Immediate Sanction Probation Pilot Project Update Virginia Criminal Sentencing Commission November 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 Probation Pilot Project (2012) 2 Background ~ 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 3 Background 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 4

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

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

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

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 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 9 Upcoming Activities