# Presentation: 395393

## U.S. Probation OfficeDistricts of Guam and the NMI

- F. Michael Cruz
- Chief U.S. Probation Officer
- Christopher Duenas
- Senior U.S. Probation Officer,
- Investigations Unit Leader

## Statutory Authority

-  18 U.S.C. § 3152
-  Establishment of Pretrial Services
- 18 U.S.C. § 3603
-  Duties of a Probation Officer

## Mission

- We are an arm of the federal judiciary within the Districts of Guam and the Northern Mariana Islands committed to professionalism and excellence in service to the Courts.  Together we strive to anticipate and meet the needs of the Court and the community by fulfilling statutory requirements, to include providing reports, community supervision, guiding defendants and offenders, and assisting in the fair administration of justice.  We accomplish this through the creation of a positive environment and
- the efficient use of resources.

## Slide 4

## Prison Statistics

- On December 31, 2005
- 2,193,798 prisoners were held in Federal or State prisons or in local jails
- an increase of 2.7% from yearend 2004
- less than the average annual growth of 3.3% since yearend 1995.
- an estimated 491 prison inmates per 100,000 U.S. residents
- up from 411 prison inmates per 100,000 U.S. residents at yearend 1995
- 107,518 women were incarcerated in Federal, State or local jails
- 2.6% increase from yearend 2004
- 1,418,406 men were incarcerated in Federal, State or local jails
- 1.9% increase from yearend 2004

## State Prison population by Offense Type

## The proportion of those convicted in Federal court who have been sentenced has been increasing.

## Supervision ProgramsMental Health and Substance Abuse Treatment Program

- Coordinator: Grace D. Flores
- Services provided include:
- Counseling (Individual, Group and Family)
- Urinalysis
- Breathalyzer
- Vendors include:
- Melendez/Benavente (Guam)
- Marianas Psychiatric Services (Guam/Saipan)

## Supervision ProgramsCommunity Service

- Coordinator: Stephen P. Guilliot
- Community service is a legally authorized sentencing option that requires the offender to provide service without compensation for a set period of time to a civic or non-profit organization.
- Community service is less expensive and more productive than incarceration. It adds a punitive measure or can be used as a sanction for probation or supervised release.

## Supervision ProgramsHome Confinement/Electronic Monitoring

- Coordinator: Judy Anne Ocampo
- Home Confinement is:
- A judicially or administratively imposed condition that requires a person to remain at his or her home for all or any portion of the day
- An alternative to incarceration

## Supervision ProgramsHome Confinement/Electronic Monitoring

- It services several types of clients:
- Pretrial defendants:
- An alternative to detention (no credit for time served)
- Probation/Supervised Release Offenders:
- A condition of a sentence
- BOP Pre-releasees:
- An alternative to a halfway house; or
- A condition of the Transitional Services Program.
- Technical Violators:
- A sanction imposed for technical violations of supervision (probation, supervised release, parole)

## Supervision ProgramsHome Confinement/Electronic Monitoring

- The U.S. Probation Office uses Electronic Monitoring equipment to enforce curfew and other program regulations.
- Other terms that are synonymous to home confinement are:
- House arrest;
- Home detention;
- Curfew;
- Home incarceration;
- Electronic monitoring (EM).

## Supervision ProgramsHome Confinement/Electronic Monitoring

- The client must be assessed to determine if electronic monitoring is appropriate:
- Danger to the community?
- Danger to the members in the home?
- Criminal history of assault/domestic violence
- Serious mental health problem
- Chronic or severe substance abuse
- Is there family support?
- Does the home meet the requirements for EM?
- Can the client pay for  the electronic monitoring?

## Supervision ProgramsEmployment Program

- Coordinator: Melinda Brunson
- Oasis Empowerment Center
- Impact Today
- One Stop Career Center/ Agency for Human Resources and Development / Department of Labor

## Supervision ProgramsOrientation Program

- Patterned after a new employee orientation
- Fosters a positive relationship between clients and the office
- Clients meet the staff
- Expectations of clients on supervision are listed as well as resources available to help them succeed while on supervision.
- Former clients share their success stories.

## Supervision ProgramsOther Programs

- Motheread/Fatheread
- Coordinators: Carmen O’Mallan and Jeanette Tudela
- Partnership with the Guam Humanities Council
- Graduated Sanctions Program

## Counsel and the Pretrial Interview

- The pretrial services officer gathers information for the pretrial services report as well as for eligibility for Criminal Justice Act representation.
- The pretrial services officer promotes communication with defense attorneys in the pretrial interview so as to reduce the possibility that a defendant may, without adequate legal advice, disclose information that could affect release or later be used at sentencing.
- Pretrial services interviews are not conducted for the purpose of collecting information for sentencing, although some information relevant to the pretrial release decision may be also relevant at sentencing.

## Counsel and the Pretrial Interview

- Information that may affect the sentence include:
- Criminal history;
- Financial status; and
- History of drug use.

## Counsel and the Pretrial Interview

- In all cases, the pretrial services officers advises the defendant of the use of pretrial information for release purposes, that the information has a potential use at sentencing, and that the defendant may ask for or waive counsel before a pretrial services interview.
- The pretrial services interview is not inherently coercive and is different from an interview by an agent seeking information to convict the defendant.
- The pretrial services interview is conducted with the end of assisting the judicial officer in determining the eligibility of the defendant’s release pending trial.

## Counsel and the Presentence Interview

- The defendant’s counsel have an important role in the presentence interview.
- Counsel may advise the defendant not to report false information, which could result in an enhanced sentence.
- Counsel may also advise the defendant not to disclose information that could result in self-incrimination in criminal proceedings.
- Counsel may assist and provide information to the probation officer about the defendant that could impact sentencing factors.

## Counsel and the Presentence Interview

- Although there is no constitutional right to counsel attached to the presentence interview, the Ninth Circuit has determined that probation officers must allow counsel to be present at the presentence interview.
- Rule 32 FRCP also provides that counsel has a right to notice and to attend the presentence interview.
- The presence of counsel at the presentence interview would reduce misunderstandings between the probation officer and the    defendant.

## Si Yu’us Ma’ase!