Earned Compliance Credits

Giving more rewards than sanctions achieves the best results for people under supervision.

In DC, about 30 percent of people on probation, parole, and supervised release are arrested and end up back in jail because of a violation of their supervision. Among the reasons for so many people failing on probation, supervised release, and parole are that the system uses more sanctions than incentives, the sentence is longer than needed to be, and there are too many burdensome sentences that can lead to someone being jailed. To address this challenge, 22 states have enacted laws allowing people to earn time off their sentence for their compliance, education, or programming completion. DC should institute an earned compliance credit program where, every 30 days, if someone succeeds on probation, supervised release, or parole, their sentence is reduced by 30 days.

What you need to know

There are three different ways you can be on supervision in DC, sometimes with burdensome conditions.

In DC, there are three main types of community supervision after a person has been convicted of a crime: a suspended sentence with a probation period, parole (offenses before August 5, 2000), or supervised release (offenses after August 5, 2000). Probation is a sentencing option ordered by the Superior Court for the District of Columbia. Parole is a form of early release for people sentenced to prison before 2000 when DC got rid of the parole board. People convicted after 2000 for a felony under the applicable law return to the community on supervised release – an additional period after completing their prison sentence.  All such types of supervision are thought to be positive alternatives to incarceration, but these “alternatives” can be extremely burdensome, often filled with more barriers and challenges than being incarcerated–constant check-ins, drug tests, required classes, curfews, and travel restrictions. 

Two federal agencies are responsible for supervision and release decisions.

In DC, the decisions and conditions set for people on parole or supervised release are made by the United States Parole Commission (USPC). In DC, when someone is sentenced to supervision by the Superior Court of the District of Columbia or is paroled or placed on supervised release by the USPC, they are under the supervision of a staff member of the federal Court Services and Offender Supervision Agency (CSOSA). CSOSA said in 2022, there were 4,439 people on probation in DC – about nine out of ten of whom are Black. USPC  has jurisdiction over 1,275 people on parole and 3,866 people who have finished their prison sentence and are on supervised release, with CSOSA conducting the day-to-day supervision of these individuals.

People on probation, parole, or supervised release can be revoked for violations and jailed.

If an individual on probation, parole, or supervised release does not comply with supervision conditions, such as completing a program or maintaining employment, they can be ordered to appear in court, face a technical violation, and potentially be incarcerated. CSOSA publicly available reports found that there were 10,406  people on supervision in FY 2023, and 8.8 percent of this population were revoked to incarceration for some reason. Of the total supervised population held in custody, only 10.5 percent were arrested for a new crime, and only 2.2 percent were convicted. Between 2021 and 2022, the rate of people being revoked and incarcerated nearly doubled. In December of 2021, the USPC reported to DC Justice Lab, by FOIA request, that 81 people were in custody for violating their supervision, and 266 were revoked on supervised release. CSOSA did not report this.

Shorter probation sentences are associated with less recidivism and lower costs.

The longer the supervision period, the more likely someone can be revoked and incarcerated for a minor violation. One analysis The Pew Charitable Trusts completed on probation populations in Oregon and South Carolina found that, among people who were on probation for a year without being arrested, more than 90 percent could have spent less time on supervision without impacting recidivism. This research echoes what is generally known about recidivism when people return to the community. If a re-arrest occurs, it usually happens in the first year someone is under supervision, making long supervision terms superfluous after a person has been successful for a year. 

Incentives and earned compliance will increase safety and success.

There is growing support in the probation and parole field to incentivize people to earn time off their supervision term for each compliance period. The Model Penal Code recommends releasing individuals compliant from supervision after a year. The American Probation and Parole Association and the National Association of Probation Executives support policies that “allow people on probation to earn time off supervision” if they achieve certain educational or work milestones. CSOSA does use incentives, such as reducing drug screenings or modifying reporting requirements, but does not offer a shorter supervision term as an incentive.

Twenty-two states have some type of earned credit compliance to end a probation sentence early.

According to The Pew Charitable Trusts, in 2020, laws in at least 20 states allow individuals to shorten their probation terms by complying with the conditions of their sentence, with two more states joining their ranks by 2023.  Some states, including Alaska, Arkansas, Delaware, Missouri, New York, and Utah, have “30 for 30” policies, in which the person on probation gets 30 days of credit towards ending a sentence term sooner for 30 days of compliance with conditions. New York has a similar “30 for 30” policy for any person subject to probation or parole supervision. Neighboring Maryland gives 20 days of credit for 30 days of compliance for probation, parole, or mandatory release supervision. These incentives have been shown to increase the likelihood that someone will successfully leave supervision, which increases safety as someone is not exposed to the harms of deeper justice system involvement.   New York State and Arizona developed earned compliance credit programs and saw probation populations decline and better public safety outcomes. 

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There are too many barriers, and it takes too long to terminate a sentence early in DC.

In DC, you have to have served half your probation term before you can request an early termination of supervision.   Then, you have to meet fourteen different criteria (an additional six are added in a domestic violence case) before a CSOSA officer can request early termination: these include contacting the victim, paying all court costs, restitution, and fines or fees in full or having them waived, completing all special supervision conditions, and passing a background check. A person on probation can also hire a lawyer to petition the court for early release, which typically invites the prosecution to argue against the petition. Most adults do not have court-appointed counsel while under supervision. If a person has a serious felony conviction or a “history of violence,” they will not be considered for early termination. From 2018 to 2023, CSOSA continuously supervised over 31,000 people. Only 700 were eligible and applied, but only about 200 received early termination. 

Early termination for a person on parole can only happen after they have served two years.

The process for early parole termination differs slightly from the probation process. A person must serve their sentence in the community for at least two years without violation, have been originally classified in the “very good” category, and have seven criteria to meet. The CSOSA officer will submit a report to the USPC in two years. If the person is not granted early termination at the two-year mark, USPC must consider the person on parole for early termination annually. Termination of the supervision is not complete until USPC signs a certificate of completion and the CSOSA officer physically receives it. 

Supervised releasees must serve one year before consideration for early termination.

The process for supervised release is similar to the process for early termination of parole. To be considered for early termination, a person on supervised release must serve one year without violation. The same seven criteria must be met, and the CSOSA officer must submit an application to be approved by USPC.

WHERE TO LEARN MORE

Our Solutions

DC should follow the recommendations of the DC District Task Force on Jails & Justice by enacting into law that for every 30 days of compliance, someone automatically earns 30 days off their supervision term.

special thanks

Tracy Velázquez ★ Laura Roman ★ Vincent Schiraldi

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