SR ETEC Instructions

Introduction

This guide provides a structured overview of the SR Early Termination Calculator (SR ETEC).  This tool is designed to assist probation officers, supervisors, judges, and lawyers in evaluating eligibility for early termination of supervised release. By organizing key input fields, assessment criteria, and output summaries, the calculator streamlines decision-making and supports consistent documentation.

SR Early Termination Calculator Instructions

🔢 Input Fields

Beginning Notes:
– This calculator will recompute and populate with each entry.
– This calculator will show the form as “incomplete” until it has enough data to begin to formulate a recommendation.

Offender Information

  • Offender’s Name: Full legal name of the individual.
  • Offender’s Age: Current age in years.
  • Criminal History Category: Select their Criminal History Category (I-VI)
  • Type of Offense: Select “Felony” or “Misdemeanor.”
  • Date Placed on Supervised Release: Use MM/DD/YYYY format.
  • Supervised Release Term (Years): Total duration of supervised release ordered by the court. [Note: If the term is not in full years, make a portion of years into a decimal, ie, 18 months would be 1.5 years]

Government & Risk Considerations

  • Government Position: Select “Yes”(supports), “No” (opposed) or “Unknown”.
  • Career Criminal / Drug Offender / Sex Offender / Engaged in Terrorism: Select “Yes” or “No” for each. These flags may affect consideration.

Probation Officer Assessment

Each item below should be answered “Yes” or “No” based on the most recent review:

  • Violation-Free for 12 Months: No reported violations in the past year.
  • Poses No Risk of Harm: Assessed as not posing a threat to the public or victims.
  • Demonstrates Ability to Lawfully Self-Manage: Shows independence and lawful behavior.
  • Engages in Prosocial Activities: Participates in work, education, or community service.
  • Receives Sufficient Prosocial Support: Has stable relationships or support systems.
  • Substantial Compliance: Overall adherence to release conditions.
  • Demonstrates a Reduction in Risk: Evidence of improved behavior or reduced risk factors.

Note: A Yes for all questions will be required to provide for a positive recommendation for early termination

Completion and Recommendation

Once all required fields are completed, the form status should change to “complete.”  Possible recommendations:

  • Presumptive Recommendation
  • Recommended
  • Eligible for consideration
  • Not Recommended
  • Ineligible

Supervisor Review

In the event the probation officer does not recommend early termination, their supervisor must complete a review to determine if they agree with that assessment.  This will include:

  • Supervisor Review Status: “NA, Pending” or “Complete.”
  • Supervisor Review Date: Date of supervisor’s review (MM/DD/YYYY).
  • Supervisor Review Decision: Supervisor’s final recommendation (“Yes” or “No”).

Legal Motion Status

If early termination is deemed appropriate, the probation office should initiate a motion for termination or advise the supervisee that probation would not oppose such a motion.

  • Motion for Early Termination Filed: Indicates if a motion has been submitted.
  • Motion for Early Termination Granted: Indicates if the motion was approved.
  • Next Review Date: Scheduled date for reassessment (MM/DD/YYYY).

📊 Output Fields

After completion, the calculator provides summaries:

  • Offender’s Name
  • PO’s Recommendation
  • Supervisor’s recommendation, if needed
  • Schuman Termination Standard Summary
  • Government’s Position
  • High Risk Offender Status (Judicial Conference definition)
  • Form Status
  • Current Date
  • Last Review Date
  • Next Review Date, one year from the current or last review date, whichever is sooner

Automatically Calculated/Summarized Fields:

  • Full Termination Date
  • Time on Supervised Release (Months)
  • Time Remaining (Months)
  • Schuman Termination Standard Summary
  • Meets 18-Month Minimum for Standard
  • Reoffending Probability
  • Probability of Low Reoffending Date
  • Meets 5% or Less Probability of Reoffending
  • Full Compliance Date
  • Meets Full Compliance Date
  • Recommendation Summary

Additional notes:

1. For Lifetime supervision:

  • Time to Expiration of term will be filled as “Upon Death”
  • Time remaining on Supervised Release (Months) will be filled as “Infinite”

2. To achieve a “Presumptive Recommendation,” the supervisee must meet the criteria in the “Guide to Judicial Policy:”

  • Completed 18 months of supervision
    • 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
    • The person presents no identified risk of harm to the public or victims
    • Free from any court-reported violations over a 12-month period
    • Demonstrates the ability to lawfully self-manage beyond the period of supervision
    • In substantial compliance with all conditions of supervision
    • Engages in appropriate prosocial activities
    • Receives sufficient prosocial support to remain lawful well beyond the period of supervision.

3. High Risk Persons MUST also be considered for termination based upon the following criteria:

  • 18 months of supervision
  • Demonstrated a reduction in risk (as demonstrated by a reduction in PCRA (level/category)
  • Substantial compliance with the factors provided above must be considered for early termination

This project is based mainly on the work in the following references:

– Schuman, Jacob, Terminating Supervision Early (August 23, 2024). American Criminal Law Review, Forthcoming, Temple University Legal Studies Research Paper No. 2024-34,  https://ssrn.com/abstract=4934669 or http://dx.doi.org/10.2139/ssrn.4934669

– Guide to Judiciary Policy, Vol. Vol. 8: Probation and Pretrial Services Pt. E: Post-Conviction Supervision

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