Immediate Sanction Probation Pilot Project Status Update Virginia Criminal Sentencing Commission March 18, 2013
Jan 03, 2016
Immediate Sanction Probation
Pilot Project
Status Update
Virginia Criminal Sentencing CommissionMarch 18, 2013
In 2012, the General Assembly directed the Virginia Criminal Sentencing Commission to implement an immediate sanction probation program in up to 4 pilot sites
The program is designed to target technical probation violators
The concurrence of the chief judge of the circuit court and the Commonwealth’s attorney is needed for the locality to participate as a pilot site
Pilot program will last until June 30, 2014
Directive for Immediate Sanction ProbationPilot Project (2012)
2Background
Hawaii’s Opportunity Probation with Enforcement (HOPE) program was established in 2004 by Judge Steven Alm of Hawaii’s First Circuit
Focus is on offenders at-risk for failing probation
The goal is to improve compliance with the conditions of probation by applying swift and certain sanctions for each violation
A federally-funded evaluation of HOPE found a significant reduction in recidivism rates, as well as technical violations and drug use among participants
3Background
Model for Virginia’s Pilot Program
Judges
Commonwealth’s Attorney and staff
Probation officers
Public defender’s office / court-appointed attorneys
Arresting agencies: Sheriff’s Office and/or police department
Jail administrators: Sheriff’s Office or regional jail
Clerk of Court and staff
Who are the key stakeholders?
4Key Components of Pilot Project
Offender must:
Be 18 years of age or older
Not have any current or prior violent convictions
or adjudications (as defined
in § 17.1-805)
Be on supervised probation for a felony
conviction
Be under supervision in the same jurisdiction
where the offender was sentenced
Not have a diagnosis involving a severe mental
health issue
What offenders are eligible?
5Key Components of Pilot Project
Candidates for the program will be identified
based on risk:
1. Risk of recidivism / risk of violent recidivism
Determined by the COMPAS risk
assessment instrument already
used by the Department
of Corrections
2. Risk of failing probation due to revocation
Accumulating multiple technical
violations increases likelihood that the
offender’s probation will be revoked
How will candidates for the program be identified?
6Key Components of Pilot Project
How does an offender get into the program?
7Key Components of Pilot Project
Offender will be placed on the court’s docket for judge to consider offender for program
Risk of recidivism/violent recidivism
Determined by the COMPAS risk assessment instrument
Represents risk of failing probation due to revocation
Ideally, offender should appear before the judge within 7 days
Offender should have or be assigned counsel
If the offender is put into the program:
Offender’s probation will not be revoked
Show cause will be continued
Sentence will remain suspended
Conditions of suspended sentence will be
modified to require participation in the program
Judge will warn new participants that probation
terms will be strictly enforced and violations will
have immediate consequences
How does an offender get into the program?
8Key Components of Pilot Project
Program participants will be frequently reviewed
by probation officer to ensure that there are no
violations of terms or conditions
When first entering the program, participants will
undergo frequent, unannounced drug testing
− 4 to 6 times per month for first month
For offenders testing negative, frequency of
testing will gradually be reduced
What happens once an offender is in the program?
9Key Components of Pilot Project
Upon detection of a violation, the probation
officer shall immediately issue a PB-15,
authorizing the offender’s arrest
Offender should be arrested by a police
officer or Sheriff’s deputy as quickly as
possible
What happens when a violation is detected?
10Key Components of Pilot Project
The court establishes an expedited process for dealing with violations
− Typically, one or two judges will oversee this program for the court
Ideally, expedited hearings are conducted multiple days of the week so that an offender does not wait in jail more than 48 to 72 hours before appearing (unless taken in on a Friday or holiday)
Judges determine how this should be achieved in terms of docketing
Example:
Monday, Wednesday, Fridays 1:00-1:30pm
How will violation hearings be conducted?
11Key Components of Pilot Project
Expedited hearings should be brief (7-8 minutes each)
Court must conduct an expedited hearing unless:
− It is alleged that the offender committed a new crime or infraction,
− It is alleged that the offender absconded for more than 7 days, or
− Offender, Commonwealth’s Attorney, or the court objects to the hearing
If so, the violation will be handled through the normal violation process
(per § 19.2-303.5)
When is an expedited hearing not conducted?
12Key Components of Pilot Project
A public defender (if an office exists in the site)
should be assigned to each session in which the
court will hold expedited hearings
If there is no public defender office in that locality,
a cadre of court-appointed attorneys should be
assigned to cover the expedited hearings
The offender can call a private attorney
Offender can waive counsel
What access will the defendant have to defense counsel?
13Key Components of Pilot Project
While the offender is participating in
the program, each violation results in
mandatory jail time
Show cause will be continued
Probation office will lift the PB-15
What are the consequences for violations?
14Key Components of Pilot Project
ProgramViolation
Mandatory Incarceration
1st violation 3-7 days
2nd violation 5-10 days
3rd violation 7-14 days
4th violation 10-20 days
5th violation 15-25 days
6th violation or subsequent
20-30 days
After repeated positive drug tests, the court may order a full substance abuse assessment
If addicted, the defendant may be referred to substance abuse treatment (if suitable) or drug court (if available)
The Commission’s probation violation guidelines,
which apply to technical violations,
will not be used for program participants
What about the current Probation Violation Guidelines?
15Key Components of Pilot Project
The court may remove the offender from the
program at any time and, at the court’s
discretion, revoke probation
Offender will be removed from the program if
convicted of a new criminal offense
If an offender has gone 12 months since his/her
last violation, offender should be considered as
having “successfully completed” the program
How can an offender be removed from the program?
16Key Components of Pilot Project
Activities to Date
18
2012
May
June
July
August
September
General Assembly adopted budget language directing the Commission to implement the Immediate Sanction Probation pilot project
Secretary of Public Safety discussed the legislative directive with Commission members and communicated the Governor’s support for the program
Staff developed proposals for the program’s design and identified potential pilot sites
Commission approved program’s design and potential pilot sites
Staff began drafting manual, warning script, forms, etc.
DOC confirmed resources for one probation officer for each site
19
Meeting with stakeholders in Henrico – agreed to participateMeeting with stakeholders in Newport News – declinedMeeting with stakeholders in Lynchburg – agreed to participate
Henrico planning meeting
Meeting with stakeholders in Hampton – declined
Henrico program began
Site meetings: Henrico (2)
Staff provided draft manual to DOC for comment
2012
October
November
December
20
Lynchburg planning meeting
Lynchburg program began
Meeting at DOC headquarters with Deputy Director, regional administrators, probation chiefs, and immediate sanction probation officers
Site meetings: Lynchburg (1), Henrico (2)
2013
January
February
March
April
Meeting with stakeholders in Chesapeake
Site meetings: Lynchburg (1)
Planned: Meeting at DOC headquarters, site meeting in Henrico
Planned: Second meeting with stakeholders in Chesapeake
Implementation manual, warning script, and forms
− Provided to DOC for comment
• Comments incorporated
− Updates made as needed
Template court orders
− Placement in the program
− Program violations
Payment process for court-appointed attorneys
working with the program in Henrico
21
Other Tasks
Codes to identify and track program participants
− DOC’s VA-CORIS system
− Local Inmate Data System used in the jails
Codes for tracking court hearings
− Supreme Court’s Case Management System
(CMS) used by clerks
Point-of-contact for each office/agency identified
and contact lists created for each pilot site
− To facilitate swift communication process
22
Other Tasks
23
Status in Henrico
Start date: November 1, 2012
Two judges have been designated to oversee the
caseload and the hearings
− Judge Yoffy and Judge Wallerstein
DOC has designated a probation officer to supervise
the offenders in the program
Judge Wallerstein contacted several court-appointed
attorneys who agreed to provide defense counsel to
offenders in the program
− These attorneys were briefed on November 6
24
Status in Henrico
Sheriff and Chief of Police agreed to arrest
program violators quickly
− The two offices are coordinating to work
out ways to divide the additional duties
Judges conduct expedited hearings on
Monday, Wednesday, and Friday at 1:00pm
Program Participants (as of March 14)
5
Program Violations (as of March 14)
1
25
Status in Lynchburg
Start date: January 1, 2013
One judge is overseeing the caseload and hearings
− Judge Yeatts
− Backup will be a substitute judge
DOC designated a probation officer to supervise the offenders in the program
− Officer originally assigned was promoted
− Another probation officer has recently been assigned to the program
The Public Defender is working with the program
26
Status in Lynchburg
Originally held as needed, Lynchburg has now
set expedited hearings for Monday,
Wednesday, and Friday at 1:00pm
Amherst and Campbell County Sheriffs have
agreed to execute Lynchburg PB-15s quickly,
thereby expanding the pool of potential program
participants to those living outside the city
Program Participants (as of March 14)
6
Program Violations (as of March 14)
5
27
Program-Related Issues
Number of eligible offenders appears to be less
than expected
− Offenders being supervised in the pilot
site who are under the jurisdiction of
another court are not eligible
− Offenders with current or prior violent
felonies are not eligible
Probationers are not being referred to the
Immediate Sanction Probation Officer to be
considered for the program at the rate that
was anticipated
28
Program-Related Issues
Some PB-15s have not been executed as quickly
as desired
− This has resulted in delays in getting
offenders in front of the judge to be
considered for placement in the program
− More importantly, participants who violate
must be arrested as quickly as possible so
that sanctions can be imposed swiftly
Commission staff will continue to work with the
pilot programs to address eligibility concerns and
facilitate the referral of potential candidates to the
Immediate Sanction Probation Officer
− Meeting at DOC headquarters on March 29
Commission staff will continue to work with the
pilot sites on an approach to facilitate the expedited
service of PB-15s and Show Cause orders
29
Action Plan