Deck 7: Community Supervision Modification and Revocation

Question 1

Upon revocation of probation, credit is given for time served on probation for any portion of the probation sentence served prior to the revocation.

Answer 1

False

Question 2

A technical violation of probation is not a crime; it is a pattern of infractions.

Answer 2

True

Question 3

Probation and parole officers are able to use in-house progressive sanctions when an offender shows initial signs of resistance or when technical violations first start.

Answer 3

True

Question 4

Some states allow felony probationers to apply for early termination after having satisfactorily served one-third of the probation term or two years, whichever is less.

Question 5

People v Price (1960) guarantees the right to a speedy trial in revocation proceedings.

Question 6

In all states, the warrant to revoke is issued by a court and served by law enforcement officers or probation officers.

Question 7

Under the U.S. Constitution, a probationer is entitled to a court-appointed attorney during revocation proceedings.

Question 8

Most probationers and parolees tend to have their probation/parole revoked for ongoing technical violations over a given period of time.

Question 9

Probation is conditional, meaning that the probationer's liberty is subject to compliance with specified rules.

Question 10

The standard of proof required during probation or parole revocation hearings is "preponderance of the evidence."

Question 11

The most vulnerable time for possible revocation for probationers and parolees is during the first three months under supervision.

Question 12

Testing positive for drug use while on probation/parole is considered a law violation.

Question 13

Revocation can only occur for either a technical violation or the commission of a new crime.

Question 14

In Gagnon v. Scarpelli, the U.S. Supreme Court held that, like parolees, probationers were entitled to a two-stage hearing consisting of a preliminary hearing and a final revocation hearing.

Question 15

The probation officer has the discretionary authority to revoke probation.

Question 16

Only the probation officer assigned to the supervision of an offender in the community can modify the conditions of probation to meet the evolving needs of the offender.

Question 17

Probation violations or serious misbehavior can cause the judge to extend the period of probation, impose additional conditions, or revoke probation.

Question 18

Most states take an active approach to locating and apprehending fugitives who abscond from community supervision.

Question 19

Men are more likely to successfully complete probation than women.

Question 20

Nationally, between 60% and 70% of probationers successfully complete supervision.

Question 21

How do the due process rights granted to probationers during revocation proceedings compare to those given to parolees?

A) They are greater.
B) They are less.
C) They are the same.
D) They have no rights at this stage.

Question 22

Probation revocation procedures are governed by

A) the probation officer.
B) local ordinances.
C) state law and agency policy.
D) the Departments of Corrections.

Question 23

If probation is revoked and the offender goes to prison, time served on probation

A) does not count toward the term of imprisonment.
B) is deducted from the term of imprisonment.
C) is counted as good-time credit.
D) is counted toward truth-in-sentencing guidelines.

Question 24

The decision to revoke parole resides with the

A) court.
B) parole board.
C) parole officer.
D) parole supervisor.

Question 25

Over half of all parolees who had their parole revoked and were returned to prison faced revocation because of

A) technical violations.
B) commission of a new crime.
C) failure to pay fines.
D) failure to pay restitution.

Question 26

Early termination of probation by the court is usually granted to

A) reduce the size of officers' caseloads.
B) recognize the inadequacies of the probation department's budget.
C) recognize good behavior by the probationer.
D) comply with legislative mandates.

Question 27

Graduated sanctions most often utilized by community services officers do NOT include which of the following?

A) Warnings/admonishments
B) Increased control
C) Increased monitoring/programming
D) All of these choices

Question 28

The two basic types of probation violations are

A) technical and law violations.
B) violations of the conditions of probation and failure to hold employment.
C) testing positive for drugs and failure to maintain an approved residence.
D) technical violations and failure to appear in court.

Question 29

Due to the large number of absconders each year in the United States, most states take a(n) ___________ approach to locating and apprehending fugitives.

A) aggressive
B) by all means necessary
C) proactive
D) passive

Question 30

A probationer who leaves the jurisdiction where he or she is residing without permission and stops reporting to the probation officer is most correctly known as a(n)

A) new-offense violator.
B) absconder.
C) treatment challenger.
D) resistant offender.

Question 31

_____ are in-house approaches that take place when an offender shows initial signs of resistance or when technical violations first start.

A) Progressive sanctions
B) Administrative interventions
C) Technical violations
D) State civil procedures

Question 32

Approximately ______ of probationers successfully complete supervision.

A) 90%-100%
B) 60%-70%
C) 50%-60%
D) 30%-40%

Question 33

The rights to which adult offenders are entitled during probation revocation proceedings were detailed in which U.S. Supreme Court case decision?

A) Morrissey v. Brewer
B) Gagnon v. Scarpelli
C) Shepard v. Sweet
D) Wolff v. McDonnell

Question 34

In most jurisdictions, probation officers can apply for early termination of probation for their clients after clients have served two years or _____ of the probation term.

A) one-half
B) one-fourth
C) two-thirds
D) one-third

Question 35

According to your text, most absconders leave because of

A) embarrassment.
B) fear.
C) new crimes.
D) technical violations.

Question 36

A probation or parole revocation is an "administrative hearing" and is similar to a civil proceeding rather than a criminal proceeding because it is seen as an extension of the

A) the most recent violation.
B) existing sentence.
C) laddered sanction philosophy.
D) zero-tolerance revocation philosophy.

Question 37

The warrant to pick up a probationer for a revocation hearing is issued by the

A) prosecutor.
B) court.
C) probation officer.
D) sheriff's office.

Question 38

Which of the following statements is true regarding the power to arrest probationers?

A) Police and other law enforcement officers are the only individuals permitted to arrest probationers.
B) Prosecutors have the legal authority to arrest probationers.
C) Probation officers are the only individuals permitted to arrest probationers.
D) Who is able to arrest probationers depends upon the state and/or jurisdiction where the probationer resides.

Question 39

Which of the following is NOT considered to be a technical violation of probation/parole?

A) Testing positive for drugs/alcohol
B) Failure to maintain a known residence
C) Failure to complete treatment plan as outlined by the court
D) Driving while intoxicated

Question 40

Which of the following would be considered a technical violation of probation in most jurisdictions?

A) A new arrest for shoplifting
B) Failure to report to the probation officer as directed
C) A new arrest for murder
D) Driving while under the influence of illegal drugs

Question 41

The standard of proof in probation or parole revocation hearings is __________.

Question 42

What is a valid explanation for why revocation rates have likely increased?

A) There is a lower threshold for tolerated behavior.
B) Caseloads for parole officers are too large for face-to-face contact.
C) Drug use is more readily detected.
D) All of these are correct.

Question 43

Although the probation officer or probation department may recommend violation of probation and subsequent revocation, only the __________ has the authority to revoke probation.

Question 44

__________ takes place when the court wishes to reward a probationer for good behavior after a portion of the time has been served.

Question 45

A significant problem in probation supervision in many jurisdictions in which probationers become "fugitives" from the system is __________.

Question 46

A convict of which type of offense is most likely to succeed on parole?

A) Immigration crime
B) Weapons crime
C) Drug crime
D) Violent crime

Question 47

Revocation proceedings usually begin with the preparation of a violation report that is prepared by the __________ and becomes the basis for revocation.

Question 48

The level of proof required by most courts during probation or parole revocation proceedings is

A) preponderance of evidence.
B) beyond a reasonable doubt.
C) articulable suspicion.
D) reasonable suspicion.

Question 49

Probationers whose probation was revoked during the first three months after release were most likely to have committed a

A) technical violation.
B) felony.
C) misdemeanor.
D) traffic violation.

Question 50

What is the most vulnerable time for parolees?

A) The first week
B) The first year
C) The first three months
D) The first three years

Question 51

A convict of which type of offense is least likely to succeed on parole?

A) Property crime
B) Drug crime
C) Public order crime
D) Weapons crime

Question 52

Placing an offender on probation implies that, in the best judgment of the __________, the probationer will respect and abide by the law and the conditions of release.

Question 53

Revocation of probation is triggered by the commission of a new crime or _____.

Question 54

Probationers and parolees must be given ___________rights, including notice of charges, right to confront witnesses, and right to present evidence in their favor.

A) modified constitutional
B) nonconstitutionally defined
C) due process
D) exculpatory

Question 55

Probation and parole violators are entitled to a two-stage hearing consisting of a preliminary hearing and a(n)

A) jury trial.
B) bench trial.
C) final revocation hearing.
D) arraignment.

Question 56

The two stages of a revocation hearing are a preliminary hearing and a(n) _____.

Question 57

The process of hearings that results when a probationer is noncompliant with a current level of probation is _____.

Question 58

In the 1983 case of Beardon v. Georgia, the U.S. Supreme Court ruled that probation could not be revoked due to the offender's

A) unwillingness to pay court-ordered monetary fees and fines.
B) unwillingness to comply with special conditions.
C) inability to pay court-ordered monetary fees and fines.
D) inability to remain employed.

Question 59

In the federal system, probation and parole violators may waive the preliminary hearing, known as ___________ revocation.

A) expedited
B) consensual
C) administrative
D) formal

Question 60

__________________ are in-house approaches taken by a probation officer, sometimes in conjunction with a supervisor's advice or approval, prior to filing a formal revocation with the courts.

Question 61

What type of offender is least likely to demonstrate recidivism while on probation or parole?

Question 62

Women offenders who recidivate tend to perceive lack of support from their parole/probation officer and/or their ________.

Question 63

Why has the rate of revocation increased in recent years?

Question 64

You are writing an amicus brief for the Supreme Court, which is hearing a case about the burden of proof for revocation in parole and probation cases. The essential question is: Should hearsay and other evidence not normally permissible in a court of law be allowed? Because your brief will be read by federal justices, you must contextualize your argument within the historical framework of Supreme Court decisions.

Question 65

You are a parole officer who is being transferred from a facility that only handles men to one that handles women's cases. As you start your new job, you want to be fair, but you know that women might have different needs and expectations than men. How you treat them differently? Why? Be sure to cite statistics from your text in your answer.

Question 66

How does the revocation process work in practice? Discuss the types of violations that may lead to revocation.

Question 67

You are a brand new parolee who used to work selling drugs to fuel your own addiction but now are clean and want to start a new life. The part of the city that you are from is very poor. Your parole officer needs you to write a letter analyzing the economic and social factors that may contribute to your recidivism. What are they, and what are your plans to avoid the pitfalls that may lead to your revocation?

Question 68

Supervision or treatment modifications that can be used by a community supervision officer instead of revocation when a probationer or parolee shows initial signs of resistance or technical violations are called __________.

Question 69

Failing to report to your probation officer is an example of a(n) __________.

Question 70

The rights to which offenders are entitled prior to the revocation of their probation were clearly stated by the U.S. Supreme Court in the cases of Morrissey v. Brewer (1972) and __________.

Question 71

Shoplifting while on parole is an example of a _____ violation.

Question 72

What are the likely outcomes when a probationer complies with the conditions applied to him or her?

Question 73

You are a probation officer who is sick of the "good cop/bad cop" dichotomy and instead wants to realistically approach positive reinforcement and negative reinforcement for offenders you are responsible for. How will you do it? For example, should the nature of the violation be taken into consideration? Incorporate in your answer a discussion of the current options for positive reinforcements in sanctions described in your text.

Question 74

You are the leader of a community organization that wants to inform the community at large about the current alternatives to incarceration for technical violations. Which do you believe are the most effective? Are any outdated? If so, how can they be improved? If not, how can they be better applied to make for a successful reentry into society?