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FOR IMMEDIATE RELEASE
February 4, 2003
PR- 036-03
www.nyc.gov


MAYOR MICHAEL R. BLOOMBERG, CHIEF JUDGE JUDITH KAYE, COMMISSIONER MARTIN HORN, AND NEW YORK CITY’S DISTRICT ATTORNEYS ANNOUNCE EXPANSION OF OPERATION SPOTLIGHT WITH CREATION OF PROBATION VIOLATION COURTS

Specialized Probation Courts to Prevent Felon Probation Violators from Falling
through the Cracks

Mayor Michael R. Bloomberg and New York State Chief Judge Judith Kaye today announced the expansion of Operation Spotlight through the creation of Probation Violation Courts.  Located in each borough, these specialized probation courts will focus solely on felons who violate their probation and issue strict and speedy sentences to these felons who otherwise could fall through the cracks of the criminal justice system.  By consolidating and placing these probation violation cases before one judge in each borough, the new system will enable judges to closely monitor and issue stricter sentences for convicted felons who violate the terms of their probation. 

Deputy Mayor Carol Robles Roman, Criminal Justice Coordinator John Feinblatt, Correction and Probation Commissioner Martin Horn, Police Commissioner Raymond W. Kelly, Chief Administrative Judge Jonathan Lippman, Bronx County District Attorney Robert Johnson, Kings County District Attorney Joseph Hynes, New York County District Attorney Robert M. Morgenthau, and representatives for Queens County District Attorney Richard Brown and Richmond County District Attorney William Murphy joined Mayor Bloomberg at the ribbon-cutting of the new Queens Family Court building to express support for the program. 

“Our administration’s approach to fighting crime puts emphasis on problem people and problem places,” Mayor Bloomberg said.  “Probation violators are problem people. We’ve turned up the heat on chronic misdemeanor offenders, we are doing it for registered sex offenders; and with the creation of Probation Violation Courts, we are going to do it for convicted felons who are unwilling to abide by the rules of their probation.  By putting all of these offenders in one place and focusing our resources where they achieve the most good, we can monitor them more closely, we can eliminate unnecessary delays in dealing with their transgressions, and we can send these offenders a very clear message that their actions - and inactions - have consequences.”

“The creation of specialized courts to handle violations of probation will give these critical cases the focused attention they deserve,” Judge Kaye said.  “With a single judge overseeing probation violation matters and the dedication of court and Probation Department resources, these cases will be more stringently monitored and processed more efficiently.  The new probation violation court parts will no doubt help to increase public safety and provide an innovative, coordinated new approach to a category of cases that will benefit from enhanced scrutiny.”

The probation violation courts will accelerate the adjudication of the probation violation cases of felons, and judges will closely monitor compliance and impose stricter sanctions on probationers who violate their sentences.  One judge will hear felony probation violation cases filed in each borough.  The designated judge will conduct revocation hearings and preside over applications made by the Department of Probation to modify, enhance, or revoke the conditions of supervision.  A team of Department of Probation attorneys, along with specially trained court liaison officers, will present the violations and provide the judge with up-to-date, relevant information about whether probationers are complying with the conditions of supervision.  Probation Violation Courts will operate in the Bronx, Brooklyn, and Queens.  Plans are also underway to establish Probation Violation Courts in Manhattan and Staten Island.

Previously, the judges who rendered the original sentences presided over subsequent probation violation cases, conducting hearings in dozens of different court parts in each borough.  Hearings were often delayed, with nearly half of all violation cases taking more than six months to complete, and violators often evaded penalties. 

“In some cases, it was taking more than six weeks just to get a violation case in front of a judge,” said Commissioner Horn.  “With the new Probation Violation Courts, we are able to bring a probation violation before a judge specializing in this area swiftly, resolve the matter without unnecessary delay, and improve public safety by holding probationers immediately accountable for failing to do what they’re required to do.”
 
“Having one court to focus exclusively on probation violators is not only more efficient, it’s more effective,” Coordinator Feinblatt said.  “Eliminating unnecessary delay will make the consequences for violation more immediate.  Probation Violation Courts are going to put the teeth back into probationary sentences.”

Approximately 30% of felony convictions in New York City result in probationary sentences, amounting to about 8,000 new probationers annually.  Over 40% of individuals on probation are re-arrested within three years.  Felony probationers are most commonly convicted of drug dealing, robbery, and illegal weapons possession.  Individuals are required to report to Probation on a regular basis and abide by conditions specific to their crimes, including mandatory drug testing, community service, and payment of restitution.  Felony probation lasts for up to five years. 

In 2002, over 80,000 defendants were under probation supervision; 63% for felony convictions.  Approximately 10,000 violation proceedings were initiated for a variety of reasons, including new arrests, failure to comply with drug treatment, and failure to pay restitution or perform community service.  Approximately 70% of all violations were filed against offenders on felony probation in 2002.  

In 2002, Mayor Bloomberg announced Operation Spotlight, establishing specialized courts in all five boroughs solely to hear Operation Spotlight cases.  The initiative expedited the processing of narcotics laboratory reports, fast-tracked probation and parole revocations, and increased trial capacity and direct links to services for drug-addicted and mentally ill defendants.  Early results from the program have been very positive.  Since its inception, the percentage of Operation Spotlight defendants detained on bail after arraignment has jumped nearly 20%.  The percentage of defendants receiving jail sentences has also increased dramatically, rising by approximately 50%. 


 

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Contact: Ed Skyler/ Jerry Russo 
(212) 788-2958