Union, DOC Battle About Probation Visits by Jim Saunders

Posted: June 19, 2012 in News and politics

TALLAHASSEE | A state judge heard arguments Wednesday about whether the Florida Department of Corrections acted improperly this year when it severely restricted probation officers from going to probationers’ homes to check on them.

The department placed travel restrictions on probation officers in March as a cost-cutting move. But the Teamsters union, which represents officers, contends that the department needed to go through a formal rule-making process before approving the change — and that the restrictions endanger public safety.

“I think we are putting the community at risk,” Miami probation Officer Kimberly Schultz testified during a hearing before Administrative Law Judge Elizabeth McArthur.

But department officials said the change has not compromised safety. If officers suspect wrongdoing, they can seek permission from supervisors to visit probationers’ homes and also have other ways to conduct monitoring, such as drug tests, the officials said.

“Nothing has been brought to my attention that we have jeopardized public safety,” said Jenny Nimer, a department assistant secretary who helped author the changes.

The case centers on past requirements that officers make periodic visits to the homes or workplaces of probationers, with the number of visits based on the offenders’ backgrounds and potential risks. Schultz said, for example, that such visits were required at least once a month for “maximum” cases — which she said can include people who have served long prison terms and have records of violent crimes.

The department approved the restrictions because it faced a $79 million budget deficit this fiscal year, Nimer said. In February, it paid $277,000 in probation-related travel reimbursements, a total that dropped after the change to $99,000 in March and $80,000 in April.

Nimer said the department intends to lift the restrictions when the 2012-13 fiscal year starts July 1. Some visits, such as to the homes of sex offenders, have not been restricted.

McArthur listened to nearly five hours of arguments and testimony about the issue and will likely rule this summer.

Offenders are required to go to probation offices once a month and provide information about such things as where they live and work. But Schultz said it is critical for officers to visit homes to verify the information, look for signs of possible criminal activity and make sure probationers are complying with requirements such as curfews.

“When the offender just comes into the office and fills out a report, he can say whatever he wants,” said Schultz, who has a current caseload of 43 people, with the majority either sex offenders or “maximum” cases.

The challenge in the Division of Administrative Hearings, however, centers on more-arcane questions of rule-making instead of whether restricting visits is a good idea or jeopardizes safety.

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