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Old 03-24-2011, 09:37 PM
justagirlinsc justagirlinsc is offline
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Question SC Early termination of supervised release

My boyfriend is on superised release in SC and I am wanting information about termination of supervised release after 1 year. He has been given three years but we were told we could apply for termination after just one. I have been told it has alot to do with the courts and wonder what it is like in the SC district. Please share if you have any experience with this.
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Old 03-25-2011, 10:53 AM
fbopnomore fbopnomore is online now
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This was posted here in 2009, hope it helps

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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