For People Under Probation, Conditions Meant to Support Behavior Change Can Burden More Than Benefit

Overview

Probation supervision can serve as an alternative to incarceration and has been considered a privilege because it allows individuals to remain in the community rather than serving their full sentences in jail or prison. However, that privilege might come with many mandatory requirements that can consume the life of the person under supervision. There are often required treatment appointments, probation office visits, curfews, and other supervision obligations that must be met; otherwise, an individual may receive a sanction. Most probation departments use a standard list of conditions for all people on probation, and special conditions can be added to match an individual’s risk of re-offending and/or particular needs. Probation conditions are part of each person’s case plan and are often increasingly onerous depending on the level of supervision. An individual assessed as having a high level of risk to commit another offense—based on an assessment tool—has more stringent conditions than those with moderate or low levels.

For instance, some people are on probation because of a criminal charge they received related to their substance use disorder. They might then be assigned random urinalysis screenings to monitor illicit drug use, often called a “color code.” This practice requires that individuals be assigned a color and then must call an assigned phone number at a specific time each night to find out if their color has been designated for screening the following day. If their assigned color is called, the individuals must report for drug screening at a particular location during a specific time. They must immediately rearrange their lives to accommodate this requirement within the designated reporting times regardless of their work, treatment, or family’s schedule.

An individual’s case plan may also account for mental health issues and/or substance use disorders. These behavioral health concerns are prevalent among those on supervision. Approximately 16% to 27% of people on probation have a mental illness¹ and are almost three times more likely to have a substance use disorder² than the general population. People with behavioral health issues may be required to enroll in treatment for mental health, substance use, or both. They may also opt into voluntary recovery programs related to skill-building and mental wellness as part of their case plan. Although this can be an opportunity to address an individual’s needs, a voluntary program becomes part of the case and another condition that a person must comply with; failure to do so could result in a probation violation and even incarceration.

Beyond managing all the mandatory requirements of their supervision conditions and case plan, people on probation must also deal with the same needs and priorities as anyone who is not on probation. This may include family obligations, parenting, and physical health, along with meeting one’s spiritual needs and financial obligations.

Research shows that 66% of people on probation make less than $20,000 per year.³ When individuals are indigent while on probation, they may need to seek out safety net programs such as disability insurance, Medicaid, Temporary Assistance for Needy Families, and the Supplemental Nutrition Assistance Program (SNAP) to supplement earnings so they can care for themselves and their family. Accessing and navigating these complex systems often come with their own difficulties, including unclear application processes⁴ and lengthy waiting periods.⁵ Some individuals on probation may be required to participate in family court in addition to criminal court if they lost custody of children while incarcerated or fell behind on child support payments. This situation may require its own conditions, such as parenting classes,⁶ and can add to the challenges in meeting all of the probation requirements.

People on probation often report that transportation⁷ is a large roadblock to supervision compliance. If people live in a rural area, have their license revoked because of a court sanction, do not live on a public transportation line, or are unable to afford transportation, simply attending probation office visits and treatment appointments can be a daily struggle. Even when available, public transit options require planning and money and may include bus transfers, which can add hours of travel time to a trip that would have taken a fraction of that time in a car.  

The scenarios and schedules that follow are drawn from situations that probation clients might experience. They are meant to provide a snapshot of what challenges may look like when planning one’s life while complying with probation conditions.