early from supervision (regardless if that supervision was probation or supervised release) had half the re-arrest rate in the years after their early termination than those with natural expiration.
…almost 15 percent (14.7) of all cases in the study cohort had a new arrest and offenders who served their entire supervision term had a rate nearly twice that of the offenders who received early termination (19.2 percent to 10.2 percent, respectively). Similarly, the rearrest rates for both study groups for major offenses only were tabulated (see Table 6). When minor offenses are excluded, the recidivism rates for both early-term and full-term offenders are considerably lower, but the proportion of rearrests between the two groups is consistent. Only 5.9 percent of early-term offenders were rearrested for a major offense following their release from supervision compared to 12.2 percent of full-term offenders.
This isn’t a magic bullet, but it certainly furthers any argument toward gaining release from federal oversight.
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