This decision-making is important, as the consequences of these decisions have a significant impact on youth. In addition to inconsistency in formal documentation of technical violations, there is heterogeneity in decision-making surrounding the violation, such as whether to modify probation terms, detain the youth, or even revoke probation and place the youth in a residential facility ( NeMoyer et al., 2014). While probation noncompliance is common among youth across jurisdictions, with estimates of up to 50% of youth with noncompliance ( Adams et al., 2002 NeMoyer et al., 2014), rates of technical violations are lower (e.g., 14% Smith et al., 2009), suggesting there is discretion and decision-making by both the probation officers and the court regarding issuance of technical violations for noncompliance. Probation noncompliance is similar to a technical violation (i.e., same actions), but technical violations are formally filed in the court and addressed by court personnel. It should be noted that the study focuses on technical probation violations, rather than probation noncompliance. The focus of the current study is examining technical probation violations among youth on probation in a juvenile justice system during their first probation period, the average time to technical violation, as well as the impact of probation-ordered requirements on risk of and time to technical violations across black and white youth. These actions may include failure to meet with a probation officer, failure to provide a urine drug test, or school absence during a period of required school attendance ( Leiber & Peck, 2013 Smith et al., 2009). One type of probation violation that is common across jurisdictions is technical violations, which are non-criminal, non-delinquent incidents in which an individual fails to meet the terms of their probation ( Leiber & Peck, 2013 Smith et al., 2009). Although probation was originally implemented as an alternative to incarceration and to keep youth in the community ( Livsey, 2012), it can be viewed as a delayed path to prison rather than a true alternative, since a violation can lead to prolonged system involvement, including subsequent detention ( Klingele, 2013 Phelps, 2017). Probation is a common rehabilitation strategy used in the juvenile justice system in 2009, 60% of delinquent youth in the US were placed on formal probation ( Knoll & Sickmund, 2012 Livsey, 2012). Despite the benefit of probation interventions, system-level efforts are needed to help youth adhere to probation requirements and successfully complete probation. Across all youth, assignment to more probation requirements increased risk of technical violation and shorter time to violation. Black youth violate more quickly compared to White youth. Electronic monitoring and education, mental health, and drug programs were associated with shorter time to violation, controlling for race, ethnicity, and charge severity. Youth assigned to more probation requirements violated more quickly. In multivariate survival analyses, the hazard for time to technical violation was higher for Black youth compared to white youth ( p<.001), males ( p=.04), and younger youth ( p<.001). Across 18,289 youth, 15.3% received a technical violation during their first probation Black youth violated more quickly compared to White youth (log-rank test p<.001). We examined effects of charge severity, probation conditions (e.g., electronic monitoring) and program referrals (e.g., mental health) on likelihood of technical violation utilizing survival analysis stratified by race. Technical violation was defined as a violation resulting from a non-criminal incident. We analyzed electronic criminal records of 18,289 probation-involved youth following their first arrest (68.7% male, 53.9% Black, Mage=15.2). The current study examined prevalence of technical violations occurring during one’s first probation period, the average time to technical violation, and individual-level and justice-related factors related to technical violations among probation-involved youth in a juvenile justice system. Technical probation violations are common among probation-involved youth, and across many jurisdictions, may result in detention or residential placement.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |