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Show Wednesdoy, ffSOIr0 A SENTENCE IS PRONOUNCED by Judge stands with his Brent Feltch as the defendant attorney. If the subject is placed on probation the Department of Corrections yvill work with all available public agencies to see that the individual has every chance to stay out of the court system. VERNAL POLICEMAN, Robert Vander-buss- e locates a file on a defendant for Ron and Kirk who will began a report on CITY pre-senten- October 2, 1985 Vefflal ExpfeSS 13 mining factor in whether or not an inmate will be placed on probation or parole or how stiff his sentence will be. the subject. These reports are often the deter urprisimg facts about probation & parole By Merle Young Express Society Editor Joe Johnson and his buddy pull up behind a tire store in an old Chevrolet truck at 4 a .m. on a hot July morning. Stacks of tires on display are secured by a padlocked chain that is easily cut by Johnson and his companion. About $1,000 worth of tires and wheels are hastily loaded into the -Chevy and the pair drive quickly away. A few days later an anonymous tip leads local police to a garage in the city where some of the stolen tires have been stashed by Johnson. The rest of the booty has been sold and many of tires and wheels already installed on vehicles. Neighbors whose property joins that of the unoccupied house where the garage is located are questioned by detectives. Within a few hours Johnson, an unemployed construction worker, is arrested at his home for 2nd degree felony theft. Johnson has been in a few minor scrapes with the law, mostly when he was a teenager. He has never been charged with a felony and is noticeably distressed when the police officers relate the possible consequences he faces as they question him about the stolen tires and wheels. At Johnsons arraignment in District Court he pleads guilty to the charges against him with the advice of his court appointed attorney. At this point, the judge demands a presentence report and Johnson is released on bail after his sentencing date is set. When a report is ordered by the court, the Division of Corrections Services (formerly called Adult Probation and Parole) becomes involved. A local corrections agent is assigned through a district office to do an study of every defendant who has either pleaded guilty or is found guilty by the court. This report is carefully digested by a judge before he pronounces sentence. There are three corrections agents in this district under region, (no. 6), who serve Uintah, Daggett and Duchesne Counties; Ronald Swenson, Ken Dawson and Kirk Mullens. The, region office is in Price, Utah. Swenson is supervisor in this district. past employers and friends. The report covered a spectrum of his life from birth to school, and to his present situation. It included his relationships with his associates, his criminal record (including juvenile crimes) and other factors that had any significant bearing on his life. Joe Johnson appeared for sentenc-- " ing on Sept. 27, nearly two months from the time he committed the crime. He had served time in jail. He had suffered through the indignity of thorough scrutiny into his personal, financial and spiritual- life. His freedom in society has been severely limited because of the mistake he made in trying to get a fast-easbuck. He suffered the ridicule of his famiof potential ly, the hesitation employers, the loss of his girl friend, and there was more to come. Johnson was given a sentence of five years to life which was suspended. He was placed on probation for 18 months and ordered to make complete restitution. The judge also recommended that he become involved in a counseling program through State Social Services. to the Swenson, According seriousness of the crime determines the probationary period. The longest probation is three years. A probation agreement is signed by a probationer and a witness. There are three degrees of probation ranging from minimum requirements where the probationer may come and go quite freely. He can report to his probation officer by telephone or letter and is generally left to function normally in the mainstream of society. An individual who is placed under intensive supervision can work his way to minimum supervision by following all of the probation requirements. The agents also oversee and maintain control of parolees who reside or are working in their district. The primary mission of the Division of Corrections is community protection. To accomplish this, the division is committed to the development and provision of programs that will identify and control convicted of- fenders inappropriate behavior and assist them in functioning as citizens. y g In working within this framework, certain been have principals adopted. These include: humanely managing the offender while adeThe State Corrections Department quately protecting the community; has recently installed a new director, assistance to the courts providing Gary DeLand who has been at the and Board of Pardons in determining helm for about three months. With offender giving dispositions; this director came the new name as assistance to offenders to promote well. behavior; providing proSwenson, who is the district supergrams which promote restitution for visor has been with the department victims of criminal acts; promoting for almost 20 years. He says he has research regarding the causes of criminal behavior and the effecseen many changes over the years, most of them for the better." He tiveness of corrections programs; to and Mullens work out of the Vernal give training and educational opporfrom the tunities to improve employee perforand Dawson office Roosevelt office. They travel to Dagmance; promoting public awareness and participation in corrections acgett when their service is required. tivities ; providing efficient and effecWhen Joe Johnsons case landed on tive correctional programs within Swensons desk, the beginning of his the framework of professional correlationship with Corrections Ser- rectional practice, legislative intent vices was established. Swenson and available resources and to provide for the planning and administrabegan an extensive intion of innovative diversified report on Johnson which required terviews with the man, his family, g t Joe Johnson would be considered a fairly easy case for the probation officer to handle because of his reasonably stable behavior in the past. Also he demonstrated remorse for his crime and was embarrassed to be placed on probation. This is not . always the case, however. Swenson said, We dont want to be threatening. We try to convey the message that we are here to help the individual stay out of the court system. But we let them know if they choose to break the law again,-th- at they are totally responsible for their own behavior and no one is to blame but themselves. Otherwise, we just expect them to act like an adult. A parolee or probationer will immediately be returned to a jail or prison to complete their sentence if they violate any part of their parole or probation requirements agreements. Some are angry and sullen when they are sent to us. They are out to prove they can beat the system. These are the ones we will invariably see again, noted Swenson. The probation officer said men are usually easier to deal with than women because women become more emotional. Is he swayed by tears and pleading? No, I am not. But it sure can spoil a good afternoon, Swenson quipped. The ones who break my heart are like the 50 year old ladies who are divorced, stranded with no vehicle, no job, have been picked up for DUI and have no job skills and cannot pay fines or restitution. A 50 year old man, on the other hand, can hitch hike to a job, can get menial work to maintain and just has a better chance to make it, he explained. Others the probation officers find hard to deal with are those with borderline intelligence who dont understand whats going on. They are smart enough to get a drivers license, but cant deal with marriage, maintain employment or function well in our complex society, according to Swenson. The probation officers are deluged with all kinds of sob stories. They each carry a caseload of about 100 individuals who are on varying degrees of probation. With this many individuals to keep a reign on, all sorts of tales and situations surface. Some say their wives or husband have left them and they have been fired from their job. Others say everyone hates them and they are sick, injured or in dire need of something. The corrections officers must sort out the truth from the fantasy and act accordingly. A complete record is kept on each individual who is on parole or probation. Logs are kept in the probationers or parolees file. The file is constantly updated which keeps secretaries and agents busy. Each of the district corrections agents are POST (Police Officers Standards Training) certified. They must attend about 200 hours a year of inThese specialized training. dividuals are peace officers with the same basic training and responsibilities. They may carry weapons make arrests and ascist other law agencies in certain situations. They carry a heavy burden of stress with the job and must make allowance for this in their personal lives. They occasionally are pressured by defense attorneys and periodically by the police agencies on how they do their job. Fairness is in the eye of the beholder, said one of the agents. There are some misconceptions about adult probation and parole. The general public, for instance, is not very well informed on who makes the initial decision as to who should be placed on probation and who should go to jail. The courts alone, make this decision. If a person goes . to prison, the State Board of Pardons decides if her or she will be released. Arrangements can be made for probationers or parolees to move within the state or anywhere in the United States with permission made Compact possible by the Inter-Stat- e Agreement which allows this fair exchange. Some interesting facts shed light on the nature of Utahs and the nations crime and criminals: about 60 percent of serious crimes are never reported to the police; forty three percent of males have police records (other than traffic offenses) by the time they reach 26 years of age; over 10 percent of all males are arrested during their seventeen year and the number drops rapidly after that age; Utahs crime rate was 272 per 100,000 population in the most recent report; Utah inmates serve an average of 28 months as compared to a national average of 18 months; the recidivism rate for property offenders is more than twice that of violent offender; racial minorities as a general rule are tremendously over- - represented in the criminal justice system. Swenson, Mullens and Dawson feel good about the success of their services to the parolees and probationers. With the use of additional resources such as counseling, houses and the evaluations, half-wa- y law of all the agencies with expertise whom they work hand in hand, they have been able to turn the lives of individuals around. Each of these agents are well educated, compassionate and yet, tough with their charges. They have an amazingly low rate of returns for such heavy case loads. The probation agreements and provisions of parole are a watch word in their daily routines. They make reports; make home and on the job visits; must search individuals, vehicles, property, and homes when necessary; counsel and console; know the law; take continual training; and through all of this, keep track of everyone of their cases and be prepared to report on them upon request. As their new name describes, they are definitely in the business of corrections. Lives like those of 22 year old Joe Johnsons hang in the balance. Joe Johnson dividual created article. and Kirk Mullens go over a prior to a personal interview. RON SWENSON STERN WARNINGS are given by Kirk Mullens (L) to a girl on probation as his supervisor, Ronald Swenson looks on. If a parolee or proba- - is a fictitious into add clarity to this probationers file breaks the rules required by law, t be returned to incarceration to serve the binder oi their original sentence. will |