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December 17, 2008

County Commissioner Calls On Governor-Elect To Reform Probation System

By Paul Matadeen, DURHAM, N.C. -

After having continued concerns about the status of the state's probation and parole system, Durham county commissioner Ellen Reckhow has presented the following letter to the county's crime cabinet. The letter is to governor-elect Bev Perdue about the county's probation and parole problems.

Letter to the Governor-Elect:

December 15, 2008


Governor-elect Beverly Perdue
Mail Service Center 20305
Raleigh, NC 27699-20305

Dear Bev:

I was pleased to read your comments in Friday's News and Observer that you plan to make addressing problems in probation a priority of your administration. The N & O Series provided an excellent review of the problems in probation statewide and the impact on violent crime that we experience locally. I hope that you will not only focus on probation, but also address needed improvements in the criminal justice system.

In Durham County, we have a Crime Cabinet which meets every other month. It brings together all the key players - judges, the district attorney, the sheriff's office, police, probation, juvenile justice, local elected officials, and others - to discuss strategies to reduce crime in Durham. It has been an excellent forum to develop strategies to address the issues we face. Just recently, we agreed to create a central warrant control repository after Chief District Court Judge Bushfan brought the issue to us. Other initiatives, including fingerprinting misdemeanants, use of CourTools to track court performance, strengthening efforts to combat truancy, developing a jail and prison reentry program, and other efforts have been beneficial.

I encourage you to review the National Institute of Corrections Technical Assistance Report, completed in August 2008, which includes 35 recommendations to help improve the probation function in our state. One of the recommendations is to create a Criminal Justice Coordinating Council to provide general policy guidance and oversight for the criminal justice system. Currently, the criminal justice system is fractured with no one entity looking at it in a holistic manner. At the local level, it is very difficult to communicate effectively about the need for systemic change. In Durham, we have known for years that the state criminal justice information system was obsolete, seriously hampering system efficiency. While we did communicate with state officials and have made upgrade of the criminal justice information system a top legislative priority for many years, it has been hard to get traction for the issue at the state level.

In April, 2008, following the March murders of two college students in our area, we held a special Crime Cabinet meeting with Robert Guy, Director of the Division of Community Corrections, to discuss probation issues since the two men charged with the murders were both on probation. A review of those cases indicated multiple problems associated with probation supervision and the lack of information flow among law enforcement, probation, and the courts. Issues that emerged included:
• budget constraints
• high turnover (62 people had left the Durham office since 2005)
• large number of vacancies in Durham office - 16 out of 71 positions in April 2008
• low starting salaries
• probation officers often are forced to begin work without the required training
• gaps in the system and lack of connection between agencies
• more information needs to be available to judges at sentencing so they can make the right decision including the juvenile records (Letter to Linda Hayes attached)
• findings from a Department of Corrections report about problems in the Durham office in 2004 including high turnover rate, employee compensation, high caseloads and outdated technology that were not addressed four years later

While some management changes have been made, the caseloads are still far too high due to vacancies. According to the News and Observer investigation, Durham County has average caseloads for intensive probation officers of 70 - 82 when the recommended number is 30. In addition, 20 % of cases in Durham County are considered to be absconders since the probation officer cannot find them. This is the highest rate in the state. In September, of 4161 total offenders on probation in Durham County, 831 are considered absconders. Statewide, the absconder rate is 12% and nationally, it is 9 %. Why should the absconder rate in Durham County be twice the national average? This is unacceptable and must be addressed.

These figures are very alarming since they seriously compromise the safety of our citizens. We agreed at our last Crime Cabinet meeting to work with probation officials to track some key data so we can monitor the performance of probation in Durham going forward. Monitoring results and accountability will be critical to restore faith in the probation office. (Letter to John Lee attached.)

Last spring, we lobbied for more resources for probation and enhanced funding for information sharing. (Letters to Governor Easley and Secretary Beck attached) We are pleased that finally an information sharing program is being developed that will allow probation officers to better monitor arrest information for their cases. However, we are very concerned that the $2.5 million that the General Assembly allocated to reduce the case load in probation has not been spent. This must be made a priority, along with filling the existing vacant positions and improving training for new hires.

In conclusion, I hope that you will review the National Institute of Correction report and take a holistic approach in improving the probation function and other key components of the criminal justice system. Ideally, local and state officials should work together to improve the safety of our citizens. Please know that I am ready to assist you in any way that I can.

Sincerely,


Ellen W. Reckhow
Vice-Chairman
Durham County Board of Commissioners
Co-Chair, Durham Crime Cabinet
Attachments
C: Durham Crime Cabinet
Board of County Commissioners
Local State Delegation

Reckhow will also submit a letter to John Lee, the local judicial district manager for the Division of Community Corrections.

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