Immediate Sanction Probation

Pilot Project Update

Virginia Criminal Sentencing CommissionNovember 7, 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

Directive for Immediate Sanction ProbationPilot Project (2012)

2Background

~ Chapter 3 of the 2012 Acts of Assembly, Special Session I (adopted May 22, 2012)

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

3Background

Model for Virginia’s Pilot Program

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

Key Stakeholders in Pilot Sites

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September 10 Presented proposals to SentencingCommission, 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 site5

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

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Recent Activities

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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

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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

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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Upcoming Activities