Chapter III: Pretrial Issues, Adjudication and Sentencing
Policy Statement 16: Modification of Conditions of Probation / Supervised Release
Recommendation d: Develop guidelines on compliance and violation policies regarding offenders with mental illness.
It is important to establish incentives for probationers with mental illness to comply with conditions. Such incentives could include reducing the frequency of reporting after a period of compliance.
Example: Adult Probation Department, Cook County (IL)
The Mental Health Unit of the Cook County Adult Probation Department has three phases, each lasting a minimum of three months. The first phase is the most restrictive. Advancement to the next phases is contingent upon the probationer's compliance. Once advanced to a less restrictive phase, the probationer can be returned to the previous phase for noncompliance. Upon successful completion of all three phases, the probationer is placed in the standard probation supervision program for the remainder of his or her term.
Probation officers should be prepared to respond to offenders with mental illness who violate the conditions of probation in a way that recognizes that the violation may be a function of the offender's illness but that also holds the offender accountable. When a probationer commits a technical violation - for example, failure to report to treatment - probation officers should employ a graduated scheme of responses before employing the most serious response, that is, revocation of release. State law in Washington provides that, when an offender with a mental illness violates a condition of a release that involves failure to undergo mental status evaluation or treatment, the community corrections officer must consult with the treatment provider before taking action on the violation. Responding to minor technical violations early may obviate the need for revocation and may prevent more serious violations, such as reoffending. In developing intermediate responses, criminal justice officials should establish written agreements with mental health treatment programs as to actions that will be taken for failure to participate in treatment. When a probationer's mental condition decompensates while under probation supervision, a more appropriate response would be to modify the treatment plan rather than to seek the revocation of probation.
At least one jurisdiction has developed a program that seeks to prevent a probation revocation by offering intensive treatment rather than incarceration for those who violate probation conditions.
Example: The Nathaniel Project, Center for Alternative Sentencing and Employment Services (CASES), New York City (NY)
Among the groups targeted by the Nathaniel Project in New York, New York, (mentioned earlier) run by the Center for Alternative Sentencing and Employment Services, are offenders with mental illness who have violated conditions of probation. Case managers are clinically trained professionals with caseloads of only ten. Staff assist participants in obtaining medication, housing, and other services, i.e., day treatment, psychosocial clubhouse, vocational training, and job placement. (See Policy Statement 14: Adjudication, for more on The Nathaniel Project.)