HOPE ProbationHOPE ProbationHHawai`i’sawai`i’s

OOpportunitypportunity

PProbation withrobation with

EEnforcementnforcement

July 2008Judge Steven S. Alm

First Circuit Court, Honolulu, Hawai`iwww.courts.state.hi.us

The ProblemThe Problem

Oahu: 7,200 offenders on felony Oahu: 7,200 offenders on felony probation or deferral.probation or deferral.

Probation officers have caseloads of Probation officers have caseloads of

up to 180:1up to 180:1

Many offenders have substance Many offenders have substance abuse problems, particularly crystal abuse problems, particularly crystal methamphetamine.methamphetamine.

Current PracticeCurrent Practice Courts and probation officers have traditionally Courts and probation officers have traditionally

operated—both in Hawai`i and nationally—with operated—both in Hawai`i and nationally—with an approach limited to 2 options for offenders an approach limited to 2 options for offenders who are having problems on probation:who are having problems on probation:

1) The probation officer keeps trying to “work with” the 1) The probation officer keeps trying to “work with” the offender, in spite of months or years of failed drug tests, offender, in spite of months or years of failed drug tests, missed appointments, failures to get substance abuse or missed appointments, failures to get substance abuse or domestic violence assessments, failures to complete domestic violence assessments, failures to complete treatment, etc.; ortreatment, etc.; or

2) Eventually, the offender is referred back to court (if he or 2) Eventually, the offender is referred back to court (if he or she can be located) for a Motion to she can be located) for a Motion to RevokeRevoke Probation, with Probation, with a typical recommendation from their probation officer that a typical recommendation from their probation officer that he or she be sentenced to the underlying 5, 10, or 20 year he or she be sentenced to the underlying 5, 10, or 20 year prison term (at $46,000 per year in Hawai`i).prison term (at $46,000 per year in Hawai`i).

This is not an effective way to change This is not an effective way to change anybody’s behavior. It certainly isn’t the anybody’s behavior. It certainly isn’t the way we raise our kids.way we raise our kids.

Not taking real, effective action in the face Not taking real, effective action in the face of rule-breaking encourages more rule-of rule-breaking encourages more rule-breaking.breaking.

When there is no penalty for failure, you When there is no penalty for failure, you will get a lot more failure.will get a lot more failure.

There has to be a better way!There has to be a better way!

HOPE ProbationHOPE Probation((HHawai`i’s awai`i’s OOpportunity pportunity PProbation robation

with with EEnforcement)nforcement) A collaborative strategy (courts, probation, A collaborative strategy (courts, probation,

prosecutors, defense, public safety, treatment prosecutors, defense, public safety, treatment providers, and criminology [research & providers, and criminology [research & evaluation]).evaluation]).

Ensures swift and certain consequences for non-Ensures swift and certain consequences for non-compliance with the conditions of probation.compliance with the conditions of probation.

Offenders who are drug-free, seeing their Offenders who are drug-free, seeing their probation officer and following their conditions of probation officer and following their conditions of probation—such as drug treatment—have the probation—such as drug treatment—have the best chance to succeed on probation.best chance to succeed on probation.

Target Group: Target Group: High Risk ProbationersHigh Risk Probationers

Sex offendersSex offenders

Offenders who are failing regular Offenders who are failing regular probation and appear headed for probation and appear headed for a revocation of probationa revocation of probation

Domestic violence offendersDomestic violence offenders

How does HOPE Probation Work?How does HOPE Probation Work?

1.1. Warning Hearing:Warning Hearing: The offender is brought into The offender is brought into court and told very explicitly that, from now on, the court and told very explicitly that, from now on, the conditions of probation will be strictly enforced:conditions of probation will be strictly enforced:

A positive drug test results in the offender’s immediate A positive drug test results in the offender’s immediate arrest. He or she is transported to jail. A hearing is arrest. He or she is transported to jail. A hearing is typically scheduled for 48 hours later. The offender is typically scheduled for 48 hours later. The offender is held in custody pending the hearing.held in custody pending the hearing.

A failure to appear for an appointment with the A failure to appear for an appointment with the probation officer results in the immediate issuance of a probation officer results in the immediate issuance of a bench warrant, the offender’s arrest, and the hearing.bench warrant, the offender’s arrest, and the hearing.

A failure to attend drug treatment or to follow any other A failure to attend drug treatment or to follow any other condition of probation results in the immediate issuance condition of probation results in the immediate issuance of a bench warrant, the offender’s arrest, and the of a bench warrant, the offender’s arrest, and the hearing.hearing.

Drug Testing ProceduresDrug Testing Procedures1.1. Offenders are ordered to call the UA Hotline every Offenders are ordered to call the UA Hotline every

weekday morning. Each offender is assigned a color weekday morning. Each offender is assigned a color designation for privacy considerations. If their color designation for privacy considerations. If their color is listed, they must report to the courthouse that is listed, they must report to the courthouse that same day for a drug test (between 7:45 am and 2:00 same day for a drug test (between 7:45 am and 2:00 pm).pm).

2.2. If an offender tests positive or fails to provide a If an offender tests positive or fails to provide a sample within two hours, s/he is arrested.sample within two hours, s/he is arrested.

3.3. If the offender fails to appear, an arrest warrant is If the offender fails to appear, an arrest warrant is issued immediately, and the offender is arrested.issued immediately, and the offender is arrested.

4.4. Upon arrest in either situation, the court notifies the Upon arrest in either situation, the court notifies the prosecution and the defense, and a hearing on the prosecution and the defense, and a hearing on the Motion to Motion to ModifyModify Probation is typically held 48 hours Probation is typically held 48 hours later. The offender is held in custody pending the later. The offender is held in custody pending the hearing. hearing.

ArrestsArrests As part of the collaborative process, the Federal Fugitive As part of the collaborative process, the Federal Fugitive

Task Force and the Honolulu Police Department are Task Force and the Honolulu Police Department are serving all of the warrants for HOPE Probation.serving all of the warrants for HOPE Probation.

The Federal Fugitive Task Force is made up of federal, The Federal Fugitive Task Force is made up of federal, state and county law enforcement officers committed state and county law enforcement officers committed exclusively to arresting fugitives.exclusively to arresting fugitives.

The Honolulu Police Department has assigned the Patrol The Honolulu Police Department has assigned the Patrol Division, Specialized Services Division (SWAT Team) and Division, Specialized Services Division (SWAT Team) and the Crime Reduction Units (plainclothes officers) to serve the Crime Reduction Units (plainclothes officers) to serve the warrants.the warrants.

Having heightened efforts to serve the bench warrants Having heightened efforts to serve the bench warrants allow the judges to more meaningfully convey the allow the judges to more meaningfully convey the consequences for non-compliance at the Warning consequences for non-compliance at the Warning Hearing.Hearing.

Probation Probation ModificationModification (as opposed (as opposed to Revocation) Hearingto Revocation) Hearing

The Modification hearing is usually very brief (almost The Modification hearing is usually very brief (almost always by stipulation) and is focused solely on the pending always by stipulation) and is focused solely on the pending violation.violation.

If the allegation is proven, or more typically, stipulated to, If the allegation is proven, or more typically, stipulated to, the offender is immediately sentenced.the offender is immediately sentenced.

Sentences are frequently for several days in jail, and then Sentences are frequently for several days in jail, and then the offender is ordered back to see the probation officer.the offender is ordered back to see the probation officer.

For repeated violations, the court may order a longer For repeated violations, the court may order a longer sentence, with early release to a treatment facility. In such sentence, with early release to a treatment facility. In such situations, the offender’s substance abuse issues can be situations, the offender’s substance abuse issues can be assessed while incarcerated or on a one-day supervised assessed while incarcerated or on a one-day supervised release, and then s/he can be admitted directly to the release, and then s/he can be admitted directly to the treatment facility from the jail.treatment facility from the jail.

ResultsResults

The state Department of the Attorney The state Department of the Attorney General’s Statistical Analysis Center has General’s Statistical Analysis Center has tracked HOPE’s progress and outcomes since tracked HOPE’s progress and outcomes since the program’s inception on October 1, 2004. the program’s inception on October 1, 2004.

Dr. Angela Hawken of UCLA and Pepperdine, Dr. Angela Hawken of UCLA and Pepperdine, and Dr. Mark Kleiman of UCLA, are and Dr. Mark Kleiman of UCLA, are collaborating with the Attorney General’s collaborating with the Attorney General’s personnel on research methodologies and personnel on research methodologies and analyses and began a randomized study of analyses and began a randomized study of HOPE Probation in October, 2007.HOPE Probation in October, 2007.

Other Interesting ObservationsOther Interesting Observations Probation officers report significantly fewer Probation officers report significantly fewer

appointment reschedulings for HOPE probationers appointment reschedulings for HOPE probationers (39% fewer in the first few months of the study).(39% fewer in the first few months of the study).

The POs also report that, while the HOPE The POs also report that, while the HOPE procedures involve more procedures involve more initialinitial work, the effort is work, the effort is worthwhile because the offenders take probation worthwhile because the offenders take probation more seriously, have a better attitude, and are more seriously, have a better attitude, and are more compliant -- and are physically present and more compliant -- and are physically present and sober.sober.

The POs report feeling more empowered by HOPE The POs report feeling more empowered by HOPE Probation.Probation.

Laying out clear expectations and Laying out clear expectations and then holding offenders accountable then holding offenders accountable

has the effect of:has the effect of:

Reducing drug useReducing drug use

Increasing compliance with all Increasing compliance with all conditions of probationconditions of probation

Offenders who are sober, attend their Offenders who are sober, attend their appointments with their probation appointments with their probation officer, and comply with all other officer, and comply with all other probation conditions—such as drug probation conditions—such as drug treatment—have the best chance to treatment—have the best chance to succeed on probation.succeed on probation.

Recent DevelopmentsRecent Developments

1.1. HOPE expansion in Honolulu Circuit Court (6 felony and 3 HOPE expansion in Honolulu Circuit Court (6 felony and 3 domestic violence misdemeanor courts handling HOPE domestic violence misdemeanor courts handling HOPE cases). cases).

2.2. As of 6/18/08, we have over 1,260 offenders in HOPE As of 6/18/08, we have over 1,260 offenders in HOPE Probation.Probation.

3.3. 6:30 a.m. drug testing available for offenders with paycheck 6:30 a.m. drug testing available for offenders with paycheck jobs.jobs.

4.4. Same day hearings with weekend jail sentences for offenders Same day hearings with weekend jail sentences for offenders with paycheck jobs.with paycheck jobs.

5.5. 1-day temporary releases to allow defendants to attend 1-day temporary releases to allow defendants to attend interviews at drug treatment programs and then return to interviews at drug treatment programs and then return to custody the same day.custody the same day.