Pubdate: Sun,  4 Aug 2002
Source: Enid News & Eagle (OK)
Copyright: Enid News & Eagle 2002
Contact:  http://www.enidnews.com/
Details: http://www.mapinc.org/media/2012
Author: Jay F. Marks

RULES OF PROBATION

Doug Byrd keeps a number of photocopied newspaper articles taped to
the only bare wall of his little office.

Each one has a paragraph or two highlighted, drawing attention to what
can happen to people who don't live up to the conditions of their
court-ordered probation.

One shows the revocation of a 25-year suspended sentence. Another
contains a stern warning from a judge about violating the terms of
probation.

Byrd, a senior probation officer for Oklahoma Department of
Corrections, said the articles are meant to remind offenders who are
not sentenced to jail that such punishment still could be in their
future.

Byrd said many offenders don't realize they still could be sent to
jail even though they have been sentenced to probation.

"It's not over with now," he said. "It's just barely
starting."

Once offenders are sentenced to probation, they have 72 hours to
report to the DOC office at 900 W. Cherokee, where they are assigned
to a probation officer.

Byrd is one of four probation officers working in Garfield County,
along with Dwight Mehlig, Gary Hart and Pat Von Hagel. Each one of
them handles a caseload that can vary between 70 and 140 offenders.

In an initial visit with offenders, probation officers will assemble
some background information and establish a case plan, which
highlights the rules of probation.

"That is the officer saying, 'This is what I want you to do,'" Byrd
said.

He said many offenders are overwhelmed when they begin their probation
because they just have finished dealing with the complexities of their
court case. Most are too relieved not to be behind bars to think about
what they should be doing next.

"It's a whirlwind process," Byrd said.

Byrd said probation officers help the offenders prioritize their
obligations.

"Now they've got to deal with what they've agreed to do," he
said.

Byrd said most cases are simple. Offenders are required to pay
probation fees, court costs and restitution and report to their
probation officer as requested.

In many instances, offenders have been ordered to perform community
service or undergo counseling or drug testing.

Byrd said probation violations don't automatically result in an
offender going back to jail.

Probation officers try to work with offenders to keep them in the
community as "contributing citizens," he said. But responsibility is
placed on the offenders.

Byrd said they must prove they are following the rules, including
providing proof of employment and checking in with their probation
officer regularly.

Offenders check in at their probation officer's discretion, usually on
a regular schedule.

"Policy establishes a framework, but there's no rhyme or reason to how
often people report," he said.

Byrd said he typically starts off having offenders report to him every
couple of weeks then revises that schedule based on their performance.
The same goes for required home visits and drug tests, he said.

Each visit or contact between a probation officer and an offender is
documented carefully so a clear record is available to DOC and the
court system.

Byrd sat at his desk Thursday and typed notes into his computer as he
talked to an offender who had called in from a pay phone after work.
They set up a meeting in another week for the offender to make a
payment on his costs.

"We stress documentation," he said.

A call from a friend is not enough to confirm employment. Byrd said
probation officers prefer to have copies of a check stub to verify an
offender is working.

Such documentation makes it easy to see if offenders are complying
with the terms of their probation.

Byrd said probation officers, who are required to be accessible 24
hours a day, do their best to help offenders succeed with their probation.

Officers can refer offenders to other agencies for programs and
services that can keep them out of trouble, but only if the offenders
want help, he said.

"I can't change them," said Byrd, a veteran of almost 18 years with
DOC. "They have to want to change themselves."

If that is not what is happening, probation officers can report
offenders' problems to the district attorney's office and the judge
who sentenced them.

Byrd said it usually takes a number of violations before that happens,
unless a new crime has been committed.

The probation officer's report includes details about the violations -
failure to report as required, failed drug tests, unpaid fees - as
well as a recommendation either to take no action in the case or begin
proceedings to send the offender back to jail.

After prosecutors file a motion to incarcerate an offender on
probation, the judge must decide if the offender is guilty of
violating the terms of probation. The offender already has been found
guilty of the original criminal charge.

Offenders can be sentenced to serve the entire suspended or deferred
jail term, even if their is almost over.

But that isn't the way probation officers want things to end
up.

"Sending somebody to prison is not a success," Byrd
said.
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