Changing Lives Through Literature Best Practices Guide: Part Three: The Probation Officer

This page includes information on the probation officer's role in a CLTL program.

Role of the Probation Officer

A probation officer’s involvement in CLTL is essential for the success of the program. By attending the sessions, reading the selections, and participating in discussions, the probation officer serves as role model for probationers in the classroom.

The Probation Officer's Dual Role

Probation officers are in a unique position to select candidates for CLTL. Because probation officers spend time getting to know each probationer’s history and background, they are in the best position to locate, select and evaluate probationers for the program. A judge or attorney may recommend a referral. The probation officer can determine if a particular probationer is appropriate for CLTL by asking a series of questions:

• Can the probationer handle the literature?
• Is the probationer in a place in their sobriety/recovery that would allow them to participate in this program?
• Will there be job childcare conflicts?
• Is the probationer motivated to take on CLTL?
• Does the probationer have too many personal issues that will get in the way?

To answer the first question, many probation officers use a simple reading test to determine if the probationer can digest the material. This can be as easy as asking the probationer to read a magazine article or briefly discussing what the probationer likes to read.

Once the program begins, the probation officer follows up if a probationer misses class or does not complete assignments and advises about the probationer’s continued participation in the program. Probation officers set up rules for participation, give accolades for success, provide sanctions as necessary, and maintain attendance records.

Juvenile Court Programs

Role of the Probation Officer:

Probation officers are in a unique position to select candidates for CLTL. Because probation officers spend time getting to know each probationer’s history and background, they are in the best position to locate, select and evaluate probationers for the program.  A judge or attorney may recommend a referral. Referrals may be made on delinquency cases and Child Requiring Assistance (CRA) cases. A CLTL referral may be particularly appropriate as a condition of an agreement for diversion of a delinquency prior to arraignment, or as part of an informal assistance period of a CRA.

Judges have differing views on whether to make participation in a CLTL program voluntary as an inducement for successful completion or to make it a condition of probation with a sanction for failure. The preferred approach is for participation to be voluntary, because it provides the juvenile with a greater sense of accomplishment when the participant responsibly commits to the program without the threat of sanction.

The juvenile should be informed at the time of the referral how successful completion of the CLTL program may positively affect his case. If completion of the program will affect the juvenile’s conditions or status of probation, it should be memorialized on the record, and in writing.

Location of Sessions

Programs should meet as close as is reasonably possible to public transportation because parents and guardians often have unreliable or non-existent private means of transportation. Also, many parents and guardians work, so they would be unable to bring the child. Often a large room in a courthouse may be the most accessible. Otherwise, facilitators should consider more convenient settings such as Family Resource Centers and other non-profit organizations that may provide private space for meeting.

Attendance and Tardiness

A clear attendance policy should be made available to all juvenile participants and their parents or guardians. It should be made clear that adherence to the attendance policy is necessary for successful completion of the program. Each will need to set its own attendance/tardiness policy.

Juveniles, unlike adults, must sometimes rely on their adult caretakers to transport them to the CLTL meeting. For juvenile CLTL programs it may be more practicable to have an attendance policy that does not delineate between excused/unexcused. For example, after two absences a physician’s note will be required, but continued absences beyond a certain number of meetings, perhaps three meetings, will mean termination from the program regardless of reason.

Of course, tardiness after the start of a session, for instance fifteen minutes, should be considered an absence.

Near the conclusion of a CLTL session the probation officer and the judge should meet and confer as to whether each juvenile participant has successfully completed the program. The judge and probation officer should consider the juvenile’s attendance, punctuality and participation.

Referrals, Screening, and Agreements

Referrals:

Referrals are most often voluntary, based on the recommendation of a probation officer (chosen by a probation officer.) They may also be made as a court order at sentencing or at a surrender hearing. For additional information, please contact [e-mail].

Screening:

• Screening should be done before referral to ensure that the probationer is qualified to participate in the Changing Lives Through Literature program.
• The probation officer will also discuss course requirements and expectations, transportation, childcare issues, possible work schedule conflicts, and the prohibition on active drug or alcohol use.
• The probation officer meets with the probationer to assess the probationer’s ability to read and, if necessary, may ask the probationer to read something in order to make this determination. If a probationer is unable to read but is otherwise qualified, options may include permitting someone else to read the material to the probationer or having the probationer use audio books.
• The probation officer also assesses potential safety concerns, which should be evaluated on a case by-case basis. 
• The probation officer must also take into account any victims/survivors involved. If there is a victim/survivors connected of the case, and the probation officer determines that the probationer is still eligible to participate, then the probation officer must also adhere to all victim policies and provide notice to the victim(s) and take into consideration their feedback before moving forward with a referral.

Program Overview and Participation Agreement Packet:

• Once the referral and screening have been completed, the probation officer will discuss the overview of the program, the probationer’s obligations, and have the probationer sign the Program Overview and Participant Agreement Packet (CLTL-MPS2).
• The probation officer will also discuss that completion of the program will result in an incentive.

Checklist of Probationer's Obligations

• Punctual attendance at all classes.
• Complete all reading assignments.
• Positive, pro-active participation in classroom discussions.
• Complete all work assigned by the facilitator.
• Refrain from substance use.
• Be respectful of others in the class.

Dealing with Absence, Tardiness and Other Violations

• Each class, the probation officer will be responsible for accurately reflecting attendance via the Attendance Form (CLTL-MPS3).
• Attendance must also be logged on the probationer’s MassCourts case using the chrono code “PCFV” probation contact “field visit”. 
• Every situation is different and should be handled individually. It matters if a probationer is voluntarily attending or is ordered to attend.
• Extenuating circumstances as described below should be considered:
• A probationer participating on a voluntary basis is in a car accident on the way to class and can verify it.
• A probationer under a court order to attend misses a class and when contacted by the probation officers says, “Sorry, I forgot.” Upon further inquiry, the probation officer learns that not only did the probationer not attend, but also failed to read the book.
   

While both missed a class, due to the differing circumstances, they should receive different consequences. When determining appropriate consequences, a team should decide ahead of time how to handle certain transgressions and should be consistent in delivering appropriate consequences.

Absence:

• The probation officer should give the probationer a first-time warning, discussing with the probationer their short- and long-term consequences.  Together, have a conversation to hear why they missed the class, explain the importance of attending, and together come up with a plan on how the probationer can commit to each class, reminding them of their agreement.
• The probation officer can give the probationer a few essay questions on the material missed to bring to the next class to show that while they were unable to attend, they did the reading and thought about some of the questions raised in the story.
• Probationer will not receive any reduction of sentence. 
• Probationer may repeat the program, if feasible.

Tardiness

• There is no right or wrong way of dealing with tardiness. The important thing is to be consistent.
• Some programs have a zero tolerance for tardiness. The door is closed when the class begins. 
  • Others give a 10 or 15-minute window. Some give a warning the first time.
• Each team should talk it over in advance and decide how to handle it.

Inappropriate Behavior in Class

• Criminal conduct will not be tolerated and will be addressed in court. A heated discussion or other behavior may cross the line and become inappropriate.
  • Such conduct may be effectively addressed simply by a probation officer having a few words with the probationer. 
  • Sometimes it can be scary for people to participate and speak up. Facilitators are very good at bringing people into the conversation, but a probation officer may have to encourage participation.
    • When addressing a probationer’s shortcoming in participation, it is important to avoid offending the individual. For many, it has been a long time since they were in a classroom. It may be just a matter of learning proper classroom etiquette.
    • The probation officer should speak with the probationer privately during an intermission or after the class.
  • The probation officer must balance offering encouragement and concomitantly being responsible for attendance, compliance, and good behavior.
  • With a little practice, you’ll find a balance that works for you and your team.
     

Many probation officers view the opportunity to participate in Changing Lives Through Literature as a way to see their probationers in a new light. The probation officer can be effective in initiating lively discussions by sharing what they see in a text, and probationers look to the probation officer to see their reactions concerning texts. Probationers also want the probation officer to listen to them, appreciate them for their ideas and insights, and value their reflections on a text.

Participant Program Feedback

• At the completion of the program, the probation officer will provide each participant with an anonymous, Participant Program Feedback Form (CLTL-MPS4). 
• The probation officer will:
  • Provide a copy of each participant’s form to the team facilitator.
  • Email a copy of each participant’s form as indicated on the CLTL-MPS4 form.
  • Ensure originals are kept at the local probation office in a central CLTL folder.