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  #76  
Old 01-31-2009, 05:57 PM
bellisq bellisq is offline
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Were you convicted of a crime of violence? What is your exact conviction? When was the 12 months up? Are you continuing to do community service? Are you in college or another productive activity? What other good things have you done since being incarcerated? I have helped a number of people get off SR, but need those questions answered to give you a reliable response.
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  #77  
Old 02-03-2009, 06:50 PM
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Default What do you think?

Were you convicted of a crime of violence? What is your exact conviction? When was the 12 months up? Are you continuing to do community service? Are you in college or another productive activity? What other good things have you done since being incarcerated? I have helped a number of people get off SR, but need those questions answered to give you a reliable response.

My crime wasn't a crime of violence. Towards the end of the whole situation the court began to understand it was a childhood prank. We didn't blow up the soda machine for money or sodas, we just did it because we were young and dumb. My exact conviction was malicious damage to interstate commerce (soda machine), and possession of an unregister explosive device (pipe bomb). My twelve months will be up in March 2009. I am not continuing to do community service mainly because of time restrictions with work and school. I am in college and play an active role in my church. I am hoping to get early termination so I can transfer to another university that I have been accepted. This university it out of state and I really wanted all of this cleared up and put behind me before I left. Thank you for your help.
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  #78  
Old 02-03-2009, 07:42 PM
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Not clear how long your supervised release is, 48 months? If so, i am guessing you might not get off that early, but you can hire an attorney that the judge likes to go for it. You can get permission to transfer supervision to another district, but you will have to get permission to come home for visits. You could squeeze out a few days a month helping at habitat and that goes a long way toward showing rehabilitation. You can sleep when you are old.
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  #79  
Old 06-10-2009, 10:58 AM
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What if after 4 years on probation and fulfilling all the requirements for early release and filing the paperwork, the supervising officer says he will fight early release just because, for no particular reason. then the court doesn't process it for a year?
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  #80  
Old 06-11-2009, 08:09 AM
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You can hire a lawyer to try to get the request on the docket. How long is the term?
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  #81  
Old 06-11-2009, 09:11 AM
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Default forms

[is there a form to fill out for early termination of federal supervised release and where do i download it? quote=Federal PO;2405046]There are always questions about this topic, and also alot of bad information floating around out there that ontributes to people's confusion. Hopefully a moderator can hit this as a sticky to answer some of the questions that get asked frequently.

Title 18 of the US Code, sections 3564© and 3583(e)(1) give the Court the authority to terminate a term of probation in a misdemeanor case at any time, and supervised release or probation in a felony case after serving one year of supervision if the Court is satisfied that such action is warranted by the conduct of an offender and is in the interest of justice.

While the statutory rules guide the Judge, the probation office has several national policies that it has developed to determine who to recommend for early termination. The March 2005 revision to the Probation Monograph 109 instructs probation officers that they should consider the suitability of early termination for offenders as soon as they are statutorily eligible. The general criteria set forth in the monograph for assessing whether a statutorily eligible offender should be recommended to the Court as an appropriate candidate for early termination are listed below. Offenders with identified risks to the community (like numbers 8 and 9 below) should not be recommended for early termination. However, the failure to meet the other criteria listed below should not automatically exclude an offender from further consideration. The appropriateness of early termination should be based on the offender’s overall progress in meeting supervision objectives and should include an evaluation of all the circumstances in the individual case.

In general, the criteria for recommending early termination are:

1)Stable community re-integration (e.g., residence, family, employment)
2)Progressive strides toward supervision objectives, and compliance with all conditions of supervision
3)No aggravated role in the offense of conviction, especially in large drug or fraud cases
4)No history of violence(e.g., sexually assaultive, predatory behavior, or domestic violence)
5)No recent arrests or convictions (including unresolved poending charges)or ongoing uninterrupted patterns of criminal conduct
6)No recent evidence of drug or alcohol abuse
7)No recent psychiatric episodes
8)No identifiable risk to the safety of any identifiable victim
9)No identifiable risk to public safety based on the Risk prediction Index (RPI)

The existence of an outstanding financial penalty per se does not adversely affect termination eligibility as long as the offender has been paying in accordance with the payment plan.

Review for suitability for a recommendation for early termination should be discussed with the supervisor as part of the periodic case evaluation process. If the Court denies early termination of an eligible offender, the case should ordinarily be supervised under low intensity supervision standards.

With all this being said, some Judges have developed policies for their own courts that they have instructed probation officers to follow, in addition to the ones described in the monograph.[/quote]
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  #82  
Old 06-11-2009, 09:12 AM
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[is there a form to fill out for early termination of federal supervised release and where do i download it?
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  #83  
Old 06-13-2009, 09:53 AM
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Dr, go back to the first half dozen posts in this thread and I think you'll find what you're looking for. There is a form, but you don't fill it out or submit it: Your PO has to do that. Good luck to you.
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  #84  
Old 06-19-2009, 11:05 AM
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I have a litttle less than 9 months left on my SR ...my PO is of no help in getting me and early release ....... I have spoken to her about it on several occastions .... and all I get is the run around ....... I would like to know is there a form I can fill out and if so where can I download it ........ so that I may do it my self
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  #85  
Old 07-18-2009, 09:58 AM
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Wink It's not so bad / Perhaps my time has come...

First of all, I want to thank everyone for all the valuable information here. From the day I was incarcerated there have been rumors about what comes next -- in the detention center, there were rumors about camp, in camp there were rumors about halfway house, and of course rumors about supervised release. This thread goes a long way toward setting the record straight. Thanks!

I never really thought much about early termination. My first thoughts on supervision were that it was a lot better than being in prison or the halfway house. For the past two years my life has been more or less normal. I sleep in real bed, I eat good food, I go places, I can enjoy the company of a woman... For 20 months, I saw my PO every month and sent in my reports. for 18 months or so I called codaphone every night and went and took a UA whenever they called me (always negative). I also participated in aftercare, seeing a therapist and psychiatrist -- I viewed this as a benefit, not a chore -- I had a chance to be evaluated by professionals as to why I used drugs for so many years. I will admit that occasionally I thought it was a pain in the butt that I had to go and see her every month, but I reminded myself that this was a consequence of my actions. I live in NJ near NYC and whenever I requested permission to cross the river, it was granted. My point is that supervision is really not the worst thing in the world and sure beats prison.

A few months ago I was transferred to a new PO. No longer required to report every month I was quite happy. He visited me once and I haven't heard from now for a few months. As of next month, I will have served 2 years out of my 3 years total. The other day I got a letter from a supervisor telling me to report next week. Now I know I haven't done anything wrong, so I'm hoping maybe they are looking to reduce my supervision (although I don't know how it could much less) or terminate it (I meet requirements posted above). Of course, there's always apprehension when being called in to USPO office...

Anyway, thanks for all the great info. To those of you just starting out on SR, focus on today -- enjoy being out of prison. SR goes much faster, especially if you're not getting in trouble.
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  #86  
Old 07-23-2009, 07:45 PM
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Default still oweing restitution

Is this possible if you still owe restitution? My husband served his year sentace and has served 21 months of his 3 years of SR. However, while we make a monthly restitution payment, he still owes a great deal. His own probation officer has said that he has done "incredibly well" and that his crime was so "low priority" and that my husband has behaved so well that we are "the bottom of his priority list". But still owing restitution would he be eligable for early termination of SR?
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  #87  
Old 07-24-2009, 06:51 AM
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Is probation or supervised release decided on the day of sentencing? Or is this something you can request later?
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  #88  
Old 07-24-2009, 10:40 AM
bellisq bellisq is offline
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Supervised release is decided on the day of sentencing. It is on the judgment and commital form along with the sentence and any special conditions.
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  #89  
Old 07-24-2009, 02:12 PM
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That is true but we were told that you can later petition the courts for termination of the supervised release. Ask the probation officer he should be able to tell you if you can now petition.
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  #90  
Old 07-25-2009, 12:06 PM
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Her loved one is just reaching his BOP designation, so they have a while before they can deal with this. You need to complete a year of SR to ask qualify for ending SR. The PO is not always cooperative but that is not necessary for success.
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  #91  
Old 08-07-2009, 02:27 AM
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When i started supervised release, my po told me that it is the official stance of los angeles probation to deny early termination. She stated that a judge had sentenced me to 3 years, so its expected that i serve the full three.

I just got done in my first year of 3 year supervised release. An i would like to apply for early termination as soon as possible.

Has anyone in LA run into this?
Has anyone run into this elsewhere?

what happens if the PO does not recommend the termination to the judge?
is it worthwhile to get an attorney to move forward?

Thanks
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  #92  
Old 08-26-2009, 09:22 AM
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Yes, if you meet the criteria listed at the beginning of this section you can apply for early termination. My PO just left and he instructed me to contact my prosecutor or judge and seek termination from their end. I am at 10 months of 5 years of supervised release.
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  #93  
Old 08-26-2009, 06:38 PM
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Quote:
Originally Posted by BlueTide73 View Post
First of all, I want to thank everyone for all the valuable information here. From the day I was incarcerated there have been rumors about what comes next -- in the detention center, there were rumors about camp, in camp there were rumors about halfway house, and of course rumors about supervised release. This thread goes a long way toward setting the record straight. Thanks!

I never really thought much about early termination. My first thoughts on supervision were that it was a lot better than being in prison or the halfway house. For the past two years my life has been more or less normal. I sleep in real bed, I eat good food, I go places, I can enjoy the company of a woman... For 20 months, I saw my PO every month and sent in my reports. for 18 months or so I called codaphone every night and went and took a UA whenever they called me (always negative). I also participated in aftercare, seeing a therapist and psychiatrist -- I viewed this as a benefit, not a chore -- I had a chance to be evaluated by professionals as to why I used drugs for so many years. I will admit that occasionally I thought it was a pain in the butt that I had to go and see her every month, but I reminded myself that this was a consequence of my actions. I live in NJ near NYC and whenever I requested permission to cross the river, it was granted. My point is that supervision is really not the worst thing in the world and sure beats prison.

A few months ago I was transferred to a new PO. No longer required to report every month I was quite happy. He visited me once and I haven't heard from now for a few months. As of next month, I will have served 2 years out of my 3 years total. The other day I got a letter from a supervisor telling me to report next week. Now I know I haven't done anything wrong, so I'm hoping maybe they are looking to reduce my supervision (although I don't know how it could much less) or terminate it (I meet requirements posted above). Of course, there's always apprehension when being called in to USPO office...

Anyway, thanks for all the great info. To those of you just starting out on SR, focus on today -- enjoy being out of prison. SR goes much faster, especially if you're not getting in trouble.
Same situation here (Jersey Shore)

I have 6 years SR...2 left. My SR has not been too bad at all since I got my act together. I did 6 months in a HWH in Newark so I got scared straight. My PO just dropped me from his case load (i only saw him every 6 weeks at this point) bc he only handles the cases who need extra supv. Now I havent heard from my probation office in close to 4 months. Im waiting for that letter for my new PO assignment. I hate that I have to build a relationship up again after 4 years...oh well..at least im not behind the wall.

FWIW...I was told in that they (the POs in my county) dont support early termination. He also told me not to even daydream about it until I had 75-85% in after my release date (from the HWH). My PO actually told me "we dont do early termination here".

I am going to go for it anyway next July when I have 5 years in (1 year left).
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  #94  
Old 08-26-2009, 07:27 PM
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Arrow Form that your PO submits - Order of Discharge and Dismissal Under 18 U. S. C. § 3607

Quote:
Originally Posted by Federal PO View Post
There are always questions about this topic, and also alot of bad information floating around out there that ontributes to people's confusion. Hopefully a moderator can hit this as a sticky to answer some of the questions that get asked frequently.

Title 18 of the US Code, sections 3564© and 3583(e)(1) give the Court the authority to terminate a term of probation in a misdemeanor case at any time, and supervised release or probation in a felony case after serving one year of supervision if the Court is satisfied that such action is warranted by the conduct of an offender and is in the interest of justice.

While the statutory rules guide the Judge, the probation office has several national policies that it has developed to determine who to recommend for early termination. The March 2005 revision to the Probation Monograph 109 instructs probation officers that they should consider the suitability of early termination for offenders as soon as they are statutorily eligible. The general criteria set forth in the monograph for assessing whether a statutorily eligible offender should be recommended to the Court as an appropriate candidate for early termination are listed below. Offenders with identified risks to the community (like numbers 8 and 9 below) should not be recommended for early termination. However, the failure to meet the other criteria listed below should not automatically exclude an offender from further consideration. The appropriateness of early termination should be based on the offender’s overall progress in meeting supervision objectives and should include an evaluation of all the circumstances in the individual case.

In general, the criteria for recommending early termination are:

1)Stable community re-integration (e.g., residence, family, employment)
2)Progressive strides toward supervision objectives, and compliance with all conditions of supervision
3)No aggravated role in the offense of conviction, especially in large drug or fraud cases
4)No history of violence(e.g., sexually assaultive, predatory behavior, or domestic violence)
5)No recent arrests or convictions (including unresolved poending charges)or ongoing uninterrupted patterns of criminal conduct
6)No recent evidence of drug or alcohol abuse
7)No recent psychiatric episodes
8)No identifiable risk to the safety of any identifiable victim
9)No identifiable risk to public safety based on the Risk prediction Index (RPI)

The existence of an outstanding financial penalty per se does not adversely affect termination eligibility as long as the offender has been paying in accordance with the payment plan.

Review for suitability for a recommendation for early termination should be discussed with the supervisor as part of the periodic case evaluation process. If the Court denies early termination of an eligible offender, the case should ordinarily be supervised under low intensity supervision standards.

With all this being said, some Judges have developed policies for their own courts that they have instructed probation officers to follow, in addition to the ones described in the monograph.
Below is a link that goes directly to the form that your PO submits to the judge for early termination. There isn't much to it so I would really put together a good letter as to why YOU should be released. And it shouldn't be bc "I've changed" either

AO-246A
http://www.uscourts.gov/forms/forms_...fm#Presentence

There are quite a few interesting documents here...
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  #95  
Old 08-26-2009, 10:24 PM
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Angry LOS ANGELES - probation position is to oppose

again, my po said that her district opposes all such requests?
anyone else ever been in that situation and still gotten early termination?

Supervised release is a huge burden because I am not able to travel. Its a burden on my family. I am also not able to own a business because of the strict financial auditing procedures. I really would like to do anything to get off asap.

I am 1/3 in on a 3 year.
should i wait until 50% mark?
should i file with an attorney?

anyone have specific experience in LOS ANGELES?
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  #96  
Old 08-27-2009, 05:43 PM
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Early termination, at least in the Second Circuit (NY) is next to impossible. See http://www.whitecollarfederalcrime.com/2009/08/forget-about-early-termination-of.html
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  #97  
Old 09-24-2009, 10:43 AM
Peter Teaff Peter Teaff is offline
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Default six more years to go

Does anyone have a step by step manual on how to apply for early termination of Probation or supervised release without using an attourney?
Quote:
Originally Posted by Federal PO View Post
There are always questions about this topic, and also alot of bad information floating around out there that ontributes to people's confusion. Hopefully a moderator can hit this as a sticky to answer some of the questions that get asked frequently.

Title 18 of the US Code, sections 3564© and 3583(e)(1) give the Court the authority to terminate a term of probation in a misdemeanor case at any time, and supervised release or probation in a felony case after serving one year of supervision if the Court is satisfied that such action is warranted by the conduct of an offender and is in the interest of justice.

While the statutory rules guide the Judge, the probation office has several national policies that it has developed to determine who to recommend for early termination. The March 2005 revision to the Probation Monograph 109 instructs probation officers that they should consider the suitability of early termination for offenders as soon as they are statutorily eligible. The general criteria set forth in the monograph for assessing whether a statutorily eligible offender should be recommended to the Court as an appropriate candidate for early termination are listed below. Offenders with identified risks to the community (like numbers 8 and 9 below) should not be recommended for early termination. However, the failure to meet the other criteria listed below should not automatically exclude an offender from further consideration. The appropriateness of early termination should be based on the offender’s overall progress in meeting supervision objectives and should include an evaluation of all the circumstances in the individual case.

In general, the criteria for recommending early termination are:

1)Stable community re-integration (e.g., residence, family, employment)
2)Progressive strides toward supervision objectives, and compliance with all conditions of supervision
3)No aggravated role in the offense of conviction, especially in large drug or fraud cases
4)No history of violence(e.g., sexually assaultive, predatory behavior, or domestic violence)
5)No recent arrests or convictions (including unresolved poending charges)or ongoing uninterrupted patterns of criminal conduct
6)No recent evidence of drug or alcohol abuse
7)No recent psychiatric episodes
8)No identifiable risk to the safety of any identifiable victim
9)No identifiable risk to public safety based on the Risk prediction Index (RPI)

The existence of an outstanding financial penalty per se does not adversely affect termination eligibility as long as the offender has been paying in accordance with the payment plan.

Review for suitability for a recommendation for early termination should be discussed with the supervisor as part of the periodic case evaluation process. If the Court denies early termination of an eligible offender, the case should ordinarily be supervised under low intensity supervision standards.

With all this being said, some Judges have developed policies for their own courts that they have instructed probation officers to follow, in addition to the ones described in the monograph.
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  #98  
Old 09-24-2009, 07:00 PM
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Default step by step manual on how to apply for early termination of Probation or supervised

Quote:
Originally Posted by Peter Teaff View Post
Does anyone have a step by step manual on how to apply for early termination of Probation or supervised release without using an attourney?
You don't need a lawyer. It's not complicated. The chances vary.

You simply write a letter to the judge (with copies to the Probation Dept and the US Attorney) after you have been on probation for at least a year. You ask the judge to terminate probation early, as provided for under the law.

However, the thing to keep in mind is that there is no uniformity. Different circuits have different policies, and so do different prosecutors and probation departments. Judges may also have their own policies. It's all at the judges discretion. I am most familiar with the Southern District of NY. There early termination is relatively rare, as the Second Circuit ruled that it is proper only in "exceptional",circumstances. In other jurisdictions, it is almost routine. Some Probation Officers initiate early termination, while others oppose as a matter of policy. Still others take no stand.

Obviously, someone with run-ins with the Probation Department is not a good candidate.

Full payment of fines and restitution is not mandatory, as long as you keep to whatever what was agreed to.

The keys things are to demonstrate that you meet the criteria set out in the earlier post, and to show that you have gone above and beyond (e.g., significant voluntary community service), etc.

Unfortunately, at the end of the day, it's mostly luck of the draw.
Good luck to all.
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  #99  
Old 01-05-2010, 02:20 PM
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I need the forms to take to court. I have been on supervised release for 3 years and my P.O. said I could download the forms myself and possibly recieve early release. Have any ideas where I can recieve these forms?
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Old 01-24-2010, 09:00 PM
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Question I have all of these

I guess I am asking what the statue is for felony; I have had nothing negative in 2 years and have had the same job same residence custody of my kids no past due bills bought a car maintained my payments and paid off all of my debt.. I have good family support and no drugs or alcohol use no psych.. etc not even a traffic ticket but my PO thinking that I only had three years said I could be done now... but I informed him I was sentenced to 5 years and he said Id have another year to go... for 2/3 of 5 years.. do I have to have his approval to ask the court for release?




Quote:
Originally Posted by Federal PO View Post
There are always questions about this topic, and also alot of bad information floating around out there that ontributes to people's confusion. Hopefully a moderator can hit this as a sticky to answer some of the questions that get asked frequently.

Title 18 of the US Code, sections 3564© and 3583(e)(1) give the Court the authority to terminate a term of probation in a misdemeanor case at any time, and supervised release or probation in a felony case after serving one year of supervision if the Court is satisfied that such action is warranted by the conduct of an offender and is in the interest of justice.

While the statutory rules guide the Judge, the probation office has several national policies that it has developed to determine who to recommend for early termination. The March 2005 revision to the Probation Monograph 109 instructs probation officers that they should consider the suitability of early termination for offenders as soon as they are statutorily eligible. The general criteria set forth in the monograph for assessing whether a statutorily eligible offender should be recommended to the Court as an appropriate candidate for early termination are listed below. Offenders with identified risks to the community (like numbers 8 and 9 below) should not be recommended for early termination. However, the failure to meet the other criteria listed below should not automatically exclude an offender from further consideration. The appropriateness of early termination should be based on the offender’s overall progress in meeting supervision objectives and should include an evaluation of all the circumstances in the individual case.

In general, the criteria for recommending early termination are:

1)Stable community re-integration (e.g., residence, family, employment)
2)Progressive strides toward supervision objectives, and compliance with all conditions of supervision
3)No aggravated role in the offense of conviction, especially in large drug or fraud cases
4)No history of violence(e.g., sexually assaultive, predatory behavior, or domestic violence)
5)No recent arrests or convictions (including unresolved poending charges)or ongoing uninterrupted patterns of criminal conduct
6)No recent evidence of drug or alcohol abuse
7)No recent psychiatric episodes
8)No identifiable risk to the safety of any identifiable victim
9)No identifiable risk to public safety based on the Risk prediction Index (RPI)

The existence of an outstanding financial penalty per se does not adversely affect termination eligibility as long as the offender has been paying in accordance with the payment plan.

Review for suitability for a recommendation for early termination should be discussed with the supervisor as part of the periodic case evaluation process. If the Court denies early termination of an eligible offender, the case should ordinarily be supervised under low intensity supervision standards.

With all this being said, some Judges have developed policies for their own courts that they have instructed probation officers to follow, in addition to the ones described in the monograph.
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