Deck 7: Community Supervision Modification and Revocation

Question 1

The most vulnerable time for possible revocation for probationers and parolees is during the first three months under supervision.

Answer 1

True

Question 2

In Gagnon v. Scarpelli , the U.S. Supreme Court held that, like parolees, probationers were entitled to a two-stage hearing consisting of a preliminary hearing and a final revocation hearing.

Answer 2

True

Question 3

Only the probation officer assigned to the supervision of an offender in the community can modify the conditions of probation to meet the evolving needs of the offender. ​

Answer 3

False

Question 4

Assaulting another person is considered a technical violation of probation.

Question 5

The probation officer has the discretionary authority to revoke probation.

Question 6

Men are more likely to successfully complete probation than women.

Question 7

Nationally, between 60% and 70% of probationers successfully complete supervision. ​

Question 8

The standard of proof required during probation or parole revocation hearings is "preponderance of the evidence." ​

Question 9

Upon revocation of probation, credit is given for time served on probation for any portion of the probation sentence served prior to the revocation. ​

Question 10

In revocation proceedings, the defendant is not constitutionally entitled to a jury or to a speedy trial. ​

Question 11

In all states, the warrant to revoke is issued by a court and served by law enforcement officers or probation officers. ​

Question 12

Most probationers and parolees tend to have their probation/parole revoked for ongoing technical violations over a given period of time.

Question 13

Most states take an active approach to locating and apprehending fugitives who abscond from community supervision.

Question 14

Revocation can only occur for either a technical violation or the commission of a new crime. ​

Question 15

Probation and parole officers are able to use in-house progressive sanctions when an offender shows initial signs of resistance or when technical violations first start.

Question 16

Testing positive for drug use while on probation/parole is considered a law violation.

Question 17

Under the U.S. Constitution, a probationer is entitled to a court-appointed attorney during revocation proceedings.

Question 18

Probation violations or serious misbehavior can cause the judge to extend the period of probation, impose additional conditions, or revoke probation. ​

Question 19

Probation is conditional, meaning that the probationer's liberty is subject to compliance with specified rules. ​

Question 20

Some states allow felony probationers to apply for early termination after having satisfactorily served one-third of the probation term or two years, whichever is less. ​

Question 21

Early termination of probation by the court is usually granted to ​

A) reduce the size of officers' caseloads. ​
B) recognize the inadequacies of the probation department's budget.
C) recognize good behavior by the probationer.
D) comply with legislative mandates.

Question 22

In most jurisdictions, probation officers can apply for early termination of probation for their clients after clients have served two years or _____ of the probation term. ​

A) one-half
B) one-fourth
C) two-thirds
D) one-third

Question 23

Approximately ______ of probationers successfully complete supervision. ​

A) 90-100%
B) 60-70%
C) 50-60%
D) 30-40%

Question 24

Over half of all parolees who had their parole revoked and were returned to prison faced revocation because of ​

A) technical violations.
B) commission of a new crime.
C) failure to pay fines.
D) failure to pay restitution.

Question 25

The rights to which adult offenders are entitled during probation revocation proceedings were detailed in which U.S. Supreme Court case decision? ​

A) Morrissey v. Brewer
B) Gagnon v. Scarpelli
C) Shepard v. Sweet
D) Wolff v. McDonnell

Question 26

The decision to revoke parole resides with the ​

A) court.
B) parole board.
C) parole officer.
D) parole supervisor.

Question 27

The two basic types of probation violations are ​

A) technical and law violations.
B) violations of the conditions of probation and failure to hold employment.
C) testing positive for drugs and failure to maintain an approved residence.
D) technical violations and failure to appear in court.

Question 28

Which of the following statements is true regarding the power to arrest probationers?

A) Police and other law enforcement officers are the only individuals permitted to arrest probationers.
B) Prosecutors have the legal authority to arrest probationers.
C) Probation officers are the only individuals permitted to arrest probationers.
D) Who is able to arrest probationers depends upon the state and/or jurisdiction where the probationer resides.

Question 29

Probation revocation procedures are governed by

A) the probation officer. ​
B) local ordinances.
C) state law and agency policy.
D) the Departments of Corrections.

Question 30

Which of the following would be considered a technical violation of probation in most jurisdictions?

A) A new arrest for shoplifting ​
B) Failure to report to the probation officer as directed
C) A new arrest for murder
D) Driving while under the influence of illegal drugs

Question 31

Graduated sanctions most often utilized by community services officers do NOT include which of the following? ​

A) Warnings/admonishments
B) Increased control
C) Increased monitoring/programming
D) All of these choices

Question 32

Due to the large number of absconders each year in the United States, most states take a(n) ___________ approach to locating and apprehending fugitives. ​

A) aggressive
B) by all means necessary
C) proactive
D) passive

Question 33

_____ are in-house approaches that take place when an offender shows initial signs of resistance or when technical violations first start. ​

A) Progressive sanctions
B) Administrative interventions
C) Technical violations
D) State civil procedures

Question 34

If probation is revoked and the offender goes to prison, time served on probation ​

A) does not count toward the term of imprisonment. ​
B) is deducted from the term of imprisonment.
C) is counted as good-time credit.
D) is counted toward truth-in-sentencing guidelines.

Question 35

According to your text, most absconders leave because of ​

A) embarrassment.
B) fear.
C) new crimes.
D) technical violations.

Question 36

How do the due process rights granted to probationers during revocation proceedings compare to those given to parolees? ​

A) They are greater.
B) They are less.
C) They are the same.
D) They have no rights at this stage.

Question 37

A probation or parole revocation is an "administrative hearing" and is similar to a civil proceeding rather than a criminal proceeding because it is seen as an extension of the ​

A) the most recent violation.
B) existing sentence.
C) laddered sanction philosophy.
D) zero-tolerance revocation philosophy.

Question 38

A probationer who leaves the jurisdiction where he or she is residing without permission and stops reporting to the probation officer is most correctly known as a(n) ​

A) new-offense violator.
B) absconder.
C) treatment challenger.
D) resistant offender.

Question 39

Which of the following is NOT considered to be a technical violation of probation/parole? ​

A) Testing positive for drugs/alcohol ​
B) Failure to maintain a known residence
C) Failure to complete treatment plan as outlined by the court
D) Driving while intoxicated

Question 40

The warrant to pick up a probationer for a revocation hearing is issued by the ​

A) prosecutor.
B) court. ​
C) probation officer.
D) sheriff's office.

Question 41

The two stages of a revocation hearing are a preliminary hearing and a(n) _____.

Question 42

Placing an offender on probation implies that, in the best judgment of the __________, the probationer will respect and abide by the law and the conditions of release.

Question 43

The level of proof required by most courts during probation or parole revocation proceedings is ​

A) preponderance of evidence.
B) beyond a reasonable doubt.
C) articulable suspicion.
D) reasonable suspicion.

Question 44

The process of hearings that results when a probationer is noncompliant with a current level of probation is _____.

Question 45

The standard of proof in probation or parole revocation hearings is __________.

Question 46

Although the probation officer or probation department may recommend violation of probation and subsequent revocation, only the __________ has the authority to revoke probation.

Question 47

Which of the following offenders are most likely to be successful on parole? ​

A) Female offenders over the age of 30
B) Male offenders under the age of 30
C) Female offenders under the age of 30
D) Male offenders over the age of 30

Question 48

__________________ are in-house approaches taken by a probation officer, sometimes in conjunction with a supervisor's advice or approval, prior to filing a formal revocation with the courts.

Question 49

__________ takes place when the court wishes to reward a probationer for good behavior after a portion of the time has been served.

Question 50

A significant problem in probation supervision in many jurisdictions in which probationers become "fugitives" from the system is __________. ​

Question 51

In the 1983 case of Beardon v. Georgia , the U.S. Supreme Court ruled that probation could not be revoked due to the offender's ​

A) unwillingness to pay court-ordered monetary fees and fines. ​
B) unwillingness to comply with special conditions.
C) inability to pay court-ordered monetary fees and fines.
D) inability to remain employed.

Question 52

Which of the following offenders are most likely to be unsuccessful on parole? ​

A) Female offenders over the age of 30
B) Male offenders between the ages of 25 and 39
C) Female offenders under the age of 30
D) Male offenders over the age of 40

Question 53

Probationers whose probation was revoked during the first three months after release were most likely to have committed a ​

A) technical violation.
B) felony.
C) misdemeanor.
D) traffic violation.

Question 54

Most rearrests of parolees occur within the first _____ after release from prison. ​

A) week
B) month ​
C) 6 weeks
D) 3 months

Question 55

Researchers comparing probationers with parolees discovered that probationers committed ____________________ than parolees. ​

A) fewer technical violations and fewer new crimes
B) more technical violations and more new crimes
C) fewer technical violations and more new crimes
D) more technical violations and fewer new crimes

Question 56

Probation and parole violators are entitled to a two-stage hearing consisting of a preliminary hearing and a(n) ​

A) jury trial.
B) bench trial.
C) final revocation hearing.
D) arraignment.

Question 57

Probationers and parolees must be given ___________rights, including notice of charges, right to confront witnesses, and right to present evidence in their favor. ​

A) modified constitutional
B) non-constitutionally defined
C) due process
D) exculpatory

Question 58

Revocation proceedings usually begin with the preparation of a violation report that is prepared by the __________ and becomes the basis for revocation.

Question 59

Revocation of probation is triggered by the commission of a new crime or _____.

Question 60

In the federal system, probation and parole violators may waive the preliminary hearing, known as ___________ revocation. ​

A) expedited
B) consensual
C) administrative
D) formal

Question 61

The rights to which offenders are entitled prior to the revocation of their probation were clearly stated by the U.S. Supreme Court in the cases of Morrissey v. Brewer (1972) and __________.

Question 62

Discuss what type of offender (i.e., age, gender, other personal characteristics, etc.) is most likely to be successful on probation and parole.

Question 63

Female offenders over the age of _____ are the most likely demographic to succeed on probation in the United States.

Question 64

Probationers who are resistant to complying with the conditions of probation may be sanctioned by probation revocation, resulting in sentences as severe as jail or prison. Conversely, if a probationer abides by all of the conditions applied, what could potentially result from their compliance?

Question 65

_______________ sanctions are in-house approaches that take place when an offender shows initial signs of resistance or when technical violations first start.

Question 66

What in-house administrative options may be used by probation/parole officers to address violations, prior to filing for revocation? Also, what types of violations would these option be used to address?

Question 67

Failing to report to your probation officer is an example of a(n) __________.

Question 68

What due process rights are provided for offenders during the revocation process?

Question 69

Describe how the revocation process is used. In doing so, be sure to discuss the types of violations that may lead to revocation.

Question 70

Probation may be revoked after the probation period has expired when a(n) __________ is issued for the probationer's arrest before the period of probation expires.