Creating a Reentry Court by Wagging the ‘Probation Tail’

Abstract

This short essay explains how a device already used in Arizona, and known as a "probation tail", can be used by judges in appropriate cases to in essence create a reentry court. The original purpose of the probation tail device (an incarcerative sentence followed by a consecutive sentence of probation) was to ensure community supervision by well-trained and well-resourced probation officers, rather than by overburdened and underfunded parole officers. Our proposal is that efforts would be undertaken to allow for a seamless transition from incarceration to probation; in appropriate cases, the tail would include periodic status hearings, and eventual termination (or somewhat early termination) would include a brief "ceremony" with the presence of a handful of family and friends. All of these measures, of course, should facilitate a successful reentry to the community.

Keywords: therapeutic jurisprudence, reentry, reentry courts, sentencing, probation, probation tail