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MODEL LEGISLATION
ALEC INITIATIVES
PUBLICATIONS

Model Legislation

Public Safety and Elections

Swift and Certain Sanctions Act

Summary

Did you know the
NRA--the National
Rifle Association-was the corporate
co-chair in 2011?

For states to deliver swift, certain and proportionate responses to violations of
probation and parole, they need an array of institutional and community-based
sanctions as well as the authority to assign-and reassign-offenders to those
sanctions. This Act requires community corrections agencies to adopt a set of
graduated sanctions and rewards to respond to violations and compliance with the
conditions of supervision. This Act also establishes authority for agencies to
impose graduated sanctions and rewards through an administrative process.

Legislation

Section 1. {Definitions.} In this title:

(A) "Agency" means:

(1) The Department of Corrections or the state agency responsible for supervising
individuals placed on probation by the courts or serving a period of parole or postrelease supervision from prison or jail; and

(2) Any regional, local or county governmental agencies responsible for supervising
individuals placed on probation by a court or serving a period of parole or postrelease supervision from prison or jail, provided such agencies receive state
funding.

--in recent past or present

• AT&T Services, Inc.
• centerpoint360
• UPS
• Bayer Corporation
• GlaxoSmithKline
• Energy Future Holdings
• Johnson & Johnson
• Coca-Cola Company
• PhRMA
• Kraft Foods, Inc.
• Coca-Cola Co.
• Pfizer Inc.
• Reed Elsevier, Inc.
• DIAGEO
• Peabody Energy
• Intuit, Inc.
• Koch Industries, Inc.
• ExxonMobil
• Verizon
• Reynolds American Inc.
• Wal-Mart Stores, Inc.
• Salt River Project
• Altria Client Services, Inc.
• American Bail Coalition
• State Farm Insurance
For more on these corporations,
search at www.SourceWatch.org.

(B) "Chief supervision officer" means the highest ranking field probation or parole
administrator in each judicial circuit.

(C) "Court" means a court of record having original criminal jurisdiction.

(D) "Community supervision" means

(1) The placement of a defendant under a continuum of programs and sanctions,
with conditions imposed by a court for a specified period during which:

(a) criminal proceedings are deferred without an adjudication of guilt;

(b) a sentence of imprisonment or confinement, imprisonment and fine, or
confinement and fine, is probated and the imposition of sentence is suspended in
whole or in part; or

(2) The placement of an individual under a continuum of programs and sanctions

Exposed

By the Center for
Media and Democracy
www.prwatch.org

(2) The placement of an individual under a continuum of programs and sanctions
after release from prison or jail, with conditions imposed by the releasing authority
for a specified period.

(E) "Supervision officer" means a person appointed or employed by the Agency to
supervise individuals placed on community supervision.

(F) "Supervised individual" means an individual placed on probation by a court or
serving a period of parole or post-release supervision from prison or jail.

(G) "Graduated sanction" means any of a wide range of non-prison offender
accountability measures and programs, including, but not limited to, electronic
supervision tools; drug and alcohol testing or monitoring; day or evening reporting
centers; restitution centers; forfeiture of earned compliance credits; rehabilitative
interventions such as substance abuse or mental health treatment; reporting
requirements to supervision officers; community service or work crews; secure or
unsecure residential treatment facilities or halfway houses; and short-term or
intermittent incarceration.

(H) "Positive reinforcement" means any of a wide range of rewards and incentives,
including but not limited to awarding certificates of achievement, reducing
reporting requirements, deferring a monthly supervision fee payment, awarding
earned compliance credits, removing supervision conditions such as home
detention or curfew, or asking the offender to be a mentor to others.

Section 2. {Policy on Community Supervision.} It is the policy of this state
that supervised individuals shall be subject to:

(A) Violation revocation proceedings and possible incarceration for failure to
comply with the conditions of supervision when such failure constitutes a
significant risk to prior victims of the supervised individual or the community at
large, and cannot be appropriately managed in the community; or

(B) Sanctions other than revocation and incarceration as appropriate to the severity
of the violation behavior, the risk of future criminal behavior by the offender, and
the need for, and availability of, interventions which may assist the offender to
remain compliant and crime-free in the community.

Section 3. {System of Graduated Sanctions.}

(A) The Agency shall, by [January 1, 201X], adopt a single system of graduated
sanctions for violations of conditions of community supervision. The system shall
set forth a menu of presumptive sanctions for the most common types of
supervision violations, including but not limited to: failure to report; failure to pay
fines, fees, and victim restitution; failure to participate in a required program or
service; failure to complete community service; violation of a protective or no
contact order; and failure to refrain from the use of alcohol or controlled
substances. The system of sanctions shall take into account factors such as the
severity of the current violation, the supervised individual's previous criminal
record, the number and severity of any previous supervision violations, the
supervised individual's assessed risk level, and the extent to which graduated
sanctions were imposed for previous violations. The system also shall define
positive reinforcements that supervised individuals will receive for compliance
with conditions of supervision.

(B) The Agency shall establish by rules and regulations an administrative process
to review and approve or reject, prior to imposition, graduated sanctions that
deviate from those prescribed.

(C) The Agency shall establish by rules and regulations an administrative process
to review graduated sanctions contested by supervised individuals under Section 6
of this Act. The review shall be conducted by an impartial Agency employee or
representative who has been selected, appointed and trained to hear cases
regarding graduated sanctions for violations of supervision conditions.

Section 4. {Conditions of Community Supervision.} For individuals placed on
probation, the judge of the court having jurisdiction of the case shall determine the

Exposed

By the Center for
Media and Democracy
www.prwatch.org

probation, the judge of the court having jurisdiction of the case shall determine the
conditions of community supervision and may impose as a condition of community
supervision that the Agency supervising the individual may, in accordance with
Section 6 of this Act, impose graduated sanctions adopted by the Agency for
violations of the conditions of community supervision.

Section 5. {Authority to Impose Graduated Sanctions.}

(A) Notwithstanding any rule or law to the contrary, the Agency may:

(1) Modify the conditions of community supervision for the limited purpose of
imposing graduated sanctions; and

(2) Place a supervised individual who violates the conditions of community
supervision in a state or local correctional or detention facility or residential center
for a period of not more than [five] days consecutively, and not more than [30]
days in any one calendar year.

(B) A supervision officer intending to modify the conditions of community
supervision by imposing a graduated sanction shall issue to the supervised
individual a notice of the intended sanction. The notice shall inform the supervised
individual of the technical violation or violations alleged, the date or dates of the
violation or violations, and the graduated sanction to be imposed.

(C) The imposition of a graduated sanction or sanctions by a community
supervision officer must comport with the system of graduated sanctions adopted
by the Agency under Section 4 of this title. Upon receipt of the notice, the
supervised individual shall immediately accept or object to the sanction or
sanctions proposed by the officer. The failure of the supervised individual to
comply with a sanction shall constitute a violation of probation, parole or post
release supervision. If the supervised individual objects to the imposition of the
sanction or sanctions, the individual is entitled to an administrative review to be
conducted by the Agency within five days of the issuance of the notice. If the
Agency affirms the recommendation contained in the notice, then the sanction or
sanctions shall become effective immediately.

(D) If the graduated sanction involves confinement in a correctional or detention
facility, confinement must be approved by the chief supervision officer, but the
supervised individual may be taken into custody for up to [four] hours while such
approval is obtained. If the supervised individual is employed, the supervision
officer shall, to the extent feasible, impose this sanction on weekend days or other
days and times when the supervised individual is not working.

(E) A sanction that confines a supervised individual in a correctional or detention
facility for a period of more than [five] consecutive days, or extends the term of
community supervision, may not be imposed as a graduated sanction, except
pursuant to an order of the court or the releasing authority.

(F) A notice of a graduated sanction may not be issued for any violation of
probation, parole or post-release supervision which could warrant an additional,
separate felony charge. Notwithstanding this, a notice of a graduated sanction may
be issued for a positive drug test.

(G) Upon successful completion of a graduated sanction or sanctions, a court may
not revoke the term of community supervision or impose additional sanctions for
the same violation.

(H) If a supervision officer modifies the conditions of community supervision by
imposing a graduated sanction, the officer shall:

(1) Deliver a copy of the modified conditions to the supervised individual;

(2) File a copy of the modified conditions with the sentencing court or releasing
authority; and

(3) Note the date of delivery of the copy in the supervised individual's file.

Section 6. {Monitoring Graduated Sanctions.} The chief supervision officer
shall review confinement sanctions recommended by supervision officers on a
quarterly basis to assess any disparities that may exist among officers, evaluate
the effectiveness of the sanction as measured by the supervised individuals'
subsequent conduct, and monitor the impact on the Agency's number and type of
revocations for violations of the conditions of supervision.

Section 7. {Severability Clause.}

Section 8. {Repealer Clause}

Section 9. {Effective Date}

Adopted by the Public Safety and Elections Task Force at the Spring Task Force
Meeting on April 28, 2010.
Approved by the ALEC Board of Directors on June 3, 2010.

Related Files

CertainThe
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