ADULT CLIENT SERVICES BRANCH SECOND JUDICIAL CIRCUIT

Transcription

1 ADULT CLIENT SERVICES BRANCH SECOND JUDICIAL CIRCUIT

2 The Adult Client Services Branch consists of five (5) sections: Pre Sentence Investigation Unit (PSI) Conducts Pre Sentence Investigations for the Court, conducts investigations on offenders transferring between islands, conducts investigations on offenders who transfer from the US mainland via the Interstate Compact and also address matters of fitness under HRS 704. Supervision Section I and II Monitors Circuit Court and District Court probation cases Domestic Violence Unit (DV) Monitors Domestic Violence related probation cases Special Services Unit Monitors High Risk offenders Sex offenders Conditional Release Cases HRS 704

3 PRE SENTENCE INVESTIGATION A Pre Sentence Investigation (PSI) gathers background information on an offender to assist the Judge in determining an appropriate sentence. Any person convicted of any crime can request a PSI. However, a PSI is mandatory for offenders that are less than twenty-two (22) years age. A Pre Sentence Investigation is mandatory in all Felony level matters.

4 SUPERVISION SECTION I & II, DOMESTIC VIOLENCE UNIT AND SPECIAL SERVICES UNIT Works directly with offenders that are placed on probation Length of probation varies based upon the seriousness of the crime Petty Misdemeanor 6 months Misdemeanor 1-2 years Felony 4-10 years Felony A (SO) 20 years

5 TERMS AND CONDITIONS Mandatory Conditions: OF PROBATION Not commit another crime during probation; Report to a Probation Officer as directed; Remain within the jurisdiction of the court unless authorized to travel; Notify probation of any change in address or employment; Notify probation of any law enforcement contact; Permit probation officers to visit offender s home or place of employment;

6 TERMS AND CONDITIONS OF PROBATION cont. Special Conditions: (Not always ordered) Complete a Domestic Violence Intervention or Anger Management program Complete a Parenting Program Be gainfully employed or Educational/Vocational training Not possess/use/consume drugs or alcohol Submit to random urinalysis Complete a substance abuse assessment and comply with all recommendations of the assessment reports

7 TERMS AND CONDITIONS OF PROBATION cont. SEX OFFENDER SPECIFIC CONDITIONS: Satisfactorily participate in the Hawai i Sex Offender Treatment Program. Monthly progress reports Polygraph examination (every 6 months) Weekly group and individual treatment Felony A, B, C: Lifetime registration to include registering address and vehicle(s) Refrain from purchasing/possessing/accessing via the internet or other electronic database inappropriate audio or visual materials, nor frequent any place where such material is available. Abide by curfew, travel and leisure time restrictions Refrain from hitchhiking and picking up hitchhikers Must not contact or attempt to contact, directly or indirectly any minor child, nor reside in the same residence with minor children without the permission of the probation officer Must not contact any victim(s) Must obtain and maintain residence approved by the probation officer Must provide photograph and/or fingerprints Must pay for and submit to electronic monitoring as appropriate

8 VICTIM S RIGHTS Probation Officer s Duties: Victim notification letter informing of the offender s probationary period and name/contact information of probation officer. Having restitution orders enforced. Notification of offender residential status as needed. Informing the victim and seeking input on offender requests to transfer interisland or to the mainland. To be notified should there be creditable threats of harm, etc. Victim Witness: Prosecuting Attorney, Victim Witness Division assists with all other referrals/inquiries.

9 CASE MANAGEMENT ASSESSMENTS Domestic Violence Screening Instrument (DVSI) Survey to determine offender s risk of further abusive incidents or violations of TRO/Order for Protection Static 99, Stable 2007 & ACUTE (SO) Survey to determine offender s risk of future incidents (lifetime, annually and monthly) Adult Substance Use Assessment (ASUS) Survey instrument related to substance use. Determines the severity of offender s substance abuse issues and the level of treatment needed Level of Service Inventory Revised (LSI-R) Validated risk assessment used to determine supervision and treatment services for offenders. It looks at risk levels in specific Criminogenic Factors: Criminal History, Education/Employment, Financial, Family/Marital, Accommodations, Leisure/Recreation, Companions, Alcohol/drug, Emotional/personal, attitudes/orientation. A combination of these instruments will determine the offender s level of risk and needs.

10 CASE MANAGEMENT STRATEGIES Risk/Needs levels determine the type and frequency of contacts we will have with offenders. Probation is unable to focus the same amount of effort on each offender. Risk/Needs determine the Highest risk which is a priority. Not only do we monitor the terms and conditions of probation with offenders, but we also incorporate two (2) key interviewing components: Cognitive Behavioral Therapy (CBT) Interviewing techniques to help shift offenders from Criminal thinking to Pro- Social thinking to reduce risky behavior and recidivism. Motivational Interviewing (MI) We also use motivational interviewing techniques to affect positive change in offenders. High Risk offenders are subject to case planning efforts and heightened contacts. They may also be subject to Immediate Sanctioning for violations.

11 MISCONCEPTIONS ABOUT PROBATION Probation Officers can arrest an offender for violations of probation. A Probation Officer cannot arrest an offender and detain them for any reason. Probation Officers need to complete a Motion to Revoke probation and forward to Prosecutors to issue a warrant for arrest. (Takes about 2 weeks for the warrant to be issued.) I am able to get information about offenders compliance with probation. Hawaii Revised Statues dictates how and when probation information can be released. In general we are unable to release offender s compliance with probation; i.e. drug testing results, substance abuse assessment results, compliance with services, etc However, we are able to disclose information to the victim if we receive information that poses a danger to the victim s safety. All probationers are subject to drug testing. Drug testing can only be done if ordered by the Court. If drug testing is not ordered in the terms and conditions of probation, we cannot drug test the offender.

12 ADULT CLIENT SERVICES BRANCH 140 HOOHANA STREET, SUITE 103 KAHULUI, HAWAII (808) (808) (fax)