In the United States, there is a common misconception that the majority of rearrests for individuals on parole and probation are due to technical violations. However, according to the US Department of Justice and the US Sentencing Commission, this is not the case. The overwhelming percentage of released offenders who are rearrested during and after their period of community supervision are arrested for new crimes, not technical violations. Technical violations, such as failing a drug test or missing a curfew, are often intermingled with new criminal charges [e02cba4e].
The Bureau of Justice Statistics has found that almost all prisoners who are re-arrested are arrested for an offense other than a probation or parole violation. Additionally, the Council of State Governments Justice Center has reported that nearly half of the people admitted to state prisons in the US are there because of violations of probation or parole, with the majority of these violations being minor infractions. This data challenges the notion that technical violations are the primary reason for parole and probation arrests [e02cba4e].
These findings have significant implications for the criminal justice system and highlight the need for reform in probation and parole systems. Criminal justice advocates argue that focusing on rehabilitation and support rather than punitive measures for minor infractions could lead to better outcomes for individuals on parole and probation. By addressing the underlying issues that contribute to criminal behavior, such as substance abuse or lack of access to mental health services, the likelihood of re-arrest could be reduced. This approach aligns with the broader movement towards criminal justice reform, which seeks to create a more equitable and effective system [e02cba4e].