WE CAN DO BETTER -12

WE CAN DO BETTER – Part 12 

By Alan Miller, Candidate for Judge Superior Court II

 

Probation

Over the past several years, probation officers have also become a larger, much more visible, part of our justice system. While the reasons for this development are unknown, what is clear is that there are ways to decrease their responsibilities and visibility in the courtroom.

 

Reduce maximum sentences and thereby individuals on probation

One problem with plea agreements in Dearborn County is that the vast majority of them call for maximum sentences, typically requiring a large majority of the sentence to be served on probation under the supervision of a probation officer. While there are certainly crimes and circumstances in which maximum sentences are proper, these types of sentences are being handed down even when the facts and the law do not suggest such a sentence is appropriate. This practice creates undue stress on the probation department’s already limited resources by keeping people on probation for extended periods of time, thus increasing the number of cases for which any given officer is responsible.

When elected, the court will not be a rubber stamp. I will strive to ensure that plea agreements presented to the court comply with the law and the sentences called for are proportionate to the specific facts of the crime committed. Over time, this will alleviate the stress placed on the probation department and reduce the operating costs of that department.

 

Probation works for the judge, not the State

If an individual violates the terms of his or her probation, a request to revoke their probation may be filed. In these cases, it is not unusual to see the parties negotiate an agreement to present to the judge. Probation violations are quickly becoming one of the more common proceedings in our courts. In a given week, it is not unusual to see more probation violations filed than new criminal charges. At a recent county council meeting, our elected prosecutor claimed that as many as 100 probation violations were being disposed every month.

Indiana law clearly dictates that the probation department falls under the authority of the court. Despite this, it is not unusual to see the probation officer and deputy prosecutor in charge of case working to formulate a proposal to present to the defense attorney. It is also common practice in this court for the probation officer to sit at the same table as the deputy prosecutor covering the case. Compare this to the Dearborn Circuit Court, where the probation officer sits at the witness stand, directly next to the judge. While largely symbolic, this demonstrates the relationship between the probation officer and the prosecutor in this particular court.

When elected, I will seek guidance directly from the probation officers as to their recommendations for treatment of individuals on probation. The probation officer is often times the individual who knows the individual on probation best; what they have done and what they can do. They are in the best position to make these suggestions and have the training and experience necessary to do so.

This is the twelfth part of my platform statement; a detailed proposal for how to improve our current justice system. It will be released over the next several months through facebook.com/makeitmiller2012 and makeitmiller2012.com. PLEASE feel free to forward this to your friends and family.
Thanks for your continued support!

Alan Miller