ADULT PROBATION DEPARTMENT-PROBATION SUPERVISION

Adult Probation

Juvenile Probation and Court Services

ADULT PROBATION DEPARTMENT

PROBATION SUPERVISION

Administrative Sanctions
Adult Sex Offender Program
Circuit Court of Cook County Drug Treatment Courts
Domestic Violence Intervention Program
Gang Unit
Intensive Drug Probation
Intensive Probation Supervision
Mental Health Unit
Standard Caseload Supervision

Administrative Sanctions
In 1997, the Department developed and implemented an Administrative Sanctions Protocol (ASP) to more effectively and efficiently address technical violations of probation, i.e. violations that do not involve new criminal charges. The protocol allows probation officers to respond to technical violations independent of a court hearing. It enables officers to act quickly and to select mandates/sanctions that are commensurate with the infraction and suited to the individual risks and needs of the probationer. By eliminating the need for a court hearing in certain cases, ASP helps ensure that the court call is reserved for the most serious violation cases.

Examples of violations eligible to be handled through ASP include the following:

missing a probation appointment;
testing positive for drug use;
failing to comply with community service mandates;
failing to make payments toward court-ordered monies as scheduled; and
failing to comply with treatment mandates or other special conditions.

Certain technical violations that are deemed to be more serious, such as violations of home confinement orders, are not eligible. Also, specialized supervision programs are more restrictive in their definitions of eligible infractions.

Sanctions that can be imposed by officers in response to these violations include the following:

increased reporting;
increased performance of community service hours;
substance abuse evaluations and treatment;
random drug testing;
establishment of a curfew;
participation in an educational/vocational program; or
referral to any service that may be beneficial to the probationer.

Officers cannot mandate jail time, impose monetary sanctions or alter the length of probation.

Prior to identifying and imposing a sanction, the officer explains to the probationer that he or she has the option to have the violation handled through ASP or through a formal court hearing before a judge. It is made clear that a court hearing could result in incarceration or an extended period of probation. Based upon the probationer's decision, the officer either imposes a sanction through ASP or files a court petition requesting that a violation of probation hearing be held.

In 1999, ASP handled 5,225 technical violation cases.

Adult Sex Offender Program
Since 1997, the Cook County Adult Probation Department's Adult Sex Offender Program (ASOP) has been providing specialized supervision for individuals who have committed felony sexual offenses against adolescent or child family members. Two essential components of ASOP are: 1) extensive surveillance; and 2) long-term, specialized treatment that includes comprehensive assessment, cognitive behavioral therapy and relapse prevention techniques. The program was established with the support of the Administrative Office of the Illinois Courts and through a grant awarded by the Illinois Criminal Justice Information Authority.

Sex offending is a complex and serious social problem. Its impact on victims can be devastating and can last a lifetime. Victims of child sexual abuse seem to be particularly affected. Offenders who victimize children present numerous challenges to probation officers. Perpetrators can be extremely deceptive about the risk they actually pose because they are skilled at manipulating others and at denying and minimizing their behavior. Moreover, they tend to be more outwardly cooperative than other probationers, further masking the risk they present. Because of the complexity of their behavior and their propensity to reoffend, specialized probation is necessary to effectively supervise this population of high-risk offenders in the community.

The program's staff members carry firearms when conducting fieldwork. The officers are extensively trained in sex offender issues and work with reduced caseloads of between 25 and 30 cases each. They closely monitor offenders' compliance with the program's rigorous mandatory conditions which include the following:

counseling for a minimum of two years at a court-approved agency;
curfews;
field visits and searches;
increased office reporting;
drug testing;
polygraph testing;
removal from the household;
restricted contact with the victim and anyone under the age of 18;
restrictions against possessing any pornographic or sexual materials;
payment of restitution for harm done to the victim;
continued financial support of the family; and
compliance with sex offender laws regarding DNA testing and registration with the local police department.

All offenders in ASOP receive quality treatment from providers chosen through a criteria-based selection process. Grant funds and the Department's probation fees are used to defray the costs of treatment making treatment more accessible to those who could not otherwise afford it.

Officers in the program believe it is having a positive affect and changing offenders' behavior. ASOP officers who supervised sex offenders on standard probation perceive a substantial difference in the attitudes of offenders in ASOP. They note that offenders in the program generally are less likely to be in denial, are more willing to accept responsibility for their actions, are more cognizant of the wrongfulness of their offense and of the harm they caused others and are more wary of the legal consequences of not complying with the conditions of their sentence. ASOP staff feel that many offenders in the unit would have very likely reoffended had they not been in the program.

Offenders are supervised in three sequential phases. Minimum contact standards for each phase are outlined in Table I.

Circuit Court of Cook County Drug Treatment Courts
In 1997, the United States Department of Justice, Office of Justice Programs awarded the Circuit Court of Cook County grant funds to develop drug treatment courts. The Adult Probation Department provides enhanced supervision to felony offenders sentenced to probation in these courts which operate in the Criminal Division and in Municipal District 4 and Municipal District 6.

The program in the Criminal Division, called Rehabilitation Alternative Probation (RAP), targets nonviolent probationers who are subsequently charged with possession of a gram or less of a controlled substance (i.e. a class 4 felony drug charge). If the probationer elects to participate in RAP, the new charge is dismissed and the probationer is sentenced to RAP on the violation of probation. The programs in Municipal District 4 and Municipal District 6 target defendants who are identified as having substance abuse problems and have been arrested for either felony or misdemeanor offenses. While they target different populations, all three drug treatment courts work at breaking the cycle of addiction and crime through the following:

treatment;
intensive judicial supervision;
a team approach to case management among court personnel and treatment providers;
mandatory drug testing; and
an escalating system of rewards and sanctions.

Officers in the Department's Drug Court Unit have special training in substance abuse issues and supervise reduced caseloads of approximately 50 probationers. Drug treatment court supervision can last from 12 to 18 months. Mandatory conditions include participation in drug treatment, increased reporting to the probation officer as well as to the court and drug testing. Sanctions that can be imposed in response to rule infractions include the following:

admonishments from the judge;
increased drug testing;
increased reporting to the probation officer and/or judge;
writing assignments;
home confinement/curfews;
one to four days observing drug treatment court from the jury box;
confinement for a day in the court lock-up; and
jail.

Rewards are given as probationers complete each successive phase of the program. Rewards can include a handshake from the judge, words of encouragement from the drug court team or certificates. Graduation ceremonies are held for those who successfully complete the program.

It is important to note that the Adult Probation Department contracts with treatment providers to ensure that quality treatment is readily accessible. Grant funds and probation fees help defray costs of treatment for offenders who could not otherwise afford it.

Domestic Violence Intervention Program
The Adult Probation Department's Domestic Violence Intervention Program (DVIP) addresses the risks and issues associated with domestic violence offenders. Probationers are required to report with greater frequency, attend batterers counseling, undergo drug testing and if necessary, attend substance abuse treatment. The unit was developed in 1997 with technical assistance from the Cook County Social Service Department. That department's program, which meets the Illinois Protocol for Partner Abuse Intervention Programs, is a forerunner in the field.

DVIP's supervision and treatment strategies are designed to ensure offender accountability and victim safety. The program is guided by principles outlined in the Illinois Protocol for Partner Abuse Intervention Programs. Examples of these principles include the following:

abuse can never be condoned under any circumstances;
violence is a learned behavior and alternatives to violence can be taught;
violence is a choice and offenders are culpable for poor decisions and abusive conduct;
offenders must be made aware of the emotional, social and economic costs of their behavior; and
social and cultural beliefs can support and therefore perpetuate abuse.

Officers in the unit are extensively trained in domestic violence issues and work with reduced caseloads of about 60 probationers. Working in cooperation with the Social Service Department, officers facilitate treatment groups for batterers in addition to making referrals to outside counseling agencies. The unit offers services for victims as well. Through field visits and information packets, officers provide victims with support, referrals and information regarding the remedies available to them from the court and social service and law enforcement agencies.

To participate in this program, probationers must be sentenced to a minimum of 12 months probation for an offense related to domestic violence. In addition to standard probation conditions, all DVIP probationers must:

report with greater frequency;
complete a treatment readiness program;
attend weekly group counseling for a minimum of 16 weeks;
undergo a substance abuse assessment and if deemed appropriate, attend treatment; and
submit to random drug testing.

Sex offenders and those diagnosed with serious mental illnesses are excluded and are referred to the Department's Adult Sex Offender Program or Mental Health Unit.

Contact standards are dictated by three phases outlined in Table V.

Gang Unit
The Gang Unit was established in 1992 with grant money from the Chicago Police Department and the United States Department of Justice. The unit, now funded through the Department, is a unique collaboration in which probation officers work with Chicago Police gang tactical officers to share information, resources and expertise to reduce gang-related violence. The unit supervises gang-affiliated offenders who reside in or have committed gang-related offenses in Chicago Police Districts 10 and 11, where gang violence is prevalent.

Officers in the unit receive intensive street crime training. In addition to performing case supervision, extensive fieldwork and surveillance, probation officers initiate community efforts to address the problems presented by gangs. Much of the officers' work involves conducting gang-awareness seminars at schools, churches and community groups. The seminars are designed to empower community members by providing advice, information and statistics about gangs in their communities.

Intensive Drug Probation
In operation since 1991, Intensive Drug Probation (IDP) uses intensive supervision, drug testing and referrals to drug treatment to change long-term habits of high-risk drug addicted probationers. The unit recognizes that to change someone's behavior, addiction to drugs and alcohol must be addressed first. It is not uncommon for some individuals who are supervised in the unit to have gone their entire adult lives under the influence of drugs and/or alcohol. The specialized supervision and treatment components of IDP have been instrumental in breaking this destructive cycle.

The eligibility screening and intake process of cases are similar to that of the Adult Probation Department's Intensive Probation Supervision Division, with the exception that to be eligible, offenders must have a history of substance abuse. Officers in the unit have special experience and training enabling them to work effectively with addicted offenders, who in addition to substance abuse, usually have a number of associated problems. The average caseload of officers in the unit is approximately 60 cases.

Each year the unit hosts an awards luncheon to honor probationers who have successfully completed the program. Judges and probation officers present awards and several participants provide personal testimonials about the positive changes they have made in their lives during their time in the program. The event is generally held in a courtroom and is attended by judges, probation staff and the participants' families and friends. Since the program's inception, approximately 1,000 probationers have been awarded with certificates of completion.

In addition to having to comply with all standard conditions of probation, offenders in IDP are required to attend substance abuse treatment, submit to random drug testing and have more frequent contact with their probation officers. Less serious violations that do not involve new criminal charges may be addressed through a progressive disciplinary process as opposed to court hearings. The minimal contact standards are dictated by the three phases outlined in Table II. Duration of phases can be extended if there are compliance problems. Upon successful completion of the three phases, probationers are transferred to standard caseload supervision for the duration of their sentences.

Intensive Probation Supervision
The Adult Probation Department's Intensive Probation Supervision (IPS) was established in 1984 as a prison diversionary program for high-risk offenders convicted of serious felony offenses. The program stresses increased surveillance and intervention. Probationers placed under IPS are required to comply with rigorous conditions that include frequent reporting, curfews, drug testing and community service as well as with any special conditions deemed appropriate by the court.

In accordance with guidelines established by the Administrative Office of the Illinois Courts, the Department conducts eligibility screenings on cases recommended for IPS. Upon receipt of the IPS Referral Form, which is completed in court, an IPS officer begins the screening process to determine the defendant's suitability for the program. This process includes conducting a social history investigation, reviewing the conditions of IPS with the defendant, obtaining a full criminal history and making a field visit to the defendant's residence to discuss the program with family members and/or other individuals living with the defendant. Defendants are generally deemed appropriate for IPS if they indicate they are aware of and willing to comply with the conditions, are pending sentence for a probationable felony offense and are residing within the county.

Once a case is accepted, an IPS officer meets again with the probationer to develop a supervision strategy that addresses court mandates and other needs the probationer may have. Officers work in pairs and with reduced caseloads -- each two-person team supervises between 30 and 40 cases. Because fieldwork is extensive, involves a high-risk population and is often done outside of regular office hours, officers are required to carry firearms while in the field.

Probationers sentenced to IPS are supervised in accordance with three phases outlined in Table III. While the duration of phases can be adjusted by the officer based upon an offender's performance, a term of IPS shall not be less than 12 months and not longer that 24 months. All offenders must complete a minimum of 130 hours of community service and are subject to random drug tests and weekly arrest record checks. Less serious violations that do not involve new criminal charges may be addressed through a progressive disciplinary process that does not involve court hearings. After successfully completing phase three, the probationer serves the remainder of the sentence on standard probation.

Mental Health Unit
The Mental Health Unit provides intensive supervision to probationers with serious mental illnesses and/or developmental disabilities. The unit, which is Medicaid certified, is recognized as an innovative model for the supervision of this population and was featured in the American Correctional Association's 1998 publications Best Practices: Excellence in Corrections. The unit was developed with technical assistance from the Administrative Office of the Illinois Courts and is funded through a grant from the Illinois Department of Mental Health and Developmental Disabilities.

To be eligible for supervision in the unit, probationers must have a diagnosis of mental illness and/or mental retardation. Pedophiles and those who have been found unfit to stand trial are not eligible for the program. Probationers are mandated to receive mental health services ranging from outpatient counseling to psychiatric hospitalization and nearly all are on psychotropic medication. The most common diagnoses are Axis I psychotic disorders (e.g. schizophrenia, severe mood disorders and bipolar disorder). This population's psychiatric, economic and social problems, which are compounded by high rates of substance abuse, make them an extremely challenging group to supervise. Further, finding community resources capable of and willing to provide services is difficult.

Staff in the unit have mental health-related experience and training. Officers supervise reduced caseloads of approximately 50 cases and work closely with treatment providers and a contracted clinical consultant to ensure comprehensive case management. Officers perform a number of duties including:

conducting clinical assessments;
making referrals;
completing detailed supervision plans;
monitoring compliance with probation conditions, medication requirements and other treatment objectives;
helping probationers to obtain disability benefits, Supplemental Security
Income and medical cards; and
serving as advocates for probationers in their effort to obtain mental health
services.

Contact standards are dictacted by the three phases outlined in Table IV. Each phase lasts a minimum of three months. Prior to advancing to a less restrictive phase, probationers must meet strict criteria. Probationers may be returned to a previous phase if compliance problems arise. Upon successful completion of all three phases, cases may be transferred to standard probation supervision if the following criteria has been met:

all needs have been adequately addressed by appropriate referrals;
there have been no violations of probation or involuntary hospitalizations during any of the probation sentence;
there have been no inpatient treatment or hospitalizations in the past eight months; and
all special conditions ordered by the court have been met.

Standard Caseload Supervision
Probation supervision is a sentencing option in which offenders are required to comply with specific court-ordered conditions of supervision while residing in the community. Through guidance, surveillance and referrals to service providers, probation officers assist offenders to comply with their sentences. When offenders fail to comply, they are either subject to administrative sanctions imposed by the probation officer or they are brought back to court for a violation of probation hearing.

Standard probation involves different levels of supervision and utilizes numerous conditions and intermediate sanctions to hold offenders accountable and to provide them with opportunities to make positive changes in their lives. About 90 percent of probationers in the Adult Probation Department are sentenced to standard supervision as opposed to specialized or intensive supervision.

Basic conditions of standard probation include the following:

reporting to a probation officer;
allowing a probation officer to make home visits;
refraining from further criminal activity;
not possessing a weapon;
not leaving the state without permission from the judge; and
refraining from the use, possession and sale of illegal drugs.

In addition to these basic conditions, most probationers are subject to a combination of special conditions tailored to the offender's unique circumstances. Commonly used special conditions include the following:

victim restitution;
community service;
costs;
fines;
fees;
drug testing;
drug treatment;
home confinement/curfews;
mental health counseling; and
educational/programs.

Proper assessment of the particular risks and needs of each probationer is key to developing an effective supervision strategy. After an offender has been placed on probation, an officer conducts an intake interview to gather information regarding the probationer's economic and social background. This information is used to complete the risks and needs assessment tool which evaluates several areas including academic skills, employment history, financial stability, criminal record, attitude, drug and alcohol use, peer and family relations and mental and physical health. With the guidance of this tool, the officer determines the probationer's strengths and weaknesses and develops a plan that will adequately address them. The plan specifies a reporting schedule and may involve referrals for treatment, job placement, educational development or any other type of service that would be beneficial to the probationer.

Following the completion of the supervision plan, the officer works with the probationer to ensure successful completion of the probation sentence. In addition to office and field visits with the probationer, the officer contacts family members, service agencies and employers to assist in case management. Officers reassess cases every six months from the sentencing date. At this time, they revise the supervision plan and use a risk and needs reassessment tool to determine reporting frequency for the next six month supervision period.

Based upon an assessment the probationer is placed in one of the following supervision levels:

MAXIMUM:

MEDIUM:

MINIMUM: