1. PRESENTATION TO CARIBBEAN REGIONAL CONFERENCE PROMOTING ALTERNATIVES TO CUSTODIAL PUNISHMENT
Presented by
Claire Blandin
Chief Probation Officer
Republic of Trinidad and Tobago

2. PROBATION SERVICES Division
Overview
The Probation of Offenders Act Chapter 13:51 is the piece of Legislation that governs the operations of the Probation Services Division of the Ministry of Social Development

3. PROBATION SERVICES The Probation Unit
Probation Services has been in effect since 1947
Prior to this period, Social Work was managed through Voluntary after-care services / interventions provided by Religious organizations

4. PROBATION SERVICES (cont’d)
The Service was established to provide an alternative to imprisonment for young persons convicted of criminal offences
Probation became the social arm of the Court, providing counselling and rehabilitation services for probationers, problem children, marital couples etc.

5. PROBATION SERVICES (cont’d)
Judges and Magistrates use Probation as a sentence quite frequently
Individuals can be placed on Probation for periods of one (1) to three (3) years.
Currently the Probation Caseload is 325 persons, including Tobago

6. PROBATION SERVICES (cont’d)
Persons placed on Probation are mainly between the ages of fourteen (14) and twenty five (25) years old.

7. PROBATION SERVICES The Community Service Orders Unit
Overview
The Community Service Orders Act No. 19 of 1997 was implemented by the Probation Services Division in the year 2000.

8. PROBATION SERVICES The Community Service Orders Unit
As early as 1980 a Commission of Enquiry made recommendations that Community Services Orders to be introduced
The Commission felt Community Service kept the family where it existed (together)

9. PROBATION SERVICES The Community Service Orders Unit
The Commission noted that the State did not have to be financially responsible for both offender and his or her dependents, which occurs when a custodial sentence is imposed.
The Commission also saw Community Service as a medium through which the prison population could be reduced.

10. PROBATION SERVICES The Community Service Orders Unit
The Community Service Orders Act 1997, was passed in both Houses of Parliament in August 1997 and proclaimed on June 1, 1998.
Only then was it seriously considered as a Court sanctioned alternative.

11. PROBATION SERVICES The Community Service Orders Unit
The main objective of a Community Service Order (CSO) requires an offender to perform unpaid work in accordance with the provisions of the Act.

12. PROBATION SERVICES The Community Service Orders Unit
Rationale for the Orders is to prevent further re-offending by re-integrating the offender into the Community by:
Introducing positive and demanding unpaid work

13. PROBATION SERVICES The Community Service Orders Unit
Encouraging in the offenders a sense of personal responsibility and self- discipline.
Ensuring reparation to the community by undertaking socially useful work, making good the damage done

14. PROBATION SERVICES The Community Service Orders Unit
Reducing the risk of recidivism or repeat offending
Benefitting the community by providing labour or work which would otherwise be undone or costly.

15. PROBATION SERVICES The Community Service Orders Unit
The Legislative Framework
The Community Service Orders Act 1997 allows for a non-custodial sentence to be imposed in situations where normally the penalty would be imprisonment for twelve months or less.

16. PROBATION SERVICES The Community Service Orders Unit
The Offender must be sixteen (16) years of age or over, convicted of an offence and may, with his/her consent, have their sentence of imprisonment suspended for up to two years

17. PROBATION SERVICES The Community Service Orders Unit
The Community Service to be completed may require the offender to perform between forty to two hundred and forty (40 – 240) hours of unpaid work in the service of his/her community wherever possible

18. PROBATION SERVICES The Community Service Orders Unit
The Court must be satisfied after consideration of a probation officer’s report, the offender and his circumstances, that he/she is a suitable candidate to perform work under the order and suitable arrangements can be made for the offender to do so.

19. PROBATION SERVICES The Community Service Orders Unit
Work performed under the Community Service Order should, as far as possible, be completed within the twelve (12) month period from the date of the order.
The order will remain in force past that time, if the specified number of hours contained in the Order has not been performed.

20. PROBATION SERVICES The Community Service Orders Unit
For Breach of requirements of an Order the Court then has a range of options:
to continue the Order and impose a fine
to continue the existing order and make an additional order

21. PROBATION SERVICES The Community Service Orders Unit
Revoke the order and enforce the term of imprisonment previously suspended

22. PROBATION SERVICES The Community Service Orders Unit
Community Service is not applicable to certain types of offences. These offences listed in the schedule to the Act include murder, manslaughter, possession of arms and ammunition, shooting, robbery, any sexual offence, drug trafficking and kidnapping

23. PROBATION SERVICES The Community Service Orders Unit
The Act provides for variation or revoking of the Order by application by the Probation/Community Service Officer or the offender
The Act also makes provisions for the imposition of Combination Orders which bring together the elements of a Probation Order and a Community Service Order.

24. PROBATION SERVICES The Community Service Orders Unit
On successful completion of community service, such a person is given the opportunity to apply to the Court to have his conviction nullified / expunged. In the case of a first time offender, the offender is given a new start, as if he/she never committed an offence.

25. PROBATION SERVICES The Community Service Orders Unit
Implementation
An Ad-Hoc Committee was established and was given the responsibility to make recommendations for the successful implementation of the Act

26. PROBATION SERVICES The Community Service Orders Unit
The Committee presented a report which included inter alia:
The establishment of an organizational structure
A Public Education Strategy
The upgrading of the Probation Services Division

27. PROBATION SERVICES The Community Service Orders Unit
The training of members of the Judiciary, Prosecuting Attorneys, non legally trained Police Prosecutors, staff of the Probation Services Division
The mobilization of Non Governmental Organizations to perform the task of Receiving Agencies in partnership with Government

28. PROBATION SERVICES The Community Service Orders Unit
Regulations were drafted and sensitization efforts were initiated with:
Workshops organized throughout the country for Non-Governmental Organizations and the public to which the media (electronic and print) was invited

29. PROBATION SERVICES The Community Service Orders Unit
A paper presented to Judges of the Supreme Court at the Judicial Education Workshop for High Court Judges
The Court and Process arm of the Police Service given copies of the Act for discussion and to explain the plan of action for implementation

30. PROBATION SERVICES The Community Service Orders Unit
Magistrates individually approached with copies of all documents that would be used in the sentencing of offenders to Community Service, including a copy of the Act, for their comments and feedback

31. PROBATION SERVICES The Community Service Orders Unit
A television documentary on Community Service recorded for the viewing audience of Trinidad and Tobago by the Government’s Information Division.
Seminars and workshops were coordinated and continued for the public, Organizations and Agencies

32. PROBATION SERVICES The Community Service Orders Unit
Radio/talk shows were hosted
Pamphlets were distributed
Simultaneously, the staffing needs were addressed by Cabinet

33. PROBATION SERVICES The Community Service Orders Unit
Attitudes of Judiciary / Magistracy
Judges initially lobbied for the introduction of community service but the schedule of non-applicable offences immediately excludes them from utilizing community service orders as an option (Section 3(1) of Act.)

34. PROBATION SERVICES The Community Service Orders Unit
Many Magistrates were of the opinion that the Community Service Act would not work.
Some were of the belief that offenders should pay for their crimes and Community Service was a “soft” punishment.

35. PROBATION SERVICES The Community Service Orders Unit
Those who bought into the concept went cautiously ahead, particularly those Magistrates who sat in suburban and rural areas.
Less than one hundred Orders were made after the first year of the programme.

36. PROBATION SERVICES The Community Service Orders Unit
Our challenges:
Not all Magistrates accepted the presence or the reports of the Community Service Officers
Some Magistrates place offenders on Community Service “From The Bench” without the benefit of a probation report, once the offender consents.

37. PROBATION SERVICES The Community Service Orders Unit
Quite recently, an offender was convicted on an indictable offence. The sentence was appealed and the offender was subsequently placed on Community Service.
Many of the Community Service Orders have been given for the Possession of Marijuana.

38. PROBATION SERVICES The Community Service Orders Unit
Recommendations
Community Service Orders be extended to have Offenders attend counselling sessions and/or drug rehabilitation programmes, once it is established that drug/alcohol use is the genesis of the presenting problem.

39. PROBATION SERVICES The Community Service Orders Unit
Provision be made for the offenders to perform Community Service on weekends, once the offenders’ rights are not violated.
The age for placing an offender on Community Service be reduced from sixteen (16) to fourteen (14) years.

40. PROBATION SERVICES The Community Service Orders Unit
Non Governmental / Receiving Agencies
The primary arguments of NGOs, CBOs and FBOs were:
They viewed the offenders as a threat to their security and as criminals
They felt they should be given monetary incentives to accept these so called “criminals”

41. PROBATION SERVICES The Community Service Orders Unit
They questioned who would be responsible and or liable if an offender is injured while on active duty performing community service

42. PROBATION SERVICES The Community Service Orders Unit
Number of offenders on Community Service
From January to September 2007 –
161 offenders ,225 hours ordered
Between January and December 2006 –
180 offenders ,428 hours ordered

43. PROBATION SERVICES The Community Service Orders Unit
Number of offenders completed to date -
approximately 185
Recidivism rate between 15 – 20%

44. PROBATION SERVICES The Community Service Orders Unit
Types of Work Performed by Clients
Both in public and private sector
Assisting in Preparing Meals for Senior Citizens
Grooming Residents in Senior Citizens’ Homes
Painting
Labouring

45. PROBATION SERVICES The Community Service Orders Unit
Masonry
Plumbing
Training (Teaching)
Reforestation
Landscaping
General Maintenance

46. PROBATION SERVICES The Community Service Orders Unit
Further Challenges:
Attracting and maintaining staff
Maintaining the interest of the NGOs, CBOs and FBOs.
Enlisting new Agencies to accept the offenders
Maintaining liaison with the Magistracy to encourage continued use of the Programme

47. PROBATION SERVICES The Community Service Orders Unit
OSHA Act – What happens/who is responsible if an offender is injured on the job?
Who is responsible to provide safety equipment/protective gear for offenders?
Having the Police Service acknowledge the nullification order as they remain on the books

48. PROBATION SERVICES The Community Service Orders Unit
Success Stories
Offenders being offered employment at an Agency after successfully completing Community Service Order
Offender beginning own business and being used as a Receiving Agency
Offenders returning to tell of their own experience (no one cared about them)

49. PROBATION SERVICES The Community Service Orders Unit
New Horizons
A Prison Reform and Transformation Implementation Unit has been set up to coordinate the recommendations made by a Cabinet Appointed Task Force with respect to further alternatives

50. PROBATION SERVICES The Community Service Orders Unit
The report considered
Community Corrections
Restorative Justice
Youth Justice
Parole
Attendance Centres etc.

51. Probation Services Division Ministry of Social Development
THANK YOU

52. Probation Services Division Ministry of Social Development
Questions ?