Probation and parole supervision increasingly relies on 24/7 surveillance by complex technology. Next-generation electronic monitoring technology incorporates advanced sensors and artificial intelligence, which do not always produce accurate results. Alcohol- and drug-testing methods also continue to evolve. Despite the fallibility of these technologies, jurisdictions across the country use them to justify revoking parole or probation and incarcerating people, with limited scrutiny of whether the technology works as advertised.
This Samuelson Clinic white paper brings attention to this issue. It surveys the community supervision technologies used today, then analyzes probation and parole revocation procedures in selected jurisdictions to show how they can fail to uncover flaws in complicated technological evidence. It also calls for codifying procedural reforms, providing technology training for decision makers, and limiting incarceration for technical violations.
When the state incarcerates people based on complex technological assertions, it must, at a minimum, ensure accuracy. Otherwise, people will go to prison having done nothing wrong. This white paper explains how judges, parole boards, and legislators can take steps now toward fairness.
If you are seeking assistance related to emerging community supervision technologies, such as training for decision makers, please contact Juliana DeVries or Catherine Crump.