Strengthening Probation as the Sanction of Choice

1. Strengthening Probation as the Sanction of Choice In order for Probation to be a meaningful sanction, it must be adequately funded. Probation is the sanction of choice in the criminal justice system. More offenders are under the supervision of county Probation Departments than are in state prisons and on parole combined. These are not just non-violent offenders. More and more violent offenders are under community supervision, including sex offenders and domestic violence offenders. This increased demand for services has resulted in new, innovative initiatives being implemented across the state by County Probation Departments with the focus on keeping our communities safe. We cannot fulfill this mission alone. We must have the financial backing of the state. However, over the years the state’s financial commitment to fund county Probation Departments has dwindled. At the same time, new laws have been created that boasted of no cost to localities, when in fact there have been substantial costs to localities. These unfunded mandates continue to “water down” the overall Probation system. There are so many people going through the Probation system, a system that is currently under-funded, that Probation cannot continue to manage the present volume. This therefore makes Probation a less meaningful sanction. The New York State Council of Probation Administrators is requesting that state aid to local Probation Departments be funded at the maximum percentage allowable by law (50%). Further, we ask that there be a moratorium on any new legislation that creates any financial burden on counties unless sufficient resources are also included. We stand ready to assist the legislature with thoughtful discussions on how to strengthen Probation as the sanction of choice.

3. Adult Offenders Served12/31/2009 2009-2010 State Funding

4. New York State Probation Related Criminal Court FactsAdults under Probation Supervisionon 12/31/09 122,086Most Serious Offense Felony 60,037 49%Most Serious Offense misdemeanor 57,350 47%Most Serious Offense Other 4,699 4%Most Serious Offense for Adult Offenders under supervision 12/31/00 Property 30,610 25% DWI 29,233 24% Violence/Coercion 28,992 24% Drug Law Violations 21,816 18%Other 11,435 9%Male 96,849 80%Female 24,324 20%White 56,453 46%Black/African Am. 35,083 29%Hispanic 24,496 20%Asian 1,224 4%Other 4,830 4%Source: NYSDPCA Client Data Base System

5. Total Family Court Intake Cases Opened in 200870,089

6. New York State Probation Related Family Court FactsIntake Cases Open in 2008 70,089 Juvenile Delinquents 25,518 PINS 10,256 Family Offense 12,699 Cust/Adopt/Visit. 13,391 Other(support/paternity/other) 8,225 Investigations Completed 2008 Juvenile Delinquent 5,732 PINS 1,679 Cust/Adopt/Visit. 2,431 Other 2,966 Source: NYSDPCA Probation Workload System

8. New York State Probation Related Family Court Facts Family Court Supervision cases open on 12/31/08 Juvenile Delinquent 8,477 PINS 2,628Family Offense 109 Other 854 Juveniles Delinquents Received for Probation in 2008AgeMaleFemale 13 and under 11% 2% 14-15 45% 12% 16 and over 24% 6% TOTAL 80% 20% PINSAgeMaleFemale 13 and under 10 % 6% 14-15 31% 24% 16 and over 14% 15% TOTAL 55% 45% Restitution collected in 2008(family court only) $606,033

9. State Reimbursement Rate History

10. Overall Impact of Unfunded Mandates on a Probation Officer’s Time