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| Alternatives to Incarceration | ||
| Community Service Program | ||
| A court may impose a sentence of community service under the conditions of a Conditional Discharge or an Order of Probation, upon conviction of a violation, misdemeanor, Class D or E Felony, or a Youthful Offender adjudication. | ||
| Community Service clients are placed at work sites to provide needed work for non-profit and municipal agencies. Work sites utilize community service clients to do work that they could not afford to pay for. In no case does a community service worker replace a paid employee. | ||
| The Community Service Sentencing Program provides a work site for the defendant to perform his/her hours of community service, monitor his/her progress, and reports to the Program Specialist who then reports to the court. The agency does not have jurisdiction over the defendant. Jurisdiction remains with the court. | ||
| In addition to those defendants excluded by law, there will often be defendants who may be inappropriate for a community service sentence. These may include: | ||
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Defendants impaired by physical, mental, emotional, alcohol, or drug-related disabilities. | |
| 2. | Defendants convicted of certain types of violent or sexual offenses, or possession of a weapon during the commission of a crime. | |
| 3. | Defendants who may constitute a danger to themselves or to the community. | |
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A defendant should consider a community service sentence as a privilege offered as an alternative to a jail sentence. In order to remain eligible for participation in the program, the defendant must take responsibility to complete his/her assignment as directed and in an acceptable manner. Failure of the defendant to perform community service work in an acceptable manner will require prompt notification to the court, so that the defendant can be re-sentenced on the original charge. |
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| Pre-Trial Release Program | ||
| Each workday a Court Referral Specialist checks with the Clinton County Jail to determine whether there are any persons admitted to the jail who may be eligible for the Pre-Trial Release Program. The following criteria exclude individuals from the interview process: | ||
| 1. | Persons charged with a Class A, Felony or a violent felony offense specified in Section 70.02 of the Penal Law. | |
| 2. | Persons charged with probation or parole violation. | |
| 3. | Persons held for other jurisdictions. | |
| 4. | Persons with a pattern of serious harm to themselves or the community. | |
| 5. | Persons with two or more felony convictions in the last ten years. | |
| Persons not excluded by the above criteria are interviewed to determine their length of residence in Clinton County, family6 situation, employment status, school attendance, prior legal record (including Youthful Offender adjudication), and mental health. Information obtained in the interview is verified by the Court Referral Specialist by contacting the offender’s family and references in the community. A point system is employed to rate the offender’s eligibility for the program. Unless otherwise authorized, all pre-trial reports are to be submitted to the appropriate court by noon on the day after the initial interview. | ||
| Defendants released under supervision in the program report to the Court Referral Specialist either by phone or in person. The reporting schedule is geared to the individual and the severity of the pending charges. The Court can also stipulate other release conditions to include abstinence from alcohol/illegal drugs, alcohol/drug testing, curfew, various treatment requirements, etc. | ||
| If the defendant released under supervision into the program is re-arrested or fails to abide by any of the other conditions of Pre-Trial Release, the Court Referral Specialist notifies the Court of the defendant’s non-compliance and may discharge them from the program. At this point, the Court may order a bench warrant and place the defendant in the Clinton County Jail until the case is disposed of by the Court. | ||
| Prison Diversion and Intensive Supervision Program | ||
| The Probation Eligible Prison Diversion Program is a day-reporting type program designed to provide intensive community supervision and treatment plans for high-risk felony offenders who are eligible for a sentence of probation who would have otherwise been incarcerated in the New York State Department of Corrections. Persons convicted of felony sex offenses per the Governor’s Proclamation are ineligible for supervision in the program. | ||
| Eligible offenders can receive a sentence to this program as part of a plea bargain, a recommendation at the Pre-Sentence/Pre-Plea Investigation stage, or it can also be a recommendation at a Violation of Probation sentencing. | ||
| The program couples intensive supervision with life/social skills groups, job training, alcohol/substance abuse testing, and any type of treatment deemed appropriate. Various terms and conditions of probation are recommended to the Court, including 350 hours of Community Service Work to be performed on the evening/weekend supervised work crew. A crew supervisor works directly through this program to monitor these hours and add to the intensive reporting schedule. Job skills training through various local agencies are also encouraged along with gainful employment. There are also various levels of graduated sanctions used in an Administrative Reprimand, including, but not limited to increased reporting, curfew monitoring, and electronic monitoring to encourage compliance. | ||
| If a probationer fails to comply with the probation conditions of the program, they can be returned to Court with a Violation of Probation and face the possibility of a sentence of imprisonment with the New York State Department of Corrections. On the converse, if a probationer has fulfilled the rigorous requirements of the program over a specified period of time, may have their supervision level "stepped-down" in that program. | ||
| Community Service Work Crew | ||
| The Probation Department has a work crew supervisor, who takes and supervise the work crew at various locations in Clinton County. The supervised work crew is provided to governmental and non-profit organizations to supplement their regular workforce. This work is performed on weekends and several evenings during the week. | ||
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