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 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 select and evaluate individuals for the program. A judge or attorney may recommend a referral. The probation officer can determine if a particular individual is appropriate for CLTL by asking a series of questions:
- Can they handle the literature?
- Are they in a place in their sobriety/recovery that would allow them to participate in this program?
- Will there be job/childcare conflicts?
- Are they motivated to take on CLTL?
- Do they have too many personal issues that may interfere?
To answer the first question, many probation officers use a simple reading test to determine if the individual can digest the material. This can be as easy as asking them to read a magazine article or briefly discussing what they like to read.
Once the program begins, the probation officer follows up if a participant misses class or does not complete assignments and advises about their 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
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 individual with a greater sense of accomplishment when they responsibly commit to the program without the threat of sanction. Judges, of course, maintain the discretion to make participation in the program a condition of probation. Making participation in a CLTL program mandatory should always be evaluated with a realistic assessment of the candidate’s potential to succeed in the program.
The individual should be informed at the time of the referral how successful completion of the CLTL program may positively affect their case. If completion of the program will affect a participant’s conditions or status of probation, it should be memorialized on the record, and in writing.
Attendance and Tardiness
A clear attendance policy should be made available to all 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 program 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 participant has successfully completed the program. The judge and probation officer should consider attendance, punctuality and participation.
Location of Sessions
Programs should meet as close as possible to public transportation.
Referrals, Screening, and Agreements
Screening
- Screening should be done before referral to ensure that an individual is qualified to participate.
- 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 Individual on probation to assess the their ability to read and, if necessary, may ask them to read something in order to make this determination. If they are unable to read but otherwise qualified, options may include permitting someone else to read the material for them or having the 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 consider any victims/survivors involved. If there is a victim/survivors connected with the case, and the probation officer determines that the individual on probation is still eligible to participate, the probation officer must adhere to all victim policies and provide notice to the victim(s) and take into consideration their feedback before moving forward with a referral.
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 cltl@jud.state.ma.us.
Program Overview and Participation Agreement Packet
- Once the screening and referral are completed, the probation officer will discuss the overview of the program, the participant’s obligations, and have the participant 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 Participant's Obligations
- Punctual attendance at all classes.
- Complete all reading assignments.
- Positive, proactive 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 participant’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 participant is voluntarily attending or is ordered to attend.
- Extenuating circumstances as described below should be considered:
- A participant on a non-court order basis is in a car accident on the way to class and can verify it.
- A participant under a court order to attend misses a class and when contacted by the probation officer says, “Sorry, I forgot.” Upon further inquiry, the probation officer learns that not only did the participant 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 participant a first-time warning and explain the 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 participant can commit to each class, reminding them of their agreement.
- The probation officer can give the participant 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.
- Participant may not receive any reduction of probation 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 participant.
- 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 shortcomings 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 participant 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 individuals on probation in a new light. The probation officer can be effective in initiating lively discussions by sharing what they see in a text, and participants look to the probation officer to see their reactions concerning texts. Participants 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 survey. Participants may complete the feedback form on paper or by using the links provided in Part Seven, Appendix C.