Strengthening Probation as the Sanction of ChoiceIn order for Probation to be a meaningful sanction, it must be adequately funded. Probation is the sanction of choice in the criminal justice system. More offenders are under the supervision of county Probation Departments than are in state prisons and on parole combined. These are not just non-violent offenders. More and more violent offenders are under community supervision, including sex offenders and domestic violence offenders.

This increased demand for services has resulted in new, innovative initiatives being implemented across the state by County Probation Departments with the focus on keeping our communities safe. We cannot fulfill this mission alone. We must have the financial backing of the state.

However, over the years the state’s financial commitment to fund county Probation Departments has dwindled. At the same time, new laws have been created that boasted of no cost to localities, when in fact there have been substantial costs to localities.

These unfunded mandates continue to “water down” the overall Probation system. There are so many people going through the Probation system, a system that is currently under-funded, that Probation cannot continue to manage the present volume. This therefore makes Probation a less meaningful sanction.

The New York State Council of Probation Administrators is requesting that state aid to local Probation Departments be funded at the maximum percentage allowable by law (50%). Further, we ask that there be a moratorium on any new legislation that creates any financial burden on counties unless sufficient resources are also included.We stand ready to assist the legislature with thoughtful discussions on how to strengthen Probation as the sanction of choice.

Adult Offenders Served12/31/2009 2009-2010 State Funding

New York State Probation Related Criminal Court Facts

Adults under Probation Supervisionon 12/31/09 122,086

Most Serious Offense Felony 60,037 49%Most Serious Offense misdemeanor 57,350 47%Most Serious Offense Other 4,699 4%

Most Serious Offense for Adult Offenders under supervision 12/31/00

Property 30,610 25% DWI 29,233 24% Violence/Coercion 28,992 24% Drug Law Violations 21,816 18%Other 11,435 9%

Male 96,849 80%Female 24,324 20%

White 56,453 46%Black/African Am. 35,083 29%Hispanic 24,496 20%Asian 1,224 4%Other 4,830 4%

Source: NYSDPCA Client Data Base System

Total Family Court Intake Cases Opened in 200870,089

New York State Probation Related Family Court Facts

Intake Cases Open in 200870,089

Juvenile Delinquents 25,518PINS 10,256Family Offense 12,699Cust/Adopt/Visit. 13,391Other(support/paternity/other) 8,225

Investigations Completed 2008

Juvenile Delinquent 5,732PINS 1,679Cust/Adopt/Visit. 2,431Other 2,966

Source: NYSDPCA Probation Workload System

New York State Probation Related Family Court Facts Family Court Supervision cases open on 12/31/08

Juvenile Delinquent 8,477 PINS 2,628 Family Offense 109 Other 854

Juveniles Delinquents Received for Probation in 2008Age Male Female

13 and under 11% 2%14-15 45% 12%16 and over 24% 6%TOTAL 80% 20%

PINSAge Male Female13 and under 10 % 6%14-15 31% 24%16 and over 14% 15%TOTAL 55% 45%

Restitution collected in 2008(family court only) $606,033

State Reimbursement Rate History

Overall Impact of Unfunded Mandates on a Probation Officer’s Time