Public Awareness

OPDV Bulletin:
Probation Against Violence

Westchester County Probation Department,
Rocco A. Pozzi, Commissioner


The following is a synopsis of an article about the Probation Against Violence (PAV) project in Westchester County. For a copy of the complete article, contact Nancy M. Lick, Chief of Research, Planning, and Staff Development of the Westchester County Probation Department, (914) 285-2296, NML1@Westchestergov.com


Probation Against Violence (PAV) is a model of victim-focused supervision that carries out the domestic violence policies and procedures of the Westchester County Probation Department. These policies, developed collaboratively with a wide range of community partners, are comprehensive for both Criminal Court and Family Court. Succinctly, they encapsulate the department's philosophy that domestic violence is a crime without justification. In the course of implementing these policies and procedures, the department realized that traditional supervision strategies are inappropriate for this population and that new strategies and methodologies had to be developed. This revelation was based on the fact that domestic violence is the only crime where victims are not nameless or faceless to probation. Probation staff know - or should know - who the victims of repeat offenses will be. This fact alone pushes probation to reexamine past and current practices. Another factor to be considered is the reality that batterers, as an offender group, are potentially the most dangerous group under supervision for both the targeted victim/survivor and anyone attempting to intervene in the probationer's power and control of his victim/survivor. This potential for lethality must be realistically factored into any supervision strategy.


PAV was based on the premise that a victim/survivor should not have to be re-victimized (violation of an Order of Protection) or re-assaulted to have continuing help in remaining safe. PAV was also designed to address the need to clarify what Probation can bring to the community's domestic violence strategy.


PAV has been funded for 36 months by the Violence Against Women Grants Office of the U.S. Department of Justice under the category of funding available to encourage arrest policies. The department's initial application challenged the funding source to look beyond arrest and successful prosecution to the period of time after sentencing.


The focus of PAV is the on-going protection of the victim/survivor; consequently, the actual supervision strategy for the offender becomes a methodology used to keep the victim/survivor safe rather than the end unto itself. PAV's clientele are the victims/survivors who voluntarily choose to remain in contact with the department following a sentence/disposition of probation from the Criminal or Family Court. It is apparent that probation-based victim services do not duplicate other existing services but meet a unique need related to the on-going safety of a victim/survivor.


A Partnership


PAV formed a partnership that included an advocacy group, a treatment agency, the prosecution, the courts, a college, and probation.(1) All partners actively participated in task-focused activities such as developing a Domestic Violence Victim Impact Statement, shaping the evaluation design, and critiquing the materials generated by the program.


The Probation Program


The PAV Program has developed into a community supervision alternative for sentenced offenders which transcends traditional "intensive" supervision strategies. The various components of the program are all essential to its effectiveness. These components include: Presentence investigation (PSI), Probation Victim Services and High Accountability Supervision.(2)


PAV is involved with additional activities including an evaluation of the program, a probation prevention initiative borrowed from Maricopa County Probation Department in Arizona, the development of a Domestic Violence Information Guide for Judges and Lawyers, staff development and community education.(3)


In summary the PAV program was developed to


  • create a victim/survivor-focused model of field-based intensive supervision of batterers serving terms of probation,
  • identify the optimum role that probation brings to our community's domestic violence strategy/partnership,
  • prevent new crime involving the victim/survivor, increase the sanctioning of non-compliance with the rules and conditions of probation, and
  • contribute to system-wide improvement in responding to domestic violence.

Conditions of Probation


PAV carefully developed the following conditions in collaboration with the Office of the County Attorney as these conditions provide the basis for the PAV supervision model.


Orders of Protection


  1. You shall observe the conditions of conduct as set forth in any Order of Protection issued by a Court of competent jurisdiction.
  2. Refrain from intimidating, harassing the victim(s) or engaging someone else in any activity that will harm the victim(s).
  3. Refrain from communicating with the victim in any form unless authorized to do so, or given prior permission by the Court.
  4. Notify your Probation Officer within one business day of any arrest(s), petitions, orders of protection issued, or any other Police or Court action against you.

Disclosure


  1. You shall sign a release authorizing disclosure of information regarding your participation in any and all treatment/ educational batterers classes required to be attended pursuant to this Order to the Court, the Department of Probation, or any other agency authorized by the Court.
  2. If required to possess or use a firearm in connection with your employment, you must immediately notify your employer that you have been convicted of a Family Offense and surrender to your employer all firearms issued to you in connection with your employment in accordance with applicable law.
  3. You are not to own/possess or use any firearm/ ammunition or any other dangerous weapon.
  4. You are not to possess or apply for any hunting license or pistol permit from any jurisdiction.

Education/Testing/Treatment


  1. You must enter into and/or participate in any batterers' educational course deemed necessary and sanctioned by the Probation Department and remain therein. You are to make necessary financial arrangements to pay for such courses/services.
  2. You are to seek a full chemical dependency/medical evaluation as deemed necessary at any agency approved by the Probation Department.
  3. If deemed appropriate, you are to enter, remain in and successfully complete any medical, psychiatric, and/or substance abuse treatment approved by the Court after consultation with the Probation Department.
  4. You shall not purchase, possess, or consume alcoholic beverages or drugs, unless dispensed to you by prescription. You shall submit to alcosensor/urinalysis as requested by the Probation Department.
  5. If deemed appropriate by the Probation Department, you are to attend meetings of any alcoholic/narcotic self-help group approved by the Probation Department and provide verification of participation.

PAV staff and their partners know this program has made a difference. For more information about PAV, contact Supervising Probation Officer Michael Oldi at (914) 285-3164.

(1) Advisory Group members include My Sisters' Place; Four Winds Hospital; the Ninth Judicial District; the Office of the County Attorney; the Westchester County Office for Women; the Office of the District Attorney; Iona College; Center for Women, Pace University School of Law, and the Probation Department.


(2) Descriptions of these components can be found in the full text of the original article.


(3)To read about these activities in more detail, contact Nancy Lick for the full text of this article. Contact information can be found at the top of this article.

This project was supported by Grant #97-WE-VX-0056 awarded by the Violence Against Women Grants Office, the Office of Justice Programs, and the United States Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the United States Department of Justice.