Alternative Sanctions

Changing Lives to Ensure a Safer FloridaTrust*Respect*Accountability*Integrity*Leadership

Why have Alternative Sanctions?

There is no evidence that “punishment/incarceration” works in reducing future crime

Reducing Recidivism

Future violations are prevented when there is little time delay between behavior and response.

Prevent future Crimes

Reducing Recidivism

1st Positive DT- OPtreatment

2nd PositiveResidential

3rd PositiveIncreased supervision

Sanctions are graduated

Offender participates in his/her sanction

BENEFITS

Reduced court dockets for probation violations on technical violation

Reduced prosecutor/public defender resources dedicated to technical violation

Reduced jail population

Allow the offender to remain engaged in employment/school/family while complying with imposed sanction.

Implementation of

Alternative Sanctions

What practices would promote effective and cost-efficient community-based alternatives to jail and prison without jeopardizing public safety.

Public Safety

Cost-efficient community-based

alternative to jail and prison

Alternative Sanctions Established

Provides the Court with an administrative diversion option to handle non-violent first and second time probation violators.

Technical violations are addressed administratively with pre-determined sanctions. Sanctions may vary from one circuit or judge to another.

Identified technical violations and appropriate sanctions are established with the court and formalized utilizing an administrative order.

Alternative Sanctions Criteria

Limited to technical violations for non-violent offenders

No lengthy or violent criminal history No sex offenders No new arrest No absconders No violations for “no contact” No offenders with three or more previous

violations

Alternative Sanctions Violations/Sanction Matrix

Violation-Conditions Approved List of SanctionsFailed to report changes in residence or employment without first procuring the officer’s consent (or notifying immediately if evicted from residence or laid off from job).

1. Weekly call in for 6 weeks.2. Twice a month reporting for 3 months.3. Weekly reporting for 6 weeks.

Failure to maintain employment. 1. Weekly reporting with job search logs until employed.2. Daily reporting with job search logs until employed.3. Curfew from 8pm to 6am for 90 days or until employed.

Failure to remain at residence during curfew period. 1. Weekly reporting for 3 months.2. Electronic Monitoring for 30 days.3. Jail work squad for 2 weekends

Failure to maintain approved schedule-unapproved absence from required location (negligence in getting home late, stopping at store on way home without permission)

1. Electronic Monitoring for 30 days.2. Jail work squad for 2 weekends.3. 10 hours public service work.

Failure to pay monetary obligations. 1. If unemployed-daily job search.2. If employed-monthly budgeting.3. Curfew from 8pm to 6am for 90 days.4. Weekly call in until monetary obligations are current.5. Extend probation to auto term upon completion of all conditions. (Affidavit will be filed with this sanction to toll the supervision. Once the offender completes the supervision, the affidavit will be dismissed.)

Failure to complete community service hours as instructed. 1. Daily reporting until community hours completed if unemployed.2. Weekly reporting until community hours completed if employed.3. Jail squad for 2 weekends.

Alternative Sanctions Violations/Sanction Matrix

Violation-Conditions Approved List of Sanctions

Positive drug test for non-prescribed drugs (first occurrence). 1. Drug evaluation and successfully complete treatment.2. Increase level of treatment program up to and including

residential.3. Curfew from 8pm to 6am for 90 days (can be modified by the

probation officer for treatment/work purposes).

Positive drug test for non-prescribed drugs (second occurrence). 1. Drug evaluation and successfully complete treatment.2. Increase level of treatment program up to and including

residential.3. Curfew from 8pm to 6am for 90 days (can be modified by the

probation officer for treatment /work purposes).

Failure to attend treatment evaluation or treatment session as scheduled.

1. Curfew from 8pm to 6am until evaluation completed.2. Weekly reporting until evaluation completed.3. Daily call in until evaluation completed.

Failure to submit to random testing as directed. 1. Weekly reporting by 11 am.2. Reporting 3 times a week by 11 am.3. Curfew from 8pm to 6am for 90 days (can be modified by the probation officer for treatment/work purposes).

Failed to report as instructed. 1. Weekly call in for 6 weeks2. Daily call in for 30 days3. Report twice a month for 60 days.

Alternative Sanctions Administrative Order

Alternative Sanctions Administrative Order

Alternative Sanctions How does it work?

Offender Commits Identified Technical Violations

Admits VOP chooses to participate in the ASP

NO

YES

VOP is processed. Offender goes to jail.

Offender meets with their officer:

Waiver of Formal VOP/VOCC Hearing, Admission of Violation, and Acceptance of Sanctions (ASP/TVN)

•Order approving Alternative Sanctions

Court approves sanction

Continues on

Supervision

YESNO

Offender must sign an admission/wavier

Alternative Sanctions Order

Results

Alternative Sanctions Top Five Violations

Positive UA 159

Failure to Remain confined 33

Failure to report for drug evaluation

7

Curfew Violations 6

Failure to pay monetary obligations

6

Alternative Sanctions

Active 149 60.09%

Successfully Termed from Supervision

25 10.08%

Unsuccessfully Termed from Supervision

38 15.32%

Pending Violation Status 25 10.08%

Pending 1 00.40%

Declined by Judge 10 04.03%

Total Number Referred 248 100.00%

Alternative Sanctions Cost Savings

If an officer spends on average two hours in court for every violation, we have saved a total of 496 hours. See chart below for salary dollars saved. Saving reflected are for a 17 month period.

Probation Officer $7985.60

Public Defenders $14,428.64

State Attorney $14,428.64

Jail $ 26,354.90

Total $63,197.78

Questions ???