Chapter IV: Incarceration and Reentry
Policy Statement 22: Modification of Conditions of Supervised Release
Recommendation f: Develop a range of graduated sanctions to compel (and incentives to encourage) compliance with conditions of release.
Community supervision staff members need to be prepared to address the needs of the offender with mental illness who may be unable to comply with the traditional mandates of community supervision. Although reincarceration of the offender may be the most expedient response in the short run, it may not be the best use of criminal justice resources or, in the long term, be the response most likely to prevent the person from reoffending. Absent new criminal behavior by the probationer or parolee, alternative responses should be considered. Incarceration should be reserved for those cases that represent a threat to public safety.
To provide the most effective intermediate sanctions, criminal justice officials should develop agreements with case management service providers, advocacy organizations, specialized employment/vocational providers, crisis services, and mental health treatment programs to provide support for individuals with mental illness when problems arise. If a probationer or parolee with mental illness decompensates considerably after his or her release, increasing treatment should be considered prior to recommending the offender be returned to custody. Providing aggressive treatment may stabilize the offender's mental condition much more effectively and economically that reincarceration.
Offenders with mental illness who are returned to the community may need more intensive services and supervision than originally planned prior to their release, particularly in relation to their reaction to the stresses of returning to the community. An effective approach to violations of conditions of supervision is to increase gradually the level of treatment intervention in combination with a graduated series of predetermined responses (rather than violating them immediately upon the first technical violation). There should be some flexibility for the officer to use a reasonable level of discretion while maintaining program consistency.
Agencies such as New York City's Center for Alternative Sentencing and Employment Services (CASES) provide interagency case planning and management services for "special needs" offenders, such as offenders with mental illness, who are in jeopardy of parole revocation due to noncriminal violations of conditions of community supervision.
Example: Parole Restoration Project, Center for Alternative Sentencing and Employment Services (CASES), New York City (NY)
CASES recently developed the Parole Restoration Project for technical parole violators incarcerated in New York City jails whose parole status would otherwise be revoked. The project attempts to increase the number of special needs parole violators returning to parole community supervision instead of state prison. The project's clients include substance abusers, people with a mental illness, people with co-occurring disorders, and women. Project staff identify eligible participants, assess their treatment needs, link them to community-based service providers, gain support for the treatment plan from parole field staff and assigned counsel, submit a comprehensive report to the administrative law judge and the board of parole advocating for restitution of parole under the recommended treatment program, and coordinate the release and monitoring of compliance.
Other agencies, such as the Cook County, Illinois, Department of Adult Probation and the Maricopa County, Arizona, Probation Office, employ a graduated ladder of sanctions and special, individualized services for probationers or parolees with special needs. Still others, like the Hawaii Paroling Authority and the Kentucky Department of Corrections, offer a structured living environment to parolees with mental illness where care, treatment, and housing are provided.
Incentives and positive reinforcement can also be useful tools in helping offenders with mental illness adhere to the conditions of their release.
Example: Dangerous Mentally Ill Offender Program (WA)
As part of the Dangerous Mentally Ill Offender legislation, Washington State appropriated additional funds to support the transition of offenders with mental illness back into the community. Regional Support Networks, components of the Washington mental health system, have used a portion of these funds for incentives (such as new clothing) as a means to increasing compliance with treatment plans.