HOPE Probation H awai`i’s O pportunity P robation with E nforcement July 2008 Judge Steven S. Alm First Circuit Court, Honolulu, Hawai`i

The Problem Oahu: 7,200 offenders on felony probation or deferral. Oahu: 7,200 offenders on felony probation or deferral. Probation officers have caseloads of Probation officers have caseloads of up to 180:1 up to 180:1 Many offenders have substance abuse problems, particularly crystal methamphetamine. Many offenders have substance abuse problems, particularly crystal methamphetamine.

Current Practice Courts and probation officers have traditionally operated—both in Hawai`i and nationally—with an approach limited to 2 options for offenders who are having problems on probation: Courts and probation officers have traditionally operated—both in Hawai`i and nationally—with an approach limited to 2 options for offenders who are having problems on probation: 1) The probation officer keeps trying to “work with” the offender, in spite of months or years of failed drug tests, missed appointments, failures to get substance abuse or domestic violence assessments, failures to complete treatment, etc.; or 1) The probation officer keeps trying to “work with” the offender, in spite of months or years of failed drug tests, missed appointments, failures to get substance abuse or domestic violence assessments, failures to complete treatment, etc.; or 2) Eventually, the offender is referred back to court (if he or she can be located) for a Motion to Revoke Probation, with a typical recommendation from their probation officer that he or she be sentenced to the underlying 5, 10, or 20 year prison term (at $46,000 per year in Hawai`i). 2) Eventually, the offender is referred back to court (if he or she can be located) for a Motion to Revoke Probation, with a typical recommendation from their probation officer that he or she be sentenced to the underlying 5, 10, or 20 year prison term (at $46,000 per year in Hawai`i).

This is not an effective way to change anybody’s behavior. It certainly isn’t the way we raise our kids. This is not an effective way to change anybody’s behavior. It certainly isn’t the way we raise our kids. Not taking real, effective action in the face of rule-breaking encourages more rule-breaking. Not taking real, effective action in the face of rule-breaking encourages more rule-breaking. When there is no penalty for failure, you will get a lot more failure. When there is no penalty for failure, you will get a lot more failure. There has to be a better way! There has to be a better way!

HOPE Probation (Hawai`i’s Opportunity Probation with Enforcement) A collaborative strategy (courts, probation, prosecutors, defense, public safety, treatment providers, and criminology [research & evaluation]). A collaborative strategy (courts, probation, prosecutors, defense, public safety, treatment providers, and criminology [research & evaluation]). Ensures swift and certain consequences for non- compliance with the conditions of probation. Ensures swift and certain consequences for non- compliance with the conditions of probation. Offenders who are drug-free, seeing their probation officer and following their conditions of probation—such as drug treatment—have the best chance to succeed on probation. Offenders who are drug-free, seeing their probation officer and following their conditions of probation—such as drug treatment—have the best chance to succeed on probation.

Target Group: High Risk Probationers Sex offenders Sex offenders Offenders who are failing regular probation and appear headed for a revocation of probation Offenders who are failing regular probation and appear headed for a revocation of probation Domestic violence offenders Domestic violence offenders

How does HOPE Probation Work? 1. Warning Hearing: The offender is brought into court and told very explicitly that, from now on, the conditions of probation will be strictly enforced:  A positive drug test results in the offender’s immediate arrest. He or she is transported to jail. A hearing is typically scheduled for 48 hours later. The offender is held in custody pending the hearing.  A failure to appear for an appointment with the probation officer results in the immediate issuance of a bench warrant, the offender’s arrest, and the hearing.  A failure to attend drug treatment or to follow any other condition of probation results in the immediate issuance of a bench warrant, the offender’s arrest, and the hearing.

Drug Testing Procedures 1. Offenders are ordered to call the UA Hotline every weekday morning. Each offender is assigned a color designation for privacy considerations. If their color is listed, they must report to the courthouse that same day for a drug test (between 7:45 am and 2:00 pm). 2. If an offender tests positive or fails to provide a sample within two hours, s/he is arrested. 3. If the offender fails to appear, an arrest warrant is issued immediately, and the offender is arrested. 4. Upon arrest in either situation, the court notifies the prosecution and the defense, and a hearing on the Motion to Modify Probation is typically held 48 hours later. The offender is held in custody pending the hearing.

Arrests As part of the collaborative process, the Federal Fugitive Task Force and the Honolulu Police Department are serving all of the warrants for HOPE Probation. As part of the collaborative process, the Federal Fugitive Task Force and the Honolulu Police Department are serving all of the warrants for HOPE Probation. The Federal Fugitive Task Force is made up of federal, state and county law enforcement officers committed exclusively to arresting fugitives. The Federal Fugitive Task Force is made up of federal, state and county law enforcement officers committed exclusively to arresting fugitives. The Honolulu Police Department has assigned the Patrol Division, Specialized Services Division (SWAT Team) and the Crime Reduction Units (plainclothes officers) to serve the warrants. The Honolulu Police Department has assigned the Patrol Division, Specialized Services Division (SWAT Team) and the Crime Reduction Units (plainclothes officers) to serve the warrants. Having heightened efforts to serve the bench warrants allow the judges to more meaningfully convey the consequences for non- compliance at the Warning Hearing. Having heightened efforts to serve the bench warrants allow the judges to more meaningfully convey the consequences for non- compliance at the Warning Hearing.

Probation Modification (as opposed to Revocation) Hearing The Modification hearing is usually very brief (almost always by stipulation) and is focused solely on the pending violation. The Modification hearing is usually very brief (almost always by stipulation) and is focused solely on the pending violation. If the allegation is proven, or more typically, stipulated to, the offender is immediately sentenced. If the allegation is proven, or more typically, stipulated to, the offender is immediately sentenced. Sentences are frequently for several days in jail, and then the offender is ordered back to see the probation officer. Sentences are frequently for several days in jail, and then the offender is ordered back to see the probation officer. For repeated violations, the court may order a longer sentence, with early release to a treatment facility. In such situations, the offender’s substance abuse issues can be assessed while incarcerated or on a one-day supervised release, and then s/he can be admitted directly to the treatment facility from the jail. For repeated violations, the court may order a longer sentence, with early release to a treatment facility. In such situations, the offender’s substance abuse issues can be assessed while incarcerated or on a one-day supervised release, and then s/he can be admitted directly to the treatment facility from the jail.

Results The state Department of the Attorney General’s Statistical Analysis Center has tracked HOPE’s progress and outcomes since the program’s inception on October 1, Dr. Angela Hawken of UCLA and Pepperdine, and Dr. Mark Kleiman of UCLA, are collaborating with the Attorney General’s personnel on research methodologies and analyses and began a randomized study of HOPE Probation in October, 2007.

Other Interesting Observations Probation officers report significantly fewer appointment reschedulings for HOPE probationers (39% fewer in the first few months of the study). Probation officers report significantly fewer appointment reschedulings for HOPE probationers (39% fewer in the first few months of the study). The POs also report that, while the HOPE procedures involve more initial work, the effort is worthwhile because the offenders take probation more seriously, have a better attitude, and are more compliant -- and are physically present and sober. The POs also report that, while the HOPE procedures involve more initial work, the effort is worthwhile because the offenders take probation more seriously, have a better attitude, and are more compliant -- and are physically present and sober. The POs report feeling more empowered by HOPE Probation. The POs report feeling more empowered by HOPE Probation.

Laying out clear expectations and then holding offenders accountable has the effect of: Reducing drug use Reducing drug use Increasing compliance with all conditions of probation Increasing compliance with all conditions of probation Offenders who are sober, attend their appointments with their probation officer, and comply with all other probation conditions—such as drug treatment—have the best chance to succeed on probation.

Recent Developments 1.HOPE expansion in Honolulu Circuit Court (6 felony and 3 domestic violence misdemeanor courts handling HOPE cases). 2.As of 6/18/08, we have over 1,260 offenders in HOPE Probation. 3.6:30 a.m. drug testing available for offenders with paycheck jobs. 4.Same day hearings with weekend jail sentences for offenders with paycheck jobs. 5.1-day temporary releases to allow defendants to attend interviews at drug treatment programs and then return to custody the same day.