Recommendations for Implementation

Typically, when a judge sentences an offender to probation, the order may read that the offender is to participate in treatment, whether drug, alcohol, or mental health.  It is up to the probation officer to identify the most appropriate treatment program for the offender, and then to monitor the offender's compliance.  The key to successfully designing conditions of probation is to identify first the offender's individual needs and then identify the services in the community that can meet those needs.  The information contained in the presentence investigation report, in addition to information taken at probation intake, should be very useful in identifying the needs of the individual offender. 

In instances when the person was on pretrial release while the case was pending there should have been no disruption in the receipt of benefits.  When the person was held in jail pretrial, however, or where there was a split sentence - i.e., 30 days in jail followed by two years probation - benefits would have to be reinstated very soon after release so that the offender can begin to comply with the probation conditions.  Probation officers should identify benefits for which an offender is eligible and assist the offender with the application or reinstatement process.  (See Policy Statement 13: Intake at County / Municipal Detention Facility, for more on federal and state benefits.)

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.

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.)