Program Goals
Michigan's Swift and Sure Sanctions Probation Program is an alternative-to-incarceration program designed to respond swiftly to probation violations of those at high risk of re-offending. At the individual level, the program is designed to increase their compliance with the terms of probation and reduce substance use; at the programmatic level, the program is designed to reduce the time between probation violations and imposed sanctions, the number of probation violations, the number of probation revocations, and the number of reincarcerations. The overall goal of the Swift and Sure Sanctions Probation Program is to reduce recidivism among program participants.
Target Population/Eligibility
The target population is high-risk persons on probation. High-risk was defined by the Michigan State Court Administrative Office as scoring an 8 or higher on the Correctional Offender Management Profile for Alternative Sanctions (known as COMPAS) risk/needs assessment and having a history of noncompliance with probation. The assessment is conducted by a Michigan Department of Corrections agent to determine eligibility for the program.
Program Components
Michigan's Swift and Sure Sanctions Probation Program was first initiated in 2011 as a pilot program modeled after Hawaii’s Opportunity Probation with Enforcement program. In 2012, Michigan’s Public Act 616 expanded the Swift and Sure Sanctions Probation Program to additional sites and outlined mandatory elements for all programs. These elements are a) clearly established eligibility criteria, b) the initial warning hearing, c) regular probation meetings, d) violation hearings within 72 hours, e) possible sanctions (e.g., confinement in jail, additional reporting requirements) and remedies (e.g., counseling for mental health and/or substance use, increased drug/alcohol testing), f) the need to create a sanctions grid, and g) the need to establish criteria for deviating from established sanctions/remedies in special circumstances. Outside of those required program elements, county officials can structure their program at their discretion. There are now approximately 25 programs in operation in Michigan (DeVall et al. 2017).
Participation in the Swift and Sure Sanctions Probation Program is not voluntary, and persons on probation are not offered any legal incentives to participate (such as time off their sentence). The court determines the length of the program and the conditions for program completion (i.e., entirety of probation, step down to regular probation after time of successful participation, and/or discharged from probation after period of successful participation). Participants are informed of their probation terms in an initial warning hearing. During this hearing, they are notified of the purpose of the program, the specific probation conditions, the expectations for participants of the Swift and Sure Sanctions Probation Program, and the consequences for failing to comply with those expectations. Participants are given a sanctions document that describes probation violations and the subsequent sanctions. Participants are required to meet with their probation agent and the Swift and Sure Sanctions Probation Program staff and to submit to drug testing as needed. Probation agents and court staff are responsible for monitoring participants. Participants appear before the judge only at the initial warning hearing and for probation violations (MSCAO 2016).
Violations to probation requirements are formally addressed by the court in sanctions hearings, typically held within 72 hours of reporting the violation to the court. Violations are met swiftly with sanctions that are proportional to the magnitude of the violation and the accountability of the participant. For example, a positive drug test where the participant admitted use may result in less time in jail than someone who will not accept accountability despite a confirmed positive drug test result. Sanctions imposed by the court can include temporary incarceration, extension of supervision, additional reporting or compliance requirements, drug and/or alcohol testing, counseling and treatment for behavioral or mental health problems including substance use, and probation revocation (MSCAO 2016).
