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The Honolulu Advertiser
Posted on: Monday, July 24, 2006

New HOPE for probationers

By David Waite
Advertiser Staff Writer

CONDITIONS FOR HOPE

(Hawai'i’s Opportunity for Probation with Enforcement)

• A single failed drug test will result in a probation modifications hearing, usually the same day. Sanctions can range from a few days, weeks or even months in jail or prison.

• Missed appointments with probation officers or drug-treatment programs result in the same thing: swift and sure consequences for breaking the rules.

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70 — HIGH-RISK PEOPLE ON PROBATION WHO WERE CHOSEN FOR THE PROJECT WHEN IT BEGAN 20 MONTHS AGO

130 — probationers in the program now

1,000 — people who could be in the program after it expands later this year

7,200 — people on probation in Hawai'i

64 — percent reduction in missed appointments by HOPE participants

84 — percent reduction in the number of urine tests for drugs that come back positive for HOPE participants

$1.2 million — allocated by the 2006 Legislature to expand the program

$38,000 — annual cost to keep each prisoner behind bars in Hawai'i

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CONDITIONS FOR HOPE

(Hawai'i's Opportunity for Probation with Enforcement)

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BY THE NUMBERS

A breakdown of Circuit Judge Steve Alm's probation program:

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What started 20 months ago as a pilot project is showing early promise as a way to keep convicted criminals from breaking the terms of their probation and being sent back to prison.

HOPE — Hawai'i's Opportunity for Probation with Enforcement — started with 70 high-risk probationers and a warning from Circuit Judge Steve Alm, who started the program:

  • Fail a random drug test in the morning, and you'll likely be in the courtroom the same afternoon and in jail before sundown.

  • Fail to show for an appointment with your probation officer or participate in your drug-treatment program, and the same thing happens.

    "When somebody is waiting in the same (probation) office to be tested and they see somebody else being arrested for a positive urinalysis, it has a pretty dramatic effect," Alm said.

    The HOPE project differs from regular probation where it can often take a dozen or more violations to trigger a revocation hearing, a process that can take weeks if not months.

    The threat of immediate jail time led to a 64 percent reduction in the number of missed appointments and an 84 percent reduction in the number of positive drug tests, Alm said.

    "They certainly have the statistics to show that it's been very successful so far," said Jack Tonaki, state public defender. "Anything that helps an offender maintain their probation and stay out of jail is helpful for the offender and the state as well."

    Tonaki said the swift manner in which probation violations are handled has much to do with the program's success. He believes the program has more to do with judges trying to assist people on probation and keeping them on track rather than penalizing them for probation violations.

    "Another benefit is that it shows right up front who the really chronic violators are going to be, the ones for whom there may be no alternative but to send to jail," Tonaki said.

    HOPE's success was enough to persuade the 2006 Legislature to provide $1.2 million to expand the program to 130 convicts at present, with an eye toward expanding it to 1,000 or more.

    Some $700,000 of the money approved by the Legislature will go toward slots in drug treatment programs while the remainder will be used to pay the salaries of three social services workers and four probation officers. The social services workers will be responsible for witnessing urine sample collections. The probation officers hired for the program will oversee about 100 probationers, about half the normal workload, but will intensely supervise the probationers assigned to them.

    On July 1, Circuit Court Judges Derrick Chan, Richard Perkins and Richard Pollack began using the program. In August, fellow Circuit Judges Virginia Crandall, Dexter Del Rosario, Karl Sakamoto, Michael Town and Michael Wilson will also have the HOPE option at their disposal.

    There about 7,200 people on probation in Hawai'i. Yanking probation for any of them and sending them to prison to serve out their terms comes at a heavy price for taxpayers — $38,000 per person to be exact, Alm said.

    "Our probation officers are authorized to make arrests," Alm says. "So if you go in to take a urine test for drug tests, and it comes back positive, you can be arrested on the spot."

    Probationers selected for the program have demonstrated a tendency to miss appointments and fail drug tests, Alm said.

    Those picked for the program are brought into Alm's courtroom for what he calls a "warning hearing."

    "One of the first things I tell them is that I really want to see them succeed, their probation officers want them to succeed, everybody here wants them to succeed," Alm said.

    Then he makes it clear that the person solely responsible for their success or failure is himself or herself.

    Reach David Waite at dwaite@honoluluadvertiser.com.