probation officer being unfair

[569] Ibid., p. 11-12. Human Rights Watch also observed scores of court hearings in Philadelphia County, Pennsylvania; Delaware County, Pennsylvania; Milwaukee County, Wisconsin; Chatham County, Georgia, and Lowndes County, Georgia, during which judges were presiding over the cases of many people in custody for violation of their supervision as a result of drug use or possession. Why isnt it just a shorter revocation?, Wisconsin State Representative Evan Goyke told us. . Permits all people to have an individualized detention hearing by a neutral arbiter within 48 hours of detention, during which they have a right to counsel (see above recommendation to Judges, Court Systems, and Parole Boards). A Look Back at Redlining in Racine County, The Journal Times, November 18, 2019, https://journaltimes.com/news/local/how-did-we-get-here-a-look-back-at-redlining/article_239b8714-55cc-5a23-ae9f-a431c27f98ec.html; George Joseph, How Wisconsin Became the Home of Black Incarceration, CityLab, August 17, 2016, https://www.citylab.com/equity/2016/08/how-wisconsin-became-the-home-of-Black-incarceration/496130/; Columbia University Justice Lab, Wisconsin Community Corrections Story, p. 18-22. Violations often lead to harsh penalties. CP-51-CR-2678-2010 (Philadelphia, Pennsylvania).

[290] See for example, National Association for Public Defense, NAPD Statement on the Issues with the use of Virtual Court Technology, May 29, 2020, https://idc.utah.gov/wp-content/uploads/2020/06/NAPD-Virtual-Court-Statement-8.0.pdf; Shari Seidman Diamond et al., Efficiency and Cost: The Impact of Videoconferenced Hearings on Bail Decisions, Journal of Criminal Law and Criminology, Summer 2010, https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=7365&context=jclc; Camille Gourdet, et al., Court Appearances in Criminal Proceedings Through Telepresence: Identifying Research and Practice Needs to Preserve Fairness While Leveraging New Technology, RAND Corporation, https://www.rand.org/pubs/research_reports/RR3222.html; Christina Goldbaum, Videoconferencing in Immigration Court: High-Tech Solution or Rights Violation?, New York Times, September 12, 2019, https://www.nytimes.com/2019/02/12/nyregion/immigration-court-video-teleconferencing.html; Beth Fertig, Do Immigrants Get a Fair Day in Court When Its by Video?, WNYC, September 11, 2018, https://www.wnyc.org/story/do-immigrants-get-fair-day-court-when-its-video/. 9763; Wisconsin Department of Corrections, Standard Rules of Community Supervision, https://doc.wi.gov/Pages/AboutDOC/CommunityCorrections/SupervisionRules.aspx; Human Rights Watch interview with Judge Karen Yvette Simmons, October 29, 2019.

However, in 2014, the only year for which we could find such data, the Pennsylvania Department of Corrections reported that 23 percent of the 10,313 admissions following court proceedings were on probation at the time of prison admission, suggesting they were incarcerated following probation violations. ICCPR article 11, which prohibits imprisoning someone merely for failure to fulfill a contractual obligation, may be relevant in circumstances in which probation fees, which normally flow from a court order rather than a civil contract, are owed to private for-profit companies. . [797], Similar disparities exist throughout Georgia. [166] Mario Salas and Angela Ciolfi, Driven By Dollars: State-by-State Analysis of Drivers License Suspension Laws for Failure to Pay Court Debt, Legal Aid Justice Center, 2017, https://www.justice4all.org/wp-content/uploads/2017/09/Driven-by-Dollars.pdf, p. 2.

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In 2018, the last year for which such data is available, 28 percent of all state and federal prison admissions resulted from parole, extended supervision, and split sentence probation violations. Supervision officers say they generally give people multiple chances before pursuing revocation. She told us she is grateful to be home with her children, and is focusing on putting her life back together. Investing in communities will help to break the cycle of incarceration and facilitate access to the resources people want and need. 973.09. [456] 61 Pa.C.S. [143] Human Rights Watch interview with Romelo Booker, November 20, 2019. [92] U.S. Census Bureau, Race American Community Survey1-yearestimates, 2018, https://censusreporter.org; Pennsylvania Board of Probation and Parole, County Adult Probation and Parole Annual Statistical Report 2018, https://www.parole.pa.gov/Information/Documents/CAPP%20Reports/2018%20CAPP%20Report.pdf, p. 16. [109] Breaking any rule can trigger harsh sanctions, including incarceration. [532] Columbia University Justice Lab, Too Big to Succeed, p. 2; The Sentencing Project, U.S. Miner, To Treat Milwaukees Trauma, Stop Traumatizing People: Close Secure Detention Facility, Milwaukee Journal Sentinel, July 13, 2018, https://www.jsonline.com/story/opinion/contributors/2018/07/13/milwaukee-secure-detention-facility-should-shut-down/776114002/; Latoya Dennis, Group Pushes for Milwaukee Secure detention Facility Closure, WUWM, June 30, 2017, https://www.wuwm.com/post/group-pushes-milwaukee-secure-detention-facility-closure#stream/0. Hill has been in jail or on probation for nearly four decades, primarily for drug and property offenses, and is currently sentenced to five years of probation for a 2015 escape. [788], These disparities are particularly pernicious in many counties studied by Human Rights Watch. [98] These disparities in wealth result from decades of racist policies in areas from the criminal legal system, to housing, to employment.

Laura Pitter, US Program deputy director, participated in some of the research interviews.

Ibid, p. 6; see, for example, Maricopa County, Arizona, Unsupervised Probation, updated November 12, 2019, https://superiorcourt.maricopa.gov/apd/unsupervised/. Human Rights Watch, Set Up to Fail: The Impact of Offender-Funded Private Probation on the Poor, (New York: Human Rights Watch: 2018), https://www.hrw.org/report/2018/02/20/set-fail/impact-offender-funded-private-probation-poor; Human Rights Watch, Profiting from Probation: Americas Offender-Funded Probation Industry, (New York: Human Rights Watch: 2014), https://www.hrw.org/report/2014/02/05/profiting-probation/americas-offender-funded-probation-industry; Andrew Cohen, The Private Probation Problem is Worse Than Anyone Thought, The Atlantic, February 5, 2014, https://www.theatlantic.com/national/archive/2014/02/the-private-probation-problem-is-worse-than-anyone-thought/283589/. [461] Human Rights Watch telephone interview with Representative Evan Goyke, March 16, 2020. Flucas told us that the police agreed the address complied with his residency restrictions, and he moved right in. Pennsylvania Board of Probation and Parole, County Adult Probation and Parole Annual Statistical Report, 2018, https://www.cor.pa.gov/About%20Us/Statistics/Documents/Reports/2018%20CAPP%20Annual%20Statistical%20Report.pdf, Table 2. A person on probation doesn't have the same freedoms the average person does and must live under specific rules, or conditions. Even a few days in jail can mean stigma; lost jobs; missed time and estranged relations with loved ones; disrupted access to health care, education, services, and public benefits; loss of child custody or visitation; harm to children and others for whom the detained person is a caregiver; housing instability; harms to mental health; and exposure to violence, abuse and illness behind bars. [339] Another 6 percent of people were sentenced and also had a detainer; such individuals are not counted in the data provided above. [430] 61 Pa.C.S. The WI DOC cautioned that [b]ecause there is no way to match exactly the admission movement to the violation record the resulting data should be considered an estimate as the violations associated with the admissions may not be the right violations, and noted that not all admissions had associated violation records from EBRV due to the timing of when the DOC started recording violation records from EBRV.[29] Given these limitations, Human Rights Watch did not analyze this data. [289] Ibid. Res. [361] Human Rights Watch e-mail correspondence with Judge John Edwards, January 28, 2020. As described later in this section, supervision officers in Georgia and Wisconsin routinely approach people in jail, sometimes before a lawyer has been appointed, with inducements to forgo their hearing rights. Martin was shocked: Its like telling a diabetic you cant take insulin. With Suboxone, the propensity for me to use will not be there and I wont commit crimes and wont go to jail, she said. Additionally, we interviewed 42 lawyers and six judges in Pennsylvania, Wisconsin, and Georgia, and one lawmaker in Wisconsin. Other states, including New Mexico, Oregon, Washington, Texas, and Florida, also apply the exclusionary rule in revocation proceedings. Once people enter the program, they must successfully complete it, following all program rules, which sometimes comes down to subjective judgments about a persons commitment and attitude, as well as the correctional facilitys rules. [883] These delays amount to arbitrary detention.

Sometimes detention occurs in jails that are overcrowded, unsanitary, and lack adequate mental health services or access to effective drug treatment, and where staff have been accused of mismanagement and violence. As long as probation sentences include unreasonable fees and harsh punishments for failure to pay them, probation will continue to punish people just for being poor. [464] Human Rights Watch interview with Aaron Alexander, Milwaukee, Wisconsin, November 20, 2019; Docket, Wisconsin v. Aaron Alexander, 2015CF2007 (Milwaukee, Wisconsin).

According to court records, in August 2018 McDaniel was arrested in Lowndes County, Georgia, for stealing $145 of clothing from a Walmart and traffic infractions. [913] New York State Bar Association, Report of the New York State Bar Association Task Force on the Parole System, November 2019, https://nysba.org/NYSBA/Advocacy%20and%20Leadership/House%20of%20Delegates/November%202019/NYSBA%20Task%20Force%20on%20the%20Parole%20System%20Final%20Report.pdf, p. 3-5, PEW Charitable Trusts, Policy Reforms Can Strengthen Community Supervision, p. 45; Human Impact Partners, Excessive Revocations, p. 23-24; Dr. James Austin, et al., How Many Americans are Unnecessarily Incarcerated?, Brennan Center for Justice, 2019, https://www.brennancenter.org/sites/defult/files/2019-08/Report_Unnecessarily_Incarcerated_0.pdf; Vincent Schiraldi, Do We Really Need Probation and Parole?, The Crime Report, January 24, 2019, https://thecrimereport.org/2019/01/24/do-we-really-need-probation-and-parole/; Washington State Institute for Public Policy, Confinement for Technical Violations of Community Supervision: Is There an Effect on Felony Recidivism?, 2012, https://www.wsipp.wa.gov/ReportFile/1106/Wsipp_Confinement-for-Technical-Violations-of-Community-Supervision-Is-There-an-Effect-on-Felony-Recidivism_Full-Report.pdf.

; Docket, Wisconsin v. Nathanyal May, 16CM554 (Manitowac, Wisconsin). [770], Courts are increasingly turning to drug courts and mandated treatment as responses to drug use. Joseph Shapiro, As Court Fees Rise, the Poor Are Paying the Price, NPR (May 19, 2014), http://www.npr.org/2014/05/19/312158516/ increasing-court-fees-punish-the-poor. How Was it Ever Going to Keep Them Out of America?, Reason, May 24, 2019, https://reason.com/2019/05/24/the-state-cant-keep-drugs-out-of-prisons-how-was-it-ever-going-to-keep-them-out-of-america/; Human Rights Watch interview with [name withheld], correctional officer, November 2019 [date on file with Human Rights Watch] (George W. Hill Correctional Facility officer describing easy access to drugs in that facility in Pennsylvania); Human Rights Watch telephone interview with Sophia Brown (pseudonym), May 27, 2020 (mother of person incarcerated at George W. Hill Correctional Facility describing reports of widespread drug use within the facility). Ibid. [725] Human Rights Watch interview with Quentin Apkarian, November 21, 2019; Docket, Wisconsin v. Quentin Apkarian, 2015CF692 (Waukesha, Wisconsin June 2, 2015). [584], Jail Bookings in Select Georgia Counties 6/1/2019 - 10/31/2019, Percentage of bookings including a parole or probation violation, Percentage of bookings with only a parole or probation violation, Rate of Probation or Parole Violation Bookings per 10,000 County Residents. [572], We saw similar trends in Wisconsin. I didnt have ID. The officers discovered that White had a warrant for misdemeanor probation rule violationsfor failure to report, a positive marijuana test, and failure to complete community service. [270] The US Supreme Court outlined minimal due process protections required in revocation proceedings, including the right to notice of the alleged violations; disclosure of the evidence against them; the opportunity to be heard in person and to present evidence; a limited right to confront and cross-examine witnesses; a neutral and detached hearing body; and a written statement by the factfinder as to the evidence relied upon and the reasons for revoking supervision. In October 2019, Todd received a letter from the probation department threatening to initiate sanctions, including house arrest, for her failure to pay $270 in supervision fees. [856] UN Human Rights Committee, General Comment No. Georgia and Pennsylvania generally require people to serve full back time following revocation of supervision for certain new offenses.

For example, if you are laid off from your job or miss a community service date because your car broke down, this won't typically result in probation revocation. 39/46, annex, 39 U.N. GAOR Supp. [534] Human Rights Watch examined four decades of Bureau of Justice Statistics (BJS) reports showing state and federal prison admissions for certain types of supervision violations, figures that do not include admissions to local or county jails, for which there is little nationwide data (see below). [773] Human Rights Watch telephone interview with Dr. Erin Zerbo, November 25, 2019. [810] You cant walk in your own neighborhood without getting pulled over, Jackson told us. In January 2019, Jackson was arrested for misdemeanor drug possession, which triggered another probation violation. [949] These reforms would be limitedlargely excluding people on supervision who are charged with new offenses or with absconding, as well as people on the sex-offense registry. [597] Pennsylvania Commission on Sentencing, Revocation and Resentencing Data Analysis for Resentencing Guidelines, 2019, http://pcs.la.psu.edu/guidelines/resentencing/resentencing-analysis-2019, p. 5. Revocation is the most serious consequence available for violations of supervision.

Burgess told us he was floored when, in 2017, he finally completed it. [96] Tyrmaine Lee, A Vast Wealth Gap, Driven by Segregation, Redlining, Evictions, and Exclusions, Separates Black and White America, New York Times, August 14, 2019, https://www.nytimes.com/interactive/2019/08/14/magazine/racial-wealth-gap.html; Angela Hanks, et al., Systemic Inequality: How Americas Structural Racism Helped Create the Black-White Wealth Gap, Center for American Progress, February 21, 2018, https://www.americanprogress.org/issues/race/reports/2018/02/21/447051/systematic-inequality/. I suggest you retain a criminal defense attorney to assist you in dealing with the probation office.. You come out under the gun already, you got all these fines and costs, and then they wanna violate you for that. For example, Black and brown people are more likely to be poor and homeless than their white counterparts, and many people with mental health conditions use drugs to cope with their symptoms. [317] This detention can last up to 15 business days. In Georgia, people serving misdemeanor probation, but not felony probation, are eligible to vote. O.C.G.A. Res. Many jurisdictions also limit access to lawyers for revocation proceedings. 11; UN General Assembly, Universal Declaration of Human Rights, 10 December 1948, 217 A (III), art. Heres the Proof., Washington Post.

Where possible, we reviewed public court records and case documents provided by individuals we interviewed.

My son and his fianc were at my home and they got into an argument. But one or two days in jail for an individual, that can take away everything they have accomplished so far, said Georgia Department of Community Supervision Commissioner Michael Nail. . [335] The officer attributes this reduction to the fact that people are increasingly waiving their right to revocation hearings in exchange for set jail terms, usually of 30 to 90 days. Pennsylvanias standard conditions are set by statute. See Prison Policy Initiative, Correctional Control 2018: Incarceration and Supervision by State, 2018, https://www.prisonpolicy.org/reports/correctionalcontrol2018.html. Powers living an honest, responsible life. Had Todd not had access to such high-level representation, her case may not have ended with such a favorable outcome. .

[459] For instance, in Milwaukee, Wisconsin, many people admit to supervision violations in exchange for Alternative to Revocation (ATR) programswithout realizing that many of those programs are housed in MSDF, the same prison where they are often held pending revocation proceedings, and where they may serve a sentence following revocation. Angel Ortiz, described above, explained that, in his largely Black and Latino, poor, North Philadelphia neighborhood, you see a cop every three minutes.[824] Ortiz said that police often stopped and searched him without cause. [314] Human Rights Watch interview with Dean Beer, former chief public defender, Montgomery County, Pennsylvania, public defender, Norristown, Pennsylvania, October 31, 2019; Human Rights Watch telephone interview with Randy Kraft and Adam Plotkin, December 3, 2019; Human Rights Watch telephone interview with Jason Clark, defense attorney, Brunswick, Georgia, November 25, 2019; Human Rights Watch telephone interview with Beau Mullen, December 20, 2019; Samantha Melamed and Dylan Purcell, Everyone is Detained, The Philadelphia Inquirer, December 27, 2019, https://www.inquirer.com/news/inq/probation-parole-pennsylvania-philadelphia-detainer-criminal-justice-system-20191227.html; Maura Ewing, How Minor Probation Violations Can Lead to Major Time, The Atlantic. But people faced with unaffordable fees are more likely to violate the conditions of supervision, experience housing and food instability, and struggle to support their children. [948] For instance, amendments would prohibit courts from terminating probation if someone owes restitution, increase incarceration for violations, and allow courts to bar defendants from using prescription drugs, including medication-assisted treatment and medical marijuana. After he was in jail, she had an appointment to see the P.O. [3] American Civil Liberties Union and UCLA School of Law Prison Law and Policy Program, Covid-19: Death by Incarceration, https://docs.google.com/spreadsheets/d/1bTMdmt2IG2UrRDcDhKK2ws_ZS-sXqDsPMVC_2SDb3Lw/edit#gid=634242190 (accessed July 14, 2020); Katie Park, Tom Meagher, and Weihu Li, Tracking the Spread of Coronavirus in Prisons, The Marshall Project, April 24, 2020, https://www.themarshallproject.org/2020/04/24/tracking-the-spread-of-coronavirus-in-prisons (Latest numbers of Covid-19 cases in federal and state prisons are updated weekly here: https://www.themarshallproject.org/2020/05/01/a-state-by-state-look-at-coronavirus-in-prisons); see also US: COVID-19 Threatens People Behind Bars, Human Rights Watch news release, March 12, 2020, https://www.hrw.org/news/2020/03/12/us-covid-19-threatens-people-behind-bars; Timothy Williams, Benjamin Weiser and William K. Rashbaum, Jails are Petri Dishes: Inmates Freed as the Virus Spreads Behind Bars, New York Times, March 30, 2020, https://www.nytimes.com/2020/03/30/us/coronavirus-prisons-jails.html; Urgent action needed to prevent COVID-19 rampaging through places of detentionBachelet, United Nations High Commissioner for Human Rights press release, March 25, 2020, https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25745&LangID=E; Martin Caste, Prisons and Jails Worry About Becoming Coronavirus Incubators, NPR, March 13, 2020, https://www.npr.org/2020/03/13/815002735/prisons-and-jails-worry-about-becoming-coronavirus-incubators; Allison Frankel, Poor Conditions at Pennsylvania Jail Heighten Covid-19 Concerns, Human Rights Watch dispatch, April 8, 2020, https://www.hrw.org/news/2020/04/08/poor-conditions-pennsylvania-jail-heighten-covid-19-concerns; Kathleen E. Carey, 64 People Have Been Infected with Coronavirus at County Prison, DelCo Times, April 18, 2020, https://www.delcotimes.com/news/coronavirus/64-people-have-been-infected-with-coronavirus-at-county-prison/article_f7668db0-81af-11ea-b98d-838597af815d.html; Chatham Co. Sheriff: 2 Employees, 2 Inmates Test Positive for COVID-19, WSAV, April 14, 2020, https://www.wsav.com/news/coronavirus/sheriff-chatham-county-inmate-tests-positive-for-covid-19/; Jeremy Roebuck and Allison Steele, Montgomery Countys Jail Tested Every Inmate for COVID-19and Found 30 Times More Cases than Previously Known, The Philadelphia Inquirer, April 28, 2020, https://www.inquirer.com/news/coronavirus-testing-montgomery-county-jail-asymptomatic-philadelphia-prisons-20200428.html.

Across the country, community-led organizations are helping to improve peoples access to re-entry supports and services. [934] While WAGEES has faced barriers including funding stream delays and insufficient housing for people returning from prison, it has largely been considered successful in helping people stay out of prison and gain stability in their lives. Supervision should always be imposed in lieu of incarceration, not in addition to incarceration.

Now, its more punishment than anything, said Green Bay, Wisconsin, Judge Timothy Hinkfuss when sentencing someone following revocation of his supervision. After he was in jail, she had an appointment to see the P.O. If criminal proceedings result in an acquittal or dismissal, do not pursue violation proceedings for the same underlying conduct. For the last three years, she has been caring for her grandchildren and working steadily for the Pennsylvania Department of Health and Human Services, and as a facilitator for people with substance use disorder. xZ{S8GeI [223] Money had been tight, and she had missed one payment, Todd explained. The federal system, which houses about 10 percent of the total US jail and prison population,[11] uses probation and, since abolishing parole in 1987, extended supervision. [64] PEW Charitable Trusts, Probation and Parole Systems Marked by High Stakes, Missed Opportunities, p. 6; Danielle Kaeble, Probation and Parole in the United States, 2016, 2018, https://www.bjs.gov/content/pub/pdf/ppus16.pdf, Appendix Table 1. [751] Commonwealth of Pennsylvania v. Monique Taylor (pseudonym) (Delaware County, Pennsylvania).