Sec. 606. Graduated sanctioning system
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Not later than 1 year after the date of the enactment of this section, the United States Probation and Pretrial Services and the Criminal Law Committee of the Judicial Conference shall develop a standardized graduated sanctioning system (hereinafter in this section referred to as the system ), to guide probation officers in determining suitable sanctions in response to technical violations of supervision. The United States Sentencing Commission shall publish these factors and amend its guidelines and policy statements so that they are consistent.
The system shall— provide a range of possible sanctions, from less severe to more severe; and allow officers to respond quickly to technical violations of supervision. In designing the graduated sanctioning system, the United States Probation and Pretrial Services and the Criminal Law Committee of the Judicial Conference shall use available research and best evidence-based practices in the field, and shall consult with other stakeholders, including current trial attorneys from the Department of Justice and a Federal Public or Community Defender from the Defender Services Advisory Group.
Graduated sanctions may include— verbal warnings; increased reporting requirements; curfew requirements; electronic monitoring; increased substance abuse testing or treatment; mental health counseling or treatment; behavioral therapy or anger management; community service; and loss of earned discharge credits pursuant to section 3610. In determining appropriate sanctions, the United States Probation and Pretrial Services and the Criminal Law Committee of the Judicial Committee shall consider— the severity of the current violation; the number and severity of previous supervision violations; the rehabilitative options available; and the costs of incarceration.
The Criminal Law Committee of the Judicial Conference and the United States Probation and Pretrial Services, in consultation with the Federal Judicial Center, shall develop training protocols for staff responsible for recommending graduated sanctions and for court-appointed counsel, which shall include— initial training to educate staff and judges on how to use the graduated sanctioning system, as well as an overview of the relevant research regarding supervision practices shown to reduce recidivism and improve offender outcomes; continuing education; and periodic training updates.
In order to ensure that the United States Probation and Pretrial Services is using graduated sanctions in an appropriate and consistent manner, the Judicial Conference in consultation and coordination with the Chief Judge of each Federal District Court shall— establish performance benchmarks and performance assessments for probation officers, probation supervisors, and probation and pretrial services; and establish additional continuous quality improvement procedures related to the implementation and use of graduated sanctions that include, but are not limited to, data collection, monitoring, periodic audits, probation officer and supervisor performance assessments, and corrective action measures.