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Immediate Sanction Probation Pilot Project Update

This project aims to implement immediate sanction probation program in pilot sites to improve compliance with probation conditions by applying swift and certain sanctions. The project will last for two years and follow the model of Hawaii's Opportunity Probation with Enforcement program.

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Immediate Sanction Probation Pilot Project Update

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  1. Immediate Sanction Probation Pilot Project Update Virginia Criminal Sentencing Commission November 7, 2012

  2. Directive for Immediate Sanction Probation Pilot Project (2012) ~ Chapter 3 of the 2012 Acts of Assembly, Special Session I (adopted May 22, 2012) In 2012, the General Assembly directed the Sentencing Commission to implement an immediate sanction probation program in up to 4 pilot sites The Sentencing Commission is charged with selecting the pilot sites, developing policies and procedures for implementing the program, and evaluating the results 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 project will last two years 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 recent federally-funded evaluation of HOPE found a significant reduction in technical violations and drug use among participants, as well as lower recidivism rates Background

  4. Key Stakeholders in Pilot Sites • Judges • Commonwealth’s Attorney and Staff • Probation Officers • Public Defender’s Office / Court-Appointed Attorneys • Sheriff’s Office and Police Departments • Clerk of Court and Staff • Magistrates

  5. Recent Activities September 10 Presented proposals to Sentencing Commission, including suggested pilot sites (Henrico, Newport News, and Lynchburg) Began drafting manual, warning script, and forms October 5 DOC confirmed that resources will be made available for one probation officer to spearhead the program in each pilot site October 9-10 Met with stakeholders in Henrico; Henrico agreed to participate as a pilot site

  6. Recent Activities October 17 Met with key stakeholders in Newport News; Newport News decided not to participate in the pilot program October 25 Met with Henrico stakeholders to discuss additional details October 31 Met with stakeholders in Lynchburg; Lynchburg agreed to participate

  7. Status in Henrico • Two judges have been designated to oversee the caseload and the hearings • Judge Yoffy • Judge Wallerstein • DOC has designated a probation officer to supervise the offenders in the program • Judge Wallerstein has contacted several court-appointed attorneys who have agreed to provide defense counsel to offenders in the program • These attorneys were briefed on November 6

  8. Status in Henrico • Sheriff and Chief of Police have agreed to arrest program violators quickly • The two offices are coordinating to work out ways to divide the additional duties • Judges have arranged to hold expedited hearings for program violators on Monday, Wednesday, and Friday at 1:00pm • Clerk’s Office has agreed to forward all program forms to the Sentencing Commission • Start date: November 1

  9. Upcoming Activities November Conduct additional meetings in Lynchburg Identify third pilot site and meet with stakeholders there Work with DOC and the Compensation Board to develop new codes for their automated systems so that participants can be tracked January 2012 - Conduct monthly meetings with judges, September 2013 prosecutors, probation officers, and other key stakeholders in the pilot sites October 2013 Due date for implementation report

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