Chapter III: Pretrial Issues, Adjudication and Sentencing
Policy Statement 16: Modification of Conditions of Probation / Supervised Release
Recommendation c: Assign offenders with mental health conditions on probation to probation officers with specialized training and small caseloads.
Most probation officers carry very high caseloads, making it very difficult to provide close supervision. Offenders with mental illness recidivate at a higher rate than those without mental illnesses, and they often do so within the first months of release. Close supervision by probation officers, including the time to attend to the individual needs of offenders with mental illness, will help to ensure compliance with conditions of release, and help to reduce recidivism. It is also important that these offenders be assigned to probation officers who have been specially trained to address the needs of offenders with mental illness. Such an approach has been used with success in at least one jurisdiction.
Example: Adult Probation Department, Cook County (IL)
The Mental Health Unit of the Cook County, Adult Probation Department is comprised of probation officers with a background in mental health. These officers are qualified to perform the following functions:
- conduct clinical assessments
- make referrals
- develop supervision plans
- monitor compliance with probation conditions, medication requirements and other treatment objectives
- assist probationers in obtaining disability and other benefits
- serve as advocates for probationers in their efforts to obtain mental health treatment.
Mental health providers whose clients are on probation, while being careful not to become monitors of compliance, can also assist the individual to understand the consequences of their behavior in terms of sanctions and can build a collaborative relationship with the specialized probation officers that can benefit the individual. In this way, the probation officer can have more confidence when making decisions on how to respond to violations. For example, the officer and the provider can meet jointly with the individual to identify barriers to compliance and to make changes in the treatment plan or probation rules as necessary.

