Modification and Termination

In the following two cases, list the violations of supervision that are applicable. What decision would you
make in each case? Your choices are: (a) modification and retention under community supervision; (b)
modification with some other graduated sanction; or (c) revocation and return to jail or prison. Pick one
response for each case and fully justify your decision.
Case A: Probationer Conner, Possession of an Explosive Device
Probationer Conner is under supervision for Possession of an Explosive Device, which was an undetonated
homemade bomb. Mr. Conner has three years of college education (major in physics) and reportedly has an
IQ of 125. Given his particularly eccentric behavior during pretrial, the special conditions of his supervision
require that he obtain a comprehensive mental health diagnosis. Shortly after Mr. Conner’s supervision term
begins, he tests positive for marijuana use. When confronted by his probation officer, he admits to using
marijuana. However, he states that he uses marijuana to self-medicate because it helps calm him, and he
feels that he would commit violent acts if he were to cease its use. At this point Mr. Conner is not
undergoing substance abuse treatment nor has he been court-ordered to do so. The probation officer
reminds Mr. Conner of a condition of supervision that he neither use nor possess illegal drugs and advises
him that his use of illegal substances cannot be allowed, adding that the sentencing court would be advised
of any violation.
The probation officer immediately refers Mr. Conner for a psychiatric evaluation to determine whether he
would benefit from psychotropic medication. The psychiatrist diagnoses him with Bipolar Affective Disorder,
Type II, and prescribes Depakote, which takes up to two weeks to take effect. However, this medication
requires regular lab work to evaluate its effectiveness. Mr. Conner fails to attend his next appointment with
the psychiatrist, so you are unsure as to whether he is taking his Depakote medication regularly. Results of
a urine specimen taken from him a week after his evaluation by the psychiatrist reveal trace amounts of
Depakote but also that Mr. Conner has used both marijuana and methamphetamine. What should you as
the probation officer do next?
Case B: Parolee York, Aggravated Assault
Parolee York was convicted and sent to prison for two years for aggravated assault. She has a history of
violent behavior and anger management issues. She has no known drug nor alcohol problems and until
recently was a dishwasher at Joe’s Pancake House. She has been under parole supervision with you for
the last five months and for a time was reporting regularly. Special conditions of Ms. York’s supervision
require she complete anger management classes by the end of her term, which is supposed to end in
seven months if all goes well. Anger management treatment takes three months, and the program has a
waiting list of clients who are court-ordered to attend treatment. Ms. York had repeatedly stated she would
undergo an anger management assessment but just never has. When you call to verify employment at the
restaurant, her employer says that she quit coming three weeks ago and has been replaced by another
dishwasher.
Now two weeks have gone by since you called Joe’s Pancake House and still no sign of Ms. York. She
won’t return your phone calls. She missed her regular appointment with you this afternoon. You called the
jail to see whether she had been picked up, but police have had no contact with her. What should you do
next?