Congress doesn’t always model good behavior, as the recent bitter split between members of the House Oversight Committee demonstrated, but many Americans may be pleasantly surprised to find that beyond the headline-grabbing theatrics and gridlock, there are encouraging examples of serious lawmakers working together.
BipartisanSafety Surveillance Act Yes, absolutely. The bill, co-authored by Sens. John Cornyn (R-Texas) and Chris Coons (D-Delaware), is consistent with research on what works to make communities safer and provide second chances.First Step MethodThis was an agreement reached between the Democratic Congress and President Donald Trump.
Safety oversight legislation is also being considered in the House of Representatives, which is also bipartisan.Related LawsThe bill, co-authored by Reps. Sheila Jackson Lee (D-Texas) and Wesley Hunt (R-Texas),Effective national reformIt demonstrates that the success of probation and parole should not be measured by how many years someone serves. The standard should be whether they stop committing crimes and become a positive contributor to their community. When people on probation and parole are able to get jobs or care for their children, it strengthens the fabric of our economy and society.
The bill focuses on two main priorities. First, it requires that conditions of federal probation and supervised release be tailored to individualized assessments that identify an individual’s risks and needs. This requirement contrasts with the practice in many jurisdictions, where everyone on probation must adhere to a boilerplate list of conditions, such as:No alcoholAlthough prohibition makes sense where excessive drinking is linked to crime, trying to impose a one-size-fits-all requirement on everyone is neither realistic nor effective.
The problems created by this approach are not theoretical. Imagine someone on probation. That person has committed crimes completely unrelated to alcohol, and they’ve done everything right under supervision. One night they go out to dinner with their family, and their probation officer happens to see them drinking. This is a no-win situation, because if the probation officer did nothing in a case like this, it would signal that they might not enforce other conditions, some of which may be important to public safety.
The Safe Supervision Act not only ties supervision conditions to an individual’s risks and needs, but also requires that initial conditions be adjusted over time based on changing risks and needs and an individual’s performance. This is consistent with how companies typically manage their employees: those who excel are often rewarded with raises, bonuses, and promotions. Here, those on probation and supervised release can earn the right to looser conditions, such as reporting to officers less frequently, if they do everything right.
The law also gives individuals the opportunity to end their supervision early if they demonstrate a track record of good behavior and fulfillment of all obligations, including paying restitution to victims. As a further step in the review, judges must ensure that early termination would not endanger public safety.
At first glance, some may see these incentives as soft on crime. However,Extensive researchIt has been suggested that this approach could benefit public safety.2013 SurveySimilar probationers who received early termination were found to be significantly less likely to reoffend than those who successfully completed their entire sentence.
More broadly, federal funding is helping some jurisdictions implement the concept of “dosage conservation.” This approach isthe studyIt’s similar to medicine, where different people often have different treatment times for the same illness.
Similarly, freeing up some resources currently used for comprehensive supervision work would allow the system to redirect its focus to those at highest risk of reoffending and who are most in need of supervision.
Missouri is20 statesThey implemented a compliance credit system to allow inmates on probation and, in some cases, parole to escape supervision by maintaining good academic performance. Evaluations of state initiatives have shown no adverse effect on recidivism rates, and interestingly, the number of inmates on probation and parole has increased.30 percentThis will reduce the burden on taxpayers over a six-year period.
that’s all121,000 people Federal Community Supervision andAnother 3.5 millionState probation and parole systems carry greater weight when it comes to adopting policies and practices that effectively promote personal responsibility, public safety, and reintegration into the community.
And bipartisan efforts to address such critical issues are too often stymied by petty partisan squabbles. Given this dynamic, it’s no wonder Americans have low expectations of Congress. But the momentum on safety oversight shows that the worker bees of both parties have not yet lost their grip, and that common sense can triumph over nonsense.
Attorney Mark A. Levin said:Criminal Justice CouncilTimothy Head isFaith and Freedom CoalitionVice Chair of the Board of Directors of the Criminal Justice Council;
