Cost of revoking probation

They were typically put back on probation a month after their arrests.

Pima County probation officers asked judges to revoke the probation of more than 2,000 people last year, most of whom were accused of such things as failing to submit to drug tests, not showing up for counseling sessions and not paying fines and restitution, as opposed to committing a new crime.

Of the 2,000, about half were jailed without bail until a judge heard their case — on average 36 days following their arrest. The cost for housing 900 prisoners for a month is about $1.6 million. The rest were summoned into court.

Pima County Public Defender Bob Hooker questions why taxpayers paid so much to jail probationers who weren't accused of new crimes, half of whom were just re-released on probation anyway.

Instead of filing petitions to revoke probation for technical reasons, Hooker said he wishes probation officers would call defense attorneys to give them the opportunity to speak with their clients.

He'd also like to see probationers taken before the judge before such petitions are filed.

"I think there needs to be better communication between the probation officers and the lawyers," Hooker said. "I also think they should only issue arrest warrants on those who are unsalvageable, those who are going to have to spend some time in the county jail or prison."

Sometimes, a stern lecture from a defense attorney can have a bigger impact than those from probation officers, Hooker said.

"I'm not saying that we're going to be successful with a lot of them, but I think at least some of them will shape up," Hooker said. "Right now, we never know probation wants to revoke them until the petition is filed."

Not everyone is critical of the probation office.

Defense attorneys Natalie Prince and Eric Larsen have few problems with Pima County's probation officers.

Most of the probation officers she deals with file petitions to revoke only as a last resort, and spending 30 days in jail while awaiting a disposition hearing can sometimes be a good thing, Prince said.

"I think they are much more likely to perform (well on probation), especially if they've never been in custody before," Prince said. "They'll either get it at that point or they'll have a second petition filed right away and a third petition and then they'll go to prison."

But Hooker is so concerned about the issue he brought it up last week at a meeting of the Justice Coordinating Council, a group of criminal justice system representatives.

As a result, presiding Pima County Superior Court Judge John Leonardo invited Hooker to meet with him and other criminal judges to see what can be done.

David Sanders, chief probation officer for Pima County, said he has encouraged probation officers to call defense attorneys because he understands the need to elicit help from anyone who can influence probationers.

The problem is that many of the people who end up getting arrested have absconded from probation and were unavailable for lectures, he said, while many others were more interested in using drugs than listening to lectures.

In fact, most of the people who are in danger of having their probation revoked for "technical" reasons have tested positive for drugs, Sanders said.

"With drug abusers, there are very few alternatives and a period of jail time interrupts their habitual use," Sanders said. "When they're out of control on meth, they aren't going to be impacted by intermediate sanctions, so jail is appropriate."

Intermediate sanctions include increased community service hours, increased counseling sessions, more drug testing and house arrest.

Hooker said he believes some probation officers file petitions out of sheer frustration, when they should expect bad behavior.

"Just because someone gets put on probation doesn't mean that their past is erased, that there's been a total metamorphosis and they are completely different people now," Hooker said. "They still have stress in their lives and drug addictions and they don't suddenly become educated, unpoor and sophisticated."

If someone doesn't have a job or a vehicle, it becomes awfully difficult for them to get to meetings with their probation officers, counseling sessions, job interviews and drug tests, Hooker said.

Hooker said one of his attorneys recently had a client lose an $80,000-a-year job because when his ride to work canceled on him, he drove himself. He ended up spending three weeks in jail because he didn't have a valid license. The petition to revoke his probation ended up being denied.

Defense attorney Rick Lougee said probation officers often "drop the nuclear bomb when they don't have to."

"It's costing us a lot of money; dogma is prevailing over common sense," Lougee said. "There's no sitting back and reflecting. They don't ask themselves 'Do we need to make this formal?' anymore. The system has lost it's ability to discriminate from big and little and to prioritize."

In order for probation officers to be successful, Sanders said they have to accomplish two things — gain control of a probationer through such things as house arrest and jail and correct the problem through counseling and other means.

Police officers just seek to control people, and counselors just seek to correct problems. Probation officers have to do both, Sanders said.

His probation officers only file petitions to revoke after all intermediate sanctions fails, Sanders said.

"We file 160 petitions to revoke every month, and when I look at random cases I'm consistently impressed with the judgment of the line officers," Sanders said.

Larsen agreed many people who end up in jail on probation revocations haven't bothered to check in with their probation officers or are using drugs and deserve to be arrested.

"If you don't know where a probationer is, how are you protecting the community?" Larsen asked. "Probation is a privilege, not a right, and if you can't abide by the simple rule of 'Don't get high,' then how can you expect them to obey the rule 'Don't break into someone's house?' "

2,057

Total number of petitions to revoke probation filed in Pima County Superior Court in fiscal year 2005-2006.

921*

Total number of petitions to revoke probation that were granted in same period.

* Many of the petitions that were not granted involved cases where a settlement was reached. In many instances, probationers were put back on probation with additional rules.

Source: Pima County Probation Department