Swift and certain probation: Assessing fidelity to the HOPE model1
| Author | Rae Taylor,Jahdai Kennedy,Kelly Frailing,Victoria Rapp |
| DOI | 10.1177/2066220320976111 |
| Published date | 01 December 2020 |
| Date | 01 December 2020 |
| Published By | Sage Publications, Inc. |
| Subject Matter | Original Articles |
https://doi.org/10.1177/2066220320976111
European Journal of Probation
2020, Vol. 12(3) 265 –281
© The Author(s) 2020
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/2066220320976111
journals.sagepub.com/home/ejp
Swift and certain probation:
Assessing fidelity to the HOPE
model1
Kelly Frailing , Jahdai Kennedy,
Rae Taylor and Victoria Rapp
Loyola University New Orleans, USA
Abstract
While outcomes for HOPE and HOPE-like probation programs have received a good
deal of attention in the literature, there is arguably less focus on implementation
of those programs with fidelity to the HOPE model. This study describes one such
program, the Swift and Certain Probation program in Jefferson Parish, Louisiana, and
the degree to which it was implemented with fidelity using the list of elements laid out
in the Demonstration Field Experiment (DFE) Final Report. We observed the Swift
and Certain Probation program for two years and found that it is implemented with
fidelity across many, but not all, of the elements of HOPE. We conclude with lingering
issues for both the implementation and evaluation of HOPE and, especially, HOPE-like
programs.
Keywords
HOPE, implementation, swift and certain probation
Introduction
Since the Hawaii’s Opportunity Probation with Enforcement (HOPE) model was imple-
mented in 2004 by Judge Steven Alm, of Hawaii’s First Circuit Court, and Probation
Section Administrator Cheryl Inouye, promising evaluations of the program (Hawken
and Kleiman, 2009) led to the implementation of similar programs across the U.S.
(Nagin, 2016). Evaluations of those programs have resulted in conflicting findings, with
some reporting positive outcomes similar to the original HOPE model (Hamilton et al.,
2016), and others finding less effective, no effect, or even negative effects on participant
outcomes (e.g. Lattimore et al., 2016; O’Connell et al., 2016).
Corresponding author:
Kelly Frailing, Department of Criminology and Justice, Loyola University New Orleans, 6363 St. Charles
Avenue, New Orleans, LA 70118, USA.
Email: klfraili@loyno.edu
976111EJP0010.1177/2066220320976111European Journal of ProbationFrailing et al.
2020
Original Article
266 European Journal of Probation 12(3)
The disparate findings of the studies, as well as philosophical contentions have fueled
sharp criticisms from some, who contend the HOPE and HOPE-like programs are flawed
and should be discontinued (Cullen et al., 2016, 2018; Duriez et al., 2014). Program sup-
porters, including Judge Alm, maintain that the HOPE program, when implemented with
fidelity, is a more effective community supervision model in terms of reducing recidi-
vism, drug use, incarceration, and criminal justice costs, compared to standard probation
programs (Alm, 2016; Hawken and Kleiman, 2009).
We believe that program fidelity might explain some of the discrepancy in evaluation
studies and that a great deal more research is warranted in implementation with fidelity
to the end of more thoroughly understanding outcomes for HOPE and HOPE-like pro-
grams. In this article, we describe the literature on Hawaii’s Opportunity Probation with
Enforcement (HOPE)2 and HOPE-like models. We then describe one HOPE-like pro-
gram, the Swift and Certain (SAC) probation program in Jefferson Parish, Louisiana and
assess the degree to which it was implemented with fidelity to the HOPE model. We
conclude with a brief summary of changes to the program since the COVID-19 pandemic
began, and more broadly, with a comparison of two lists of key elements of HOPE, and
possible approaches to measuring the heretofore neglected elements.
Hawaii’s opportunity probation with enforcement (HOPE) and HOPE-like
models
The HOPE model is based on deterrence, where punishment is supposed to discourage
continued criminal behavior (Paternoster, 2010). Specifically, the HOPE program
involves swift, certain, and proportional responses to criminal behavior in a supervised
population (Hamilton et al., 2016). Judge Alm refers to HOPE as a “three-legged stool,”
involving the collaborative efforts of probation officers, treatment providers, and a
patient and caring judge. The third leg represents the swift and certain sanctions for vio-
lations, resulting in a highly structured program that he feels is probationers’ best chance
at successful completion of supervision without being incarcerated again for violating
probation. Judge Alm emphasizes that the rewards system in HOPE, as well as consistent
encouragement by the criminal justice personnel, is just as important as the sanctions
component (S. Alm, personal communication, 16 July, 2018).
In terms of deterrence, HOPE uses swift, certain, consistent, and proportionate sanc-
tions when violations occur to discourage future misbehavior (Hamilton et al., 2016).
Specific deterrence is sought with short periods of confinement for violations, while
general deterrence comes from the open hearings whereby other participants attend and
see what happens with the other participants (Hamilton et al., 2016). DuPont et al. (2015)
note that the group hearings model also promotes a sense of fairness and consistency
among the participants, as they see that everyone is treated the same way, though it is
important to note that not all other participants, or even any other participants, may wit-
ness the violation hearings that occur after noncompliance, potentially undermining gen-
eral deterrence. Other unique aspects of HOPE compared to standard probation programs
include (1) rigorous and frequent random drug testing, (2) a warning hearing at the first
court appearance where program rules, resources, and the sanctions for noncompliance
are explained, and (3) the credible threat of punishment in the form of certain and
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