Friday, July 4, 2014

The Case for Probation (in Just About Every Case)

            Imagine having to report to a person in an office every week. If you are late or forget, you could go to jail. Imagine having to keep a job or go to school full time. If not, you could go to jail or at the very least explain to a judge why you shouldn’t go to jail. If you want to visit the mainland or even Oahu, you have to check in and get permission from an officer of the court. If not, you could be considered an absconder and may be arrested.
In some cases, you could get a curfew. If you’re out after dark, you could get arrested. Perhaps you have to pay for an assessment to see if you are a drug addict or an alcoholic. On top of that, you may have to pay court fees and fines on a monthly rate for four years or until it’s all paid up. These are the most basic conditions of probation.
            This paper duly reports on the fates of criminal defendants. These pages feature colorful quotations from judges, prosecutors, defense lawyers, and sometimes the defendants themselves sensationalize the event of a sentencing hearing. Details about the offense are described. Sometimes it seems innocuous. Other times it could be horrifying.
But no matter what the offense is, the end is always the same: the judge issues his or her sentence. Sometimes it’s prison. A defendant is carted away by the sheriffs.
And then there’s probation.           I’m always struck by the letters of outrage to the sentencing judges that order a person to be put on probation instead of prison. One thing the paper never really discusses is probation. What exactly is it? Is it hard? Why is it such a common disposition in a criminal case—even when there are crimes of violence?
            Here are the basics. Probation is an alternative to prison. Instead of going off to places like Halawa prison on Oahu or private facilities in Arizona, the probationer stays right here and out of custody. Rather than being under surveillance and guarded twenty-four hours a day with the State footing the bill for housing, meals, and medical services, the burden shifts to the probationer to find a clean and decent place to live, get a job, and become a productive member of the community.
The only real catch is that the court orders a list of conditions by which the defendant is required to abide.         The most common condition is checking in with a probation officer. These officers work for the judiciary and keep track of the probationer’s progress. If the court orders complete sobriety and drug testing, it’s the probation officer’s job to do that. Probationers are required to keep a job or go to school full time. Most importantly, they are not allowed to pick up another conviction.
            If a probationer violates the terms, his probationary status could be revoked and the judge would sentence him or her all over again. In some cases, he could get probation all over again and the actual sentence could even be longer than a prison sentence.
            So why do people get so upset when a person is sentenced to probation? Why is there such a vehement demand for prison? Prison is a very hard on the defendant. Prison rips a person out of the community and family life. The prisoner is left in isolation where he or she acquires no skills, formal education, or training. It doesn’t encourage anyone to do anything but wait for the term to end.
            It’s costly for the community too, but stats are hard to come by. Each state has a different bill to house prisoners. Alabama, for example, spends something like $17,285 a year for a single inmate. New York City, on the other hand, spends a whopping $168,000. Hawaii is in the middle. The State Attorney General reported that in 2009, it cost $118 a day for a single inmate, which comes to about $43,000 a year.
Probation—without guards, meals, shelter, and medical services—is certainly cheaper. On top of that, the probationer is required to be productive. They have to keep jobs and probation officers almost always require pay stubs as proof of employment. They have to pay off fines and any restitution.

Seems like a win-win situation for society and the probationer. And yet, we still demand prison for folks who’ve been sentenced. Granted, punishment is always a factor to consider at sentencing, but it’s not the only one. It should never be the main reason to sentence somebody. There will always be those who wish to indulge in the need to severely punish offenders. But prison isn’t a solution for most folks. We just can’t afford it.                    

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