Introduction/Eligibility
The
8th Circuit Probationers Achieve Success with
Structure (P.A.S.S.) Specialty Court is for people who have been convicted
of a crime with circumstances suggesting a need for comprehensive supervision
and/or expanded services. Unless agreed by the parties, the court does not get
involved unless and until a defendant is convicted by trial or plea of a
criminal offense. All pre-conviction proceedings remain as otherwise
allowed by statute, case law or Supreme Court directive; and during the P.A.S.S.
Specialty Court process the people and defendant retain all rights allowed
under state and federal law.
The
P.A.S.S. Specialty Court program is accessible regardless of race, religion,
sex, gender status, ethnic origin, sexual orientation, marital status, age,
mental or physical disability.
The purpose of
the Probationers Achieve Success with Structure (P.A.S.S.) Specialty Court is
to promote individual success, while maintaining compliance with probation
rules and expectations by providing treatment, educational, social and
employment services to probationers, increased supervision, and immediate,
consistent, and predictable sanctions to at-risk probationers while reducing
recidivism and maintaining community safety.
PROGRAM DESCRIPTION
The P.A.S.S. is
modeled in part after the Georgia Justice Project, Hawaii’s Opportunity
Probation with Enforcement program, the Michigan Specialty Court concept and
Prison Re-Entry Program to provide treatment, educational, social and
employment services to probationers, increased supervision and swift and sure
sanctions.
Too often
probation officers do not have the resources and tools to address the
individual needs of their probationers.
Too often the missing component is education, employment and
alternatives to criminal behavior. The
social services aspect would endeavor to provide probationers the social
resources needed to regain positive control in their lives. It may include weekly meetings, individual
counseling, drug testing and any other programs necessary to help the
client. The educational and employment
support services’ component would partner with other governmental entities, the
educational and business community to provide education and training, assist
with resume writing, employment interview preparation, providing contacts and
working with the above entities to provide actual job opportunities.
The wrap around
approach will be complemented by the Department of Corrections and other local
and state entities working with local law enforcement to ensure maximum
supervision, including home visits, drug testing and role modeling. Court involvement will provide any necessary
sanctions, and incorporate the techniques utilized by the specialty
courts.
The program is
not designed for mass implementation, but for probationers committed to
changing their lifestyle and becoming productive members of the community. Enrollment requires a fairly intensive
interview process and a provisional trial period.
The P.A.S.S. Specialty Court has as its core two concepts: 1) Swift
& Sure Sanctions (SSS) and 2) Adult Intensive Probation (AIP). Both are specialty court concepts for
probationers in need of more intensive supervision while on regular
probation. The idea being to achieve
compliance with probationary terms, thereby enhancing the success of the
probation process and, ultimately, reducing recidivism within the community and
maintaining community safety. Both concepts
provide the following:
A tailored, even-handed approach to praise and sanction as necessary;
The expectation of compliance through quick, immediate and predictable sanctions;
The expectation of well-timed, positive feedback and reinforcement from the Judge, Probation, P.A.S.S. team members and service/other entities for compliance;
The use of incentives to encourage continued probation compliance and growth;
A collaborative effort between the probation department, Judge, State and community entities, P.A.S.S. team members and local law enforcement, attorneys, and the county correction system to provide educational, social and employment services, and early intervention, while promoting safety in the community.
The SSS’s
primary focus is compliance, with expedited sanctions for non-compliance. Probationers with drug or alcohol related
offenses and/or have an identified drug or alcohol issue must submit to random
drug and alcohol testing. The AIP
concept in conjunction with the Swift & Sure Sanction approach contemplates
increased supervision of the probationer, with sanctions tailored individually to
each situation and probationer to make the most impact.
All terms and
expectations of probation, including reporting and any other expectations, are
subject to P.A.S.S. team assessment and review.
The probationer is required to attend in- court sessions, as requested
by probation/judge/the P.A.S.S. team. Law enforcement, educational, social, community
and business representatives work together to provide supervision, educational,
social and employment services and opportunities for P.A.S.S. probationers. A goal being even to continue services during
any incarceration.
CONFIDENTIALITY
Probationers
will be required to sign a release of information which allows treatment
providers, employers, educators, other state and local entities to communicate/give
information to the P.A.S.S. Specialty Court Team. P.A.S.S. Team members will have regular
contact with the above entities to discuss progress and compliance. This lack of confidentiality/open
communication allows for maximum, effective and consistent guidance. It remains, however, the objective of this
program to protect the privacy of P.A.S.S.
probationers to maintain the integrity and safety of the group. Whenever possible personal issues discussed
within the P.A.S.S. Specialty Court groups and Hearings should be kept private.
ADMISSIONS/ELIGIBILITY
CRITERIA
Probationers
referred for the P.A.S.S. Program must meet the following criteria at the time
of sentencing into the program:
Probationer
must be at least 17 years of age and sentenced on a felony offense.
Probationers
must have a high risk to reoffend; difficulty cooperating with authority; or history
of two (2) or more probation failures due to noncompliance of probation or like
history of two or more instances in school, work or family demonstrating a need
for intensive supervision.
Probationer
must reside in Montcalm County or be able to be supervised by the P.A.S.S.
Specialty Court.
Probationer
must have a demonstrated need for services (substance abuse, mental health,
counseling, transportation, education, medical, employment, supervision, etc.)
or other special circumstances.
REFERRAL PROCESS
A
P.A.S.S. Program Referral Form must be completed by the referring Probation Agent/Officer,
Attorney, Family member or other community representative. The completed referral form, and the most
recent Pre-Sentencing Investigation Report (PSI), Sentencing Information Report
(SIR) and current Probation Order, is then forwarded to the P.A.S.S. team for
screening. Individual interviews may be
requested.
If
placed into the program, the probationer will be ordered to comply with all the
rules, regulations, and expectations of the program, including all terms of
probation and any special conditions…,” via amended probation order.
ADULT INTENSIVE PROBATION (A.I.P.)
SUPERVISION REQUIREMENTS
The following Adult Intensive Probation (A.I.P.)
Supervision provisions shall apply to P.A.S.S. probationers:
In Person One per week
Home Visits Contact may be
with the defendant and/or a resident
of
his/her household. Two (2) contacts per
month.
Employment Status Discuss with
probationer one time per week.
Collateral
contact with employer or training provider,
or
paystub verification per pay period received as
soon
as possible, after probationer obtains or enrolls,
if
appropriate.
LEIN Check Every other
month, including driving record check.
Five
(5) days prior to discharge from Swift and Sure
Probation
Program date.
Restitution Review Discuss
with probationer during report day
Payment Review Discuss
with probationer during report day
MAPS (Michigan As needed
Automated Prescription
System)
In Court Sessions As needed
Drug
As needed
Alcohol testing
Scram/tether As needed
REPORT DAYS
Participants
in the P.A.S.S. Specialty Court are expected to report to Probation on the assigned
day and time. P.A.S.S. probationers must
bring any treatment, testing, employment, residence, community service, or
self-help verification requested by the Probation Officer. Any changes in the probationer’s life, such
as address, roommates, employment, medication, etc., must be disclosed to your
Probation Officer at report.
EMPLOYMENT AND/OR
EDUCATION
Participants
in the P.A.S.S. Specialty Court may be required to obtain/maintain employment
or enroll in an educational program to the best of one’s ability. Probationers may also be required to perform
community service.
PBT’s AND URINE
SCREENS
Participants
in the P.A.S.S. Specialty Court cannot use or possess alcohol or any controlled
substance or substance for hallucinatory purposes without a court order, and
may be required to submit to PBT’s and/or urine screens while in this
program. Any altered samples or diluted
samples will be considered positive. The
issue of a missed PBT or urine screen will be addressed at the next review
hearing. A positive PBT/urine screen may
result in immediate jail.
P.A.S.S. TEAM EXPECTATIONS
P.A.S.S. team members are expected to abide by the
following rules while in any Courtroom, in the Courthouse, or when dealing with
probationers:
Do
not discuss any confidential information in public areas, hallways, or
off-record in the Courtrooms. If you
must discuss client/confidential information, you must do so in a conference
room. It is unacceptable to do so while
sitting in the gallery of a Courtroom.
Present
professionally at all times.
Disclose
any conflicts or possible conflicts immediately when known or believed to be
possible.
Educate
the community and stake holders about the program.
Assure
program success internally and externally through team building.
Stay
abreast of service providers and programs they offer.
Attend
Team meetings.
Assist
with probationer resources, including but not limited to housing,
transportation, treatment or other programs/needs as requested by the judge or
probation agent.
Assist
with Community Service coordination, placement and tracking as requested.
Provide
consistent, verbal praise and recognition to probationers who comply with
probation.
Review
and recommend sanctions consistent with the program’s philosophy for violations.
