8th Circuit Montcalm County Probationers Achieve Success with Structure Manual for Success

Introduction/Eligibility

The 8^th 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.