PROBATION SUPERVISION GUIDELINES



PROBATION SUPERVISION GUIDELINES

& STRATEGIES FOR SAFE AND EFFECTIVE VICTIM CONTACT

Dynamics of Domestic Violence:

Domestic violence or intimate partner violence is a pattern of coercive behavior exercised by one partner over another to control and intimidate. Violence and /or the threat of violence are used to dominate and control an intimate partner and this behavior typically escalates. Domestic violence can be physical, sexual, verbal, emotional and economic. Although women and men can be victims of domestic violence, studies have shown that the vast majority of domestic violence crimes involve men abusing women. The probation department acknowledges that fact, while it strives to provide appropriate services to all victims and to hold all offenders accountable for their actions.

We are routinely challenged, personally and professionally, to understand why victims of domestic violence stay in abusive relationships. Too often we focus on their choices rather than those of the batterer. What we have come to recognize, for reasons we understand and many we don’t, is that leaving these relationships is complex, complicated, and most importantly, often dangerous. Victims are at most risk when they attempt to leave, obtain restraining orders, separate from their partners, or apply for a divorce. There are many collateral consequences to leaving for victims and children: loss of financial support; loss of housing; removing children from school placements; loss of employment; leaving a neighborhood, family and friends; jeopardizing one’s religious beliefs and affiliations, and compromising one’s immigration status. All of these factors play a role in the decisions victims make for themselves and their children. Taking all that into account, it is easier to understand why victims stay or make multiple attempts before they successfully leave an abusive relationship. The majority of domestic violence cases supervised at Dorchester District Court are cases where the victim still lives with or has contact with the probationer.

Seriousness of Domestic Violence:

Domestic Violence continues to be a crime of extraordinary proportions. The statistics are staggering: “2 to 4 million women are assaulted by their partners per year in the United States. The U.S. Surgeon General has declared that attacks by male partners are the number one cause of injury to women between the ages of fifteen and forty-four. The American Medical Society reports that one woman out of three will be the victim of violence by a husband or boyfriend at some point in her life. The emotional effects of partner violence are a factor in more than one-fourth of female suicide attempts and are the leading cause of substance abuse in adult women. Government statistics indicate that 1,500 to 2,000 women are murdered by partners and ex-partners per year, comprising more than one-third of all female homicide victims, and that these homicides almost always follow a history of violence, threats, or stalking.” (Why Does He Do That? Inside the Minds of Angry and Controlling Men, Lundy Bancroft).

Domestic Violence accounted for 36% of all aggravated assaults and 52% of all other assaults in the Dorchester District Court jurisdiction in 2001. There were 11 domestic violence related homicides in Boston in 2001. Police Commissioner Paul Evans and First Justice Sydney Hanlon have made domestic violence intervention a priority in the City of Boston and at Dorchester District Court. The Court is the site of the Boston Judicial Oversight Demonstration Initiative with a dedicated domestic violence session where civil restraining order applications and criminal intimate partner violence cases are heard.

Professional Conduct and Attitude:

Probation officers are officers of the court and as such should always conduct themselves professionally. In the courtroom, the courthouse, the community, and on home visits, they should be aware of what they are conveying to probationers, victims, and the general public who see them testifying and talking with defendants, victims, court personnel, and community members. Most communication is non-verbal. Body language speaks as clearly as words. Intonation is also very important.

Probation officers should interact with probationers, victims, their families, and the general public in a respectful and patient manner. It is the mission of probation to supervise probationers to protect the community. But, it is also the mission of probation to assist probationers in their rehabilitation and re-integration with the community. Probation officers can help probationers make positive life changes. This can best be done when probation officers’ words, tone of voice, body language, and actions reflect a belief in the ability of the criminal justice system to effect positive change and an overall sense of concern and respect for victims, probationers, and their families.

Probation officers should re-enforce batterer intervention programs’ messages about accountability and the need for probationers to make responsible, non-violent life choices. Jokes or comments about the system being biased, victims using the system, men being railroaded, or domestic violence not being serious undercut the effectiveness of probation intervention in these cases. Probation officers should consciously attempt to ensure that they at no time collude with probationers, imply that threats and violence are ever acceptable, or that any comments or behavior on the part of the victim could “provoke” or “deserve” criminal acts.

“The probation or parole officer’s attitudes and behaviors are as important as the sentence and conditions of release. Many abusers receive reinforcement for their behavior from peers, relatives, and society at large. This reinforcement allows offenders to believe their behavior really is not criminal and is the victim’s fault…Probation and parole professionals must challenge every attempt on the part of the offenders to deny, minimize, rationalize, or externalize their behavior. They must be wary of offender’s attempts to manipulate them into fraternizing and colluding with them about the abuse.” (“Promising Victim–Related Practices and Strategies in Probation and Parole” p.94)

The manner and attitude with which probation officers address victims and probationers send a message to both of them. When probation officers take these cases seriously and their manner and attitude convey that, probationers know that probation officers will hold them accountable. And, victims know that their concerns are being taken seriously and that probation officers will assist them with safety planning. When probation officers’ attitude and tone is less than serious, then probationers believe that they can get away with not complying with their terms of probation and victims feel that the probation officers will not believe them and are siding with the probationers.

Training

It is important that probation officers supervising domestic violence caseloads be trained in the dynamics of intimate partner violence, tactics that batterers use with victims and with others, and choices and decisions that victims make regarding cooperation with criminal justice interventions. Probation officers should be trained not to collude with probationers and not to be judgmental or disapproving towards victims who are unwilling or unable to cooperate with the criminal justice system. Training should incorporate victim issues including: crisis assessment and intervention; victims and the criminal justice system; dangerousness assessment, safety planning; the effects on children who witness domestic violence; gay, lesbian, bisexual and transgender victims of domestic violence; cultural responsiveness; and community resources for victims. Training for these probation officers should be on-going to ensure that they are keeping current with the most promising practices in the field.

Domestic Violence Caseload Supervision Must Be Intensive:

Domestic Violence cases require stricter supervision and more collateral information than other probation cases due to the nature of offenses, the characteristics of the offenders, and the high risk of additional threats and injuries to victims and their children. Victims, probationers, and the community measure the seriousness of court orders by whether these orders are enforced. Probation plays a key role in that enforcement. By strictly supervising these cases, probation officers can increase probationers’ compliance with court orders. They can also uncover non-compliance so that that appropriate court action can be taken. Intensive supervision combined with swift court action in cases of non-compliance clearly demonstrates that the Court and the Probation Department take domestic violence cases very seriously.

Supervision Must Include Qualitative Victim Contact:

The supervision of a domestic violence probationer is as complex as domestic violence itself. Working as a probation officer in a Domestic Violence Unit requires a shift from traditional supervision. These cases necessitate ongoing contact with the crime victims. Effective supervision balances victim safety and probationer accountability. The better probationers do in treatment programs and in stabilizing their lives, the more likely it is that victims will be safer. Victims should not be viewed or used as tools to supervise probationers. They can be sources of information but should not be forced or coerced into providing information that may place them or their children at further risk. “The purpose of contact is to assess the victim’s ongoing safety and needs, as well as determine whether or not the offender is complying with the conditions of probation or parole. It should not be the responsibility of the victim to monitor the offender’s behavior; however, she may be the only one who has certain information.” (“Promising Victim-Related Strategies in Probation and Parole”) Probation Officers should explain in a clear and concrete manner how and under what circumstances the information victims give them will be used. As officers of the court, probation officers are charged with acting on information about probation violations. Victims should be informed that probation officers can and may use any and all information that they give them, such as technical violations of probation (failure to attend treatment or failure to remain alcohol free) or criminal violations (violations of restraining orders, subsequent threats or acts of violence). Probation officers should pro-actively warn victims when information will be shared with the court and encourage them not to answer any questions that might endanger them.

The Victim Rights Law (M.G.L.c.258B §3) requires, in part, that a probation officer confer with a victim prior to the filing of a pre-sentence report; that victims be informed of the schedule of restitution payments and that victims be informed of the name and telephone number of the probation officer and conditions of probation.

The supervision of domestic violence cases mandates a proactive response to victims. There are some broad principles/guidelines that should guide all communications with victims.

• Communications should be respectful.

• Contact should be in private.

• Contact should be culturally and linguistically appropriate, when possible.

• Safety of victim and children should be paramount at all times.

• Need for services should be assessed, and appropriate referrals should be made to community based human services.

• Risk assessment should be performed and appropriate referrals should be made to shelter and domestic violence support services.

There should be ongoing attempts to contact victims even if they are reluctant, hostile, and uncooperative.

Initial Victim Contact:

“The sooner the contact is established with victims, and they hear about the specifics of the probation or parole conditions from the probation or parole officer, the less opportunity there is for the offender to contact, intimidate, or harass the victim further. At the first supervision meeting with the offender, the supervising officer should state clearly that initial and ongoing contact will occur between the victim and officer, that this is standard procedure, and the offender should not interfere with such contact.” (“Promising Victim-Related Practices and Strategies in Probation and Parole”, p.90).

The first contact is critical to both provide information and begin to establish a relationship. This first contact should be in person if at all possible. Probation Officers should give victims their telephone numbers and explain the role of a probation officer. A copy of the conditions of probation and a payment scheduled for restitution should be given to, and explained in detail to, victims. Any limitations of confidentiality should be explained so victims understand what will happen with information they convey to probation officers. The better victims understand the process, the better able they will be to make good decisions, the more they will trust probation officers and the more empowered they will feel.

Suggestions for contacting the victim face to face when the probationer is not present: (When conducting home visits or talking with a victim on the phone, the probation officer should assume the probationer is present unless there is concrete information that the probationer is not there. Such verification should come from a batterer intervention facilitator or an employer who verified that the probationer is in group or at work rather than a victim’s statement that the probationer isn’t there. )

• The day the case is assigned, if the victim is present, the probation officer should meet with the victim separately, give her/him a copy of the terms of probation and payment schedule (with address information redacted), a business card, and a listing of local domestic violence support services.

• If the victim isn’t present, the probation officer should call the victim’s phone number, listed in the police report, or obtained from a District Attorney’s Office victim witness advocate immediately after signing terms in an attempt to talk to the victim without the probationer there.

• If the victim is living with the probationer, the probation officer should check with the batterer intervention program to coordinate a home visit to the victim while the probationer is attending a batterer intervention session.

• If the victim doesn’t live with the probationer, the probation officer should attempt to call her/him at home. Calls should be made in the morning, afternoon, and evening, in an attempt to reach the victim when she/he might be home.

• A letter should be mailed out to the victim with the name and phone number of the supervising probation officer and a list of domestic violence support services.

Ongoing Contact:

Regular contact with victims is important to ensure their safety. Again, it is not a victim’s responsibility to monitor the probationer. Victims are not on probation and are not court employees. However, probation officers’ ability to maintain ongoing contact to respond to questions and concerns, keep victims advised of all court dates or any changes in the probationers’ status, and to provide referrals to domestic violence support services is critical to their supervision of domestic violence cases.

Probation officers are required to contact victims monthly unless the victim prefers more frequent or less frequent contact. (That must be noted on the supervision sheet.) In addition, probation officers will contact victims prior to any court reviews, probation violation hearings, and final probation reviews, to see if victims want to share any information regarding the probationer and the case with the probation officer and the court. (A warning that information will be presented in open court for these hearings should be given to victims, along with a warning not to answer any questions that they feel could further endanger themselves and/or their children.)

Victim Risk Assessment:

Each and every contact with a victim should include a risk assessment. Although we recognize that it is not possible to 100% accurately predict serious violence and homicide, research and experience in the field of domestic violence has given us some important indicators. The following is not an exhaustive list, but highlights some significant areas to be considered when weighing the risk of serious injury or death to a victim.

Does he have access to weapons?

Has he threatened the victim or children with a weapon?

Has he threatened to kill you?

Has he threatened to commit suicide?

Has the violence increased?

Does he use drugs/alcohol?

Points to remember when working with victims:

• Probation officers should remember that victims are not on probation and are not employees of the court. It is not their job to supervise or monitor the probationer for the court. All interactions with victims should be done respectfully with an understanding that victims have a right to privacy and confidentiality. Sometimes sharing information with the probation officer or the court may put them more at risk. Except for formal court hearings, probation officers should give victims the option of not answering questions that they are not comfortable answering.

• Probation officers should never refer to victim communications other than when required to in court hearings. In those instances, they should warn the victim that her/his statements will be referenced in a court hearing. Probation officers should be very careful never to reference victim comments or opinions when talking with probationers, their family, or friends.

‘Final’ Contact:

Supervising a probationer and working with the victim on the same case is complicated. It is important to create and maintain a respectful, nonjudgmental relationship with victims throughout the period of probation and to provide victims with advance notice of the final date of probation. In final victim contacts, probation officers should advise victims to contact them if they need assistance. In this way, victims will hopefully believe that they can reach out to probation officers again if the violence reoccurs. They should also, once again, give them information on local, domestic violence support services.

Case File Management System:

Sound case file management is critical to appropriate supervision. When probation officers are out sick, on vacation, or re-assigned, if there has been good case file management, then another probation officer or the assistant chief probation officer is able to quickly orient himself/herself to the case. A probation folder should contain the information needed to supervise the case, as well as documentation of that supervision. Folders should include the following items:

A) Completed “Determination of Indigency Report” (Intake Form)

B) Updated CARI Record Sheet

C) Signed and dated Terms of Probation/Supervision that accurately reflect all conditions imposed by the Judge at the time of disposition

D) A completed financial schedule that accurately reflects the amount and categories of monies assessed. Specific requirements of the Court (due date, community service, deferrals etc.) shall be recorded on it.

E) Court notes placed in chronological order (most recent shall be first)

F) Supervision notes shall be kept both on the computer system and in the case file. Supervision notes will be kept in chronological order and will include dates and notes from all court hearings, defendant contacts, agency contacts, victim contacts, and field visits.

G) Copies of all police reports for current cases and any prior domestic violence cases (when available).

H) Agency reports (batterer intervention, substance abuse treatment, community corrections, court clinic evaluations, mental health counseling, medical, educational, job training, community service, etc.)

I) A picture I.D. issued by a government agency, or another picture ID (i.e. a police picture booking sheet or an employment picture I.D.) and a Social Security Card or Birth Certificate.

J) Documentation of immigration status when offender is not a citizen of United States, when available (i.e. resident alien card, “green card”, visa, or immigration paperwork)

K) Copies of all Judicial Orders and Warrant Recall Slips

L) Copies of all restraining orders and restraining order affidavits

M) Copies of all Seven Day Notices, Chief Probation Officer Hearing Notices, Preliminary and Final Probation Violation Hearing Notices, and Review Hearing Notices

N) Risk/Need Assessment Interview, Risk/Need Assessment and Risk/Need Score Sheets

Court Notes:

Whenever a probation matter is advanced into court, the probation officer shall include the following information on the court note:

Docket Number (s)

Offense (s)

Disposition (s)

Monies Assessed - Amount Paid/Balance or Arrears Due

Compliance With Special Conditions of Probation

Compliance With Standard Terms of Probation

Result of CARI/Warrant Management System Check

Restraining Order Information

Recommendation

Disposition and Review Dates

A copy of all court notes are to be given to the ACPO or designated person for data collection purposes.

Chronological Supervision Sheet:

All supervision notes should be kept in a consistent format on the supervision sheet as outlined by the Chief Probation Officer and/or Assistant Chief Probation Officer of the Domestic Violence Unit. The supervision sheet should have notations for all information received from or about a probationer. All entries should reflect the date, type of contact, and a summary of the contact with or about the probationer. Supervision notes should be kept up to date and be placed in the case file prior to going before the court. Supervision sheets should include the following standard information:

• Probationer’s full name & any aliases

• Current residential address and telephone number.

• Current employment status and telephone number.

• All docket numbers, PCF number, Reference number, Social Security number and D.O.B.

• List all offenses and dispositions.

• Name of victim with contact address and telephone number.

• Name of Sentencing Judge

• Name of assigned Probation Officer.

Terms of probation, restraining order conditions, and the consequences of violations and re-offenses should be outlined clearly to defendants:

All terms of probation should be checked off and signed by the sentencing judge. Standard terms include: weekly reporting; verification of residence and employment monthly; compliance with all federal, state and local laws and court orders including restraining orders and child support orders; and refrain from abuse of the victim. Only a judge can add, amend, or waive terms. In instances where that is done, court notes and the chronological supervision sheets should reflect the changes and the name of the judge ordering the changes. New terms of probation should be signed reflecting the changes.

It is important that defendants understand the terms of probation and restraining order conditions. If these are clear, then violations due to misunderstanding will be reduced. To that end probation officers should explain the terms as clearly as possible, take as much time as needed to do this effectively, and answer any questions the defendant might have, especially at case assignment and in the first office visit. The following are some detailed suggestions.

• Read the terms of probation out loud with each probationer prior to having him/her sign the court copy of the terms. (If there are literacy issues, the probationer may not acknowledge them. By reading the terms aloud the probation officer addresses that possibility.) If there was an interpreter for the case, have the interpreter read each term aloud in the native language, translate any other points made by the probation officer, as well as any questions and answers, prior to the probationer signing the terms. (Have the interpreter sign or initial the terms.)

• Make sure that the probationer fully understands the terms and the criminal justice, employment, housing, probate, and immigration consequences of violating the terms of probation. Ask if he/she understands them and if he/she has any questions on his/her responsibilities.

• Note that you will be doing random, unannounced home and work visits to ensure that the address and work information is correct. Explain that this is standard procedure and will happen. Ask the probationer to tell the people who live with him/her that this will happen so that they will not be scared or surprised when probation officers come to the door. Explain that these visits will happen day and night and that sometimes police officers accompany probation officers on these home visits.

• If a batterer intervention program has been ordered, explain that it is a 40- week program with 2 hour sessions once a week and he/she is expected to participate in a positive, pro-active manner. Showing up but not participating will not get him/her through the program, but rather will result in termination from the program in violation of the terms of probation. Stress that he/she should register within a week so that he/she will be in the program with a few sessions completed by the first court review date. (As a follow up strategy, once the probationer is enrolled in the batterer intervention program, the probation officer should review the elements of the batterer intervention contract with the probationer and emphasize that violating the contract can lead to termination from the program and a probation violation hearing.)

• A copy of the terms should be given to the probationer and the original signed terms should be kept in the probation folder.

• Review the payment schedule with the probationer. Draft a schedule for payment of the monies even if it is only a small amount of money per month. This is especially important when there is restitution owed. In those cases, make sure that the payment is in line with the maximum amount that the probationer is able to pay weekly. **Do not leave all monies due by the final date. This can set the probationer up for failure and is unfair to victims when restitution is owed. The original payment schedule should be put in the folder. A copy of the schedule should be given to the probationer and to the Financial Office.

• Review any restraining order conditions with the probationer. Advise him/her of the criminal justice, employment, housing, and immigration consequences of violating a restraining order. Give him/her the restraining order information sheet and review some of the examples on it.

• Stress that the judge and the probation department are first and foremost concerned about the safety of the victim and that you will be contacting the victim throughout the probationary period. Note that this is not optional and that the victim is not responsible for this, the court is.

• Stress that any threats or physical violence towards the victim or any crime of violence will result in a commitment recommendation.

• For substance abuse terms, note that the probation department will be aggressively following up with drug and alcohol screens at office visits, home visits, or with the office of community corrections

• For mental health medication and treatment, note that it is the probationer’s responsibility to ensure that he/she is in control at all times. If there is a lapse in treatment or the probationer taking prescribed medication, then a probation violation hearing will be initiated.

• Explain to the probationer that full time employment, school, job training, or day programming is a term of probation that will be aggressively enforced. If the probationer cannot find employment within 2 weeks, he/she should be referred to STRIVE or Urban League’s 3 week job search program. (It is important that the probation officer understand that this is a safety mechanism for the family. When a DV probationer is unemployed and unoccupied, there is a significant risk of substance abuse and re-offense. In addition, time at work and in programming away from the house, can provide a regular period of relief for the victim and children. Given that, the probation officer should make every attempt to ensure that the probationer is employed full time or in a full time educational, mental health, job training, job search, or substance abuse treatment program. For probationers with disabilities who are on SSI or SSDI and do not want to work, a referral should be made to the Massachusetts Rehabilitation Commission (MRC). It should be stressed that it is not optional and that if he/she doesn’t follow through with what is required by the MRC, then a probation violation hearing will be scheduled.

Risk/Need Assessment:

When doing a risk/need assessment, the probation officer should try to elicit information relevant to dangerousness and lethality. To that end, the probation officer should complete the domestic violence dangerousness assessment form as well as the one page risk/need questionnaire for the Office of the Commissioner of Probation. The victim’s perception of risk should be weighted heavily in any assessment of risk at the time of the initial assessment or at any point that the victim shares this information.

Collateral Contacts/Collaboration:

Probation officers should use collateral contacts to verify probationers’ compliance with terms of probation. Information from these contacts should be as extensive as possible. When dealing with service providers, probation officers should ask about the probationer’s attitude and whether he/she appears to be benefiting from programming, as well as whether he/she is in compliance. Many providers see probationers for an hour or two hour periods per week. They can give probation officers valuable information and insights regarding their probationers. This is especially true of batterer intervention facilitators.

Historically, probation departments have focused solely on probationers and in many cases still do. However, in domestic violence supervision, the focus is on both probationers and victims. This dual focus requires that probation officers develop collaborative relationships with agencies providing services to victims of domestic violence. These relationships will be the cornerstone of their ability to provide options for victims and their children and assist victims with safety planning. Being a part of this network of care will covey to victims that probation officers understand the complexities of domestic violence and will help them access appropriate services.

Field Visits:

All probation officers are required to conduct announced and unannounced field visits to probationers’ homes, places of employment, and local agencies. At all times probation officers should employ the Office of the Commissioner of Probation’s Safe Operations Training I & II safety measures for home visits. Probation officers should provide a list of intended visits with the name, address and telephone number for each probationer to be visited to the assistant chief probation officer or the chief probation officer. Probation officers should carry cellular phones pre-programmed to “911” when conducting field visits. Probation officers should conduct home visits in teams of a minimum of two probation officers or in the company of a domestic violence detective, a community service police officer, or a member of the police gang unit.

Probation officers should visit batterer intervention group meetings prior to or after the meetings as a field visit. This sends a powerful message to probationers that the Probation Department and batterer intervention programs have open lines of communication and are united in holding probationers accountable for their behaviors. Probation officers should reinforce the importance of attending the groups, keeping current on fees, and staying in compliance with the program.

Guidelines for home visits:

• Probation Officers should stress that random home visits are a standard term of probation and are used to verify that the probationer has given the probation department accurate address information. While this may seem simple, it is a very important safety issue for victims. A probationer may assume that probation officers are conducting a home visit because the victim has called or contacted them. It is critical that probation officers always answer this by referring to the terms of probation and Dorchester Probation’s requirement that probation officers go out daily to conduct home visits.

• The probation officer should attempt to conduct a home visit prior to the 1st review. This puts the probationer on notice that home visits will be happening. It also gives the probation officer a chance to see the home setting and have face-to-face contact with the victim if she/he lives with the defendant.

• Home visits should be thorough. They shouldn’t happen at the doorstep. Probation officers should go into the house, see who lives there with the defendant, and see where the defendant sleeps and keeps his/her clothes. A home visit where the probation officer goes into the home, talks with family members, and sees the home environment can provide valuable information. When probation officers ask the probationer a few questions at the door, the address may be verified, but there is no additional information gained about the atmosphere in the home. A victim might be in the living room with a black eye, while the probationer tells the probation officer at the door that everything is wonderful.

• Probation officers should be accompanied by police for high risk home visits. If there is a question of active substance abuse or indications of weapons in the home, the probation officer should schedule a home visit to occur in the company of police.

• What should be done if there is an incident in progress on a home visit? While it is difficult not to respond impulsively and intuitively, careful consideration of one’s own safety and the victim’s safety should be the first step in a decision tree of how to respond. Can the probation officers be effective in de-escalating the situation or is immediate law enforcement intervention required? Probation officers should use their discretion as to if and/or how to directly engage the probationer during the incident. They should use skills outlined in the Office of the Commissioner of Probation Safe Operations I and II training. They should also call 911 and secure their and the victim’s safety as best able. To that end probation officers should have cell phones pre-programmed to 911. Probation officers should conduct home visits in teams of a minimum of 2 probation officers or a probation officer and a police officer. A list of homes to be visited in the order that they will be visited should be given to a supervisor prior to departure.

If probation officers witness the act, they should assume that

they will become primary witnesses for the prosecution -- as victims of

domestic violence often recant or minimize the violence they experience and

frequently do not cooperate with the police or prosecution. Probation officers should provide victims with information on local services for victims of domestic violence so that they will have this information whether they decide to cooperate with prosecution or not.

The probation officer should work diplomatically with the responding officer to ensure that the police report clearly documents as many details as possible about the nature of the offense including the presence of any witnesses. If the perpetrator of the DV incident is the probationer currently under supervision, the probation officer should take appropriate court action, (i.e. ask for a probation warrant, immediate detention, and initiate a probation violation hearing where the recommendation regarding the sanction would be tailored to the type of violation. In addition, the probation officer should collaborate with the police and the prosecutor to enhance the prosecution of the new case. If the probationer is the victim of the DV incident in question, the probation officer should refer the probationer to appropriate victim resources while the police handle the incident.

Safety Considerations:

Probation officers must always be attentive to elements of their daily practice that could pose risks to victims. This is especially true of the manner in which probation officers maintain their files, computer information, or paperwork with victim sensitive information. If there is victim information on the supervision sheet and the probation officer has that file open on the computer or his/her desk, then he/she should always be aware of where the probationer is situated in relation to that information. Sensitive victim information should not be left on desks or counters or placed within sight of probationers (i.e. on financial schedules that are given to them, on computer screens facing them).

Victim comments or statements should not be shared with probationers without the express permission of the victim and then only after there has been some assessment of the potential risks involved in that. When a victim tells a probation officer that the probationer started drinking, is using drugs, or has not paid restitution, the probation officer should never confront the probationer and say that the confrontation is due to information from the victim. There are other ways to obtain the same information without involving the victim (i.e. random home visits, drug screens, checks on restitution payments).

Probation officers should warn/remind victims of their role as officers of the court whenever a victim calls or comes to see them, before they allow them to share information. Specifically, they should remind them that if a crime has been committed, probation officers are required to take court action that might put victims at risk. They should remind victims that nongovernmental victim advocates in the courthouse and in the local health centers are available to talk with victims and help them assess whether sharing information with probation is their safest option.

Early Termination:

In a busy inner city court with high caseloads, there is pressure to keep caseloads down as much as possible. One mechanism that is sometimes used is to advance cases for early termination when a probationer has been in compliance with his/her terms of probation for a year and has completed all formal programmatic requirements. There are risks inherent to this practice in domestic violence cases. The completion of a batterer intervention program takes almost a year. Some probationers have re-assaulted their partners after completing a batterer intervention program. There is some question of whether the reduction in supervision (with the completion of the batterer intervention program) contributes to such a re-offense. For 2- year probationary periods, early termination should not be considered until 3 to 6 months after the completion of the batterer intervention program. Early termination should not be considered without victim input. Victims want truth in sentencing. When they hear that the people who assaulted them will be on probation for a certain amount of time, they are not expecting the case to be terminated 6 months to a year early. This may be time that they had counted on to build protective mechanisms for when the probationer would be back in the community with no supervision.

Domestic Violence cases should not be considered for early termination unless it is in response to additional efforts made by the probationer that were above and beyond the requirements of the standard terms of probation, such as completion of the Fatherhood Program, the Father Friendly Initiative, or the Changing Lives Through Literature Program. Typically, upon completion of one of these programs, the court considers a 6- month reduction in sentence. This would be appropriate in domestic violence cases. But, probation officers should advise the victim when a probationer enters one of these programs and that he/she may finish probation prior to the original termination date. If the probationer successfully completes the program and the probationary period is going to be reduced, the probation officer should notify the victim of the new final date of probation.

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