Creating a Reentry Court by Wagging the ‘Probation Tail’

Therapeutic Jurisprudence in the Mainstream, 2017 (Forthcoming)

Arizona Legal Studies Discussion Paper No. 17-05

3 Pages Posted: 21 Mar 2017  

David B. Wexler

University of Puerto Rico - School of Law; University of Arizona James E. Rogers College of Law

Michael D. Jones

Arizona Summit Law School

Date Written: March 18, 2017

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

Suggested Citation

Wexler, David B. and Jones, Michael D., Creating a Reentry Court by Wagging the ‘Probation Tail’ (March 18, 2017). Therapeutic Jurisprudence in the Mainstream, 2017 (Forthcoming); Arizona Legal Studies Discussion Paper No. 17-05. Available at SSRN: https://ssrn.com/abstract=2938119

David B. Wexler (Contact Author)

University of Puerto Rico - School of Law ( email )

PO Box 23349
San Juan.PR, AZ 00931
Puerto Rico
787-565-1625 (Phone)

HOME PAGE: https://law.arizona.edu/david-b-wexler

University of Arizona James E. Rogers College of Law

P.O. Box 210176
Tucson, AZ 85721-0176
United States
787-565-1625 (Phone)

HOME PAGE: https://law.arizona.edu/david-b-wexler

Michael D. Jones

Arizona Summit Law School ( email )

One North Central Ave.
14th Floor
Phoenix, AZ 85004-4414
United States

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