Chapter III: Pretrial Issues, Adjudication and Sentencing

Policy Statement 16: Modification of Conditions of Probation / Supervised Release

Assist offenders with mental illness in complying with conditions of probation.

If the offender is placed on probation with conditions, those conditions are supervised by a probation officer.  If the probationer fails to comply with the conditions, the probation officer notifies the court.  The court can revoke the probation, modify the conditions, or issue a warning.

Many of the same issues that were discussed under the Modification of Pretrial Release Conditions pertain here as well, including assisting the offender in getting reconnected to treatment and to financial and housing support after a period of incarceration, and establishing accountability in complying with the terms of release.  There is an important distinction, though, that has implications for treatment planning.  Once the person has been convicted and sentenced, the length of time that the offender will be under supervision is known at the outset - six months, one year, 18 months, etc.  While in the pretrial status, however, the duration of supervision lasts only as long as the case lasts, which cannot be known when the release conditions are set.  This distinction makes it easier for mental health staff to develop an appropriate treatment plan for individuals who are on probation as opposed to those on pretrial release.

Recommendations:

a.
Develop probation conditions that are realistic and address the relevant individual issues presented by the offender.
b.
Streamline administrative procedures to ensure that federal and state     benefits arereinstated immediately after a person with mental illness is released from jail.
c.
Assign offenders with mental health conditions on probation to probation officers with specialized training and small caseloads.
d.
Develop guidelines on compliance and violation policies regarding offenders with mental illness.