Chapter IV: Incarceration and Reentry
Policy Statement 22: Modification of Conditions of Supervised Release
As explained earlier in this report, approximately 80 percent of sentenced inmates are released under some form of community supervision. [1] Successful completion of a period of community supervision is particularly difficult for offenders with mental illness. The transition planning process described in the preceding policy statement often is not in place, and people with mental illness who are released from prison sometimes wonder whether they have been set up to fail. They must find a mental health provider willing to deliver services to a person who not only has a criminal record but who also is (often) without the resources to pay for treatment and has yet to demonstrate eligibility for Medicaid. Oftentimes, when a provider does accept a parolee, the person with the criminal record learns that he must identify a second provider who will treat his or her substance abuse problem.
Offenders with mental illness recently released from prison also must find housing and, despite not having any savings or a paycheck, pay the first month's rent in advance. Furthermore, to maintain some form of public assistance, they need to demonstrate that they are actively seeking a job. Yet few employers are willing to hire anyone with a criminal record, and the stigma that surrounds mental illness compounds the problem. Overcoming these obstacles to successful reintegration into the community, while attempting to coordinate appointments in a schedule already crowded with meetings with a supervision officer, a mental health clinician, and a peer substance abuse support group is nearly impossible - and especially so for someone without access to transportation. Not surprisingly, these individuals often return to the types of criminal behavior that originally prompted their incarceration.
Community corrections officers also feel like they have been presented with an impossible situation. With caseloads sometimes reaching into the hundreds, supervision officers are without the time or resources to facilitate an offender's compliance with conditions of release. Furthermore, they are unable to observe the offender closely either to gain an improved understanding of the individual or to spot dangerous behavior.
At the same time, parole administrators are under significant political pressure to hold parolees accountable for violations of conditions of release and to ensure that a parolee does not become a front-page news story. The absence of coherent policies regarding parole revocation decisions for parole violators who have a mental illness exacerbates the problem.
Given this situation, supervision officers often respond to any violation of supervision by recommending the reincarceration of the offender. Although in many cases these violations ("technical violations") do not constitute a new crime, they demonstrate behavior (e.g., homelessness, substance abuse, lack of employment, or failure to take medication) to a community corrections officer that indicates the releasee is returning to a lifestyle that, if not changed, will result in recidivism. As a result, many such parolees are returned to prison not for new offenses but rather for technical rule violations - such as missed appointments with a parole officer or testing positive for substance abuse.
Recognizing the complexity of this task, and the extent to which supervision officers lack many of the resources they need to perform their responsibilities, the following recommendations for implementation explain the value of tapping community-based resources such as mental health providers and family members. They also outline elements of a collaborative relationship among these entities, with the aim of encouraging an offender with mental illness to comply with conditions of release and to hold him or her appropriately accountable.
Recommendations:
- a.
- Assign small, specialized caseloads of parolees with mental illness to parole officers who have received advanced training in mental health issues.
- b.
- Encourage community corrections staff to conduct field supervision and other monitoring responsibilities within the communities, homes, and community-based service programs where the releasee spends most of his or her time.
- c.
- Work closely with mental health administrators and providers to ensure that parolees receive services and resources specified in community reintegration and supervision plans.
- d.
- Ensure that released offenders are connected to a 24-hour crisis service.
- e.
- Establish protocols to share information between community supervision agencies and community mental health providers regarding compliance with conditions of release.
- f.
- Develop a range of graduated sanctions to compel (and incentives to encourage) compliance with conditions of release.
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Travis et al., From Prison to Home, p. 20
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