1. Immediate Sanction Probation Pilot Project Status Update
Virginia Criminal Sentencing Commission
March 18, 2013

2. Directive for Immediate Sanction Probation
Pilot Project (2012)
In 2012, the General Assembly directed the Virginia Criminal Sentencing Commission to implement an immediate sanction probation program in up to 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
Background

3. Model for Virginia’s Pilot Program
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
Background

4. Who are the key stakeholders?
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
Key Components of Pilot Project

5. What offenders are eligible?
Offender must:
Be 18 years of age or older
Not have any current or prior violent convictions or adjudications (as defined in § )
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
Key Components of Pilot Project

6. How will candidates for the program be identified?
Candidates for the program will be identified based on risk:
Risk of recidivism / risk of violent recidivism
Determined by the COMPAS risk assessment instrument already used by the Department of Corrections
Risk of failing probation due to revocation
Accumulating multiple technical violations increases likelihood that the offender’s probation will be revoked
Key Components of Pilot Project

7. How does an offender get into the 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
Offender will be placed on the court’s docket for judge to consider offender for program
Key Components of Pilot Project

8. How does an offender get into the program?
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
Key Components of Pilot Project

9. What happens once an offender is in the program?
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
Key Components of Pilot Project

10. What happens when a violation is detected?
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
Key Components of Pilot Project

11. How will violation hearings be conducted?
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
Expedited hearings should be brief (7-8 minutes each)
Key Components of Pilot Project

12. When is an expedited hearing not conducted?
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 § )
Key Components of Pilot Project

13. What access will the defendant have to defense counsel?
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
Key Components of Pilot Project

14. What are the consequences for violations? Mandatory Incarceration
Program
Violation
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
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
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)
Key Components of Pilot Project

15. What about the current Probation Violation Guidelines?
The Commission’s probation violation guidelines, which apply to technical violations, will not be used for program participants
Key Components of Pilot Project

16. How can an offender be removed from the program?
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
Key Components of Pilot Project

17. 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. 2012 October November December
Meeting with stakeholders in Henrico – agreed to participate
Meeting with stakeholders in Newport News – declined
Meeting with stakeholders in Lynchburg – agreed to participate
Henrico planning meeting
Henrico program began
Site meetings: Henrico (2)
Staff provided draft manual to DOC for comment
Meeting with stakeholders in Hampton – declined

20. 2013 January February March April 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)
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

21. Other Tasks 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

22. 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

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

29. Action Plan
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