HOPE Probation
Hawai`i’s
Opportunity
Probation with
Enforcement
July 2008
Judge Steven S. Alm
First Circuit Court, Honolulu, Hawai`i
www.courts.state.hi.us
The Problem
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Oahu: 7,200 offenders on felony probation
or deferral.
Probation officers have caseloads of
up to 180:1
Many offenders have substance abuse
problems, particularly crystal
methamphetamine.
Current Practice
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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
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).
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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.
When there is no penalty for failure, you will get
a lot more failure.
There has to be a better way!
HOPE Probation
(Hawai`i’s Opportunity Probation
with Enforcement)
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A collaborative strategy (courts, probation, prosecutors,
defense, public safety, treatment providers, and
criminology [research & evaluation]).
Ensures swift and certain consequences for noncompliance 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.
Target Group:
High Risk Probationers
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Sex offenders
Offenders who are failing regular
probation and appear headed for a
revocation of probation
Domestic violence offenders
How does HOPE Probation Work?
1.
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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.
2.
3.
4.
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).
If an offender tests positive or fails to provide a sample
within two hours, s/he is arrested.
If the offender fails to appear, an arrest warrant is issued
immediately, and the offender is arrested.
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
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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 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 noncompliance at the Warning Hearing.
Probation Modification (as opposed
to Revocation) Hearing
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The Modification hearing is usually very brief (almost always by
stipulation) and is focused solely on the pending violation.
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If the allegation is proven, or more typically, stipulated to, the
offender is immediately sentenced.
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Sentences are frequently for several days in jail, and then the
offender is ordered back to see the probation officer.
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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, 2004.
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
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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 report feeling more empowered by HOPE
Probation.
Laying out clear expectations and
then holding offenders accountable
has the effect of:
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Reducing drug use
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.