§ 360.20 Early Termination – Guide to Judicial Policy, Vol. 8E, Ch. 3
(a) Under 18 U.S.C. §§ 3564(c) and 3583(e)(1), the court may terminate:
(1) terms of probation in misdemeanor cases at any time; and
(2) terms of supervised release or probation in felony cases after the expiration of one year of supervision, if the court is satisfied that such action is warranted by the conduct of the person under
supervision and is in the interest of justice.
(Note: Early termination of parole cases is governed by the U.S. Parole Commission Rules and Procedures Manual, Section 2.43.)
(b) During the first 18 months of supervision, the appropriateness of early termination must be based on the person’s overall progress in meeting supervision objectives, to include having:
(1) substantially satisfied the requirements of the court order; and
(2) demonstrated a willingness and capability to remain lawful beyond the period of supervision.
Note: Officers should not recommend persons for early termination who have an identified higher risk to community safety.
(c) At 18 months, there is a presumption in favor of recommending early
termination for persons who meet the following criteria:
(1) The person does not meet the criteria of a career drug offender or career criminal (as described in 28 U.S.C. § 994(h)) or has not committed a sex offense or engaged in terrorism;
(2) The person presents no identified risk of harm to the public or victims;
(3) The person is free from any court-reported violations over a 12-month period;
(4) The person demonstrates the ability to lawfully self-manage beyond the period of supervision;
(5) The person is in substantial compliance with all conditions of supervision; and
(6) The person engages in appropriate prosocial activities and receives sufficient prosocial support to remain lawful well beyond the period of supervision.
(d) After 18 months, higher risk persons under supervision who have demonstrated a reduction in risk (as demonstrated by a reduction in PCRA level/category) and who are in substantial compliance with the factors provided above must be considered for early termination.
(e) The existence of an outstanding financial penalty does not adversely affect early termination eligibility, as long as the person under supervision is in compliance with the payment plan for the prior 12 months.
(f) Officers should consider early termination for all persons who have been supervised for 12 months under low-risk supervision standards and who otherwise meet the eligibility criteria. At that time, the supervisor should approve, in a chronological record entry, any decision not to petition the court for early termination. The supervisor should then set the timeframe for the next early termination review.
