Strengthening Probation as the Sanction of Choice In order for Probation to be a meaningful sanction, it must be adequately funded. Probation is the sanction of choice in the criminal justice system. More offenders are under the supervision of county Probation Departments than are in state prisons and on parole combined. These are not just non- violent offenders. More and more violent offenders are under community supervision, including sex offenders and domestic violence offenders. This increased demand for services has resulted in new, innovative initiatives being implemented across the state by County Probation Departments with the focus on keeping our communities safe. We cannot fulfill this mission alone. We must have the financial backing of the state. However, over the years the state’s financial commitment to fund county Probation Departments has dwindled. At the same time, new laws have been created that boasted of no cost to localities, when in fact there have been substantial costs to localities. These unfunded mandates continue to “water down” the overall Probation system. There are so many people going through the Probation system, a system that is currently under-funded, that Probation cannot continue to manage the present volume. This therefore makes Probation a less meaningful sanction. The New York State Council of Probation Administrators is requesting that state aid to local Probation Departments be funded at the maximum percentage allowable by law (50%). Further, we ask that there be a moratorium on any new legislation that creates any financial burden on counties unless sufficient resources are also included. We stand ready to assist the legislature with thoughtful discussions on how to strengthen Probation as the sanction of choice.

Adult Offenders Served 12/31/ State Funding

New York State Probation Related Criminal Court Facts Adults under Probation Supervision on 12/31/09 122,086 Most Serious Offense Felony60,03749% Most Serious Offense misdemeanor 57,35047% Most Serious Offense Other4,699 4% Most Serious Offense for Adult Offenders under supervision 12/31/00 Property30,61025% DWI29,23324% Violence/Coercion28,99224% Drug Law Violations21,81618% Other 11,435 9% Male 96,84980% Female 24,32420% White56,45346% Black/African Am.35,08329% Hispanic24,49620% Asian1,224 4% Other4,830 4% Source: NYSDPCA Client Data Base System

Total Family Court Intake Cases Opened in ,089

New York State Probation Related Family Court Facts Intake Cases Open in ,089 Juvenile Delinquents25,518 PINS10,256 Family Offense12,699 Cust/Adopt/Visit.13,391 Other(support/paternity/other) 8,225 Investigations Completed 2008 Juvenile Delinquent5,732 PINS1,679 Cust/Adopt/Visit.2,431 Other2,966 Source: NYSDPCA Probation Workload System

New York State Probation Related Family Court Facts Family Court Supervision cases open on 12/31/08 Juvenile Delinquent8,477 PINS2,628 Family Offense 109 Other 854 Juveniles Delinquents Received for Probation in 2008 AgeMaleFemale 13 and under11% 2% % 12% 16 and over24% 6% TOTAL80% 20% PINS AgeMaleFemale 13 and under10 % 6% % 24% 16 and over14% 15% TOTAL55% 45% Restitution collected in 2008(family court only)$606,033

State Reimbursement Rate History

Overall Impact of Unfunded Mandates on a Probation Officer’s Time