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Erie County Government - Official website of the Erie County, NY Government
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This department provides both adult and juvenile probation services to all courts within Erie County and the County Conditional Release Commission. Probation services include investigation and presentence reports to the courts for persons convicted of both criminal and civil offenses, and supervision of persons sentenced or placed on probation. The department also prepares reports for Family Court in custody, visitation and family offense cases. These services are mandated by the New York State Criminal Procedure Law, the New York State Correction Law and the New York State Family Court Act. The Probation Department is regulated, monitored and receives partial reimbursement and support from the New York State Department of Probation and Correctional Alternatives. The department also conducts investigations that relate to non-family members seeking to become guardians for Surrogate's Court.
The Juvenile Delinquent Intensive Supervision Program is designed to divert youths from facility placement by providing intensive probation supervision and involvement in counseling and rehabilitative services. Electronic monitoring equipment is used for more difficult cases. The program is stated funded.
The goal of the Alternatives to Incarceration initiative is to reduce costly and inappropriate incarceration in the Holding Center and the Correctional Facility, through strict offender supervision, monitoring, treatment referrals and other rehabilitative programs. The following are included in the ATI grant:
Pretrial Services are specifically designed to intervene and/or assist defendants in the criminal justice system at any point from arrest through final adjudication. Such services include relaying verified information about defendants to the Court to assist in the bail/release decision, supervising and monitoring released defendants while they await the resolution of their criminal cases, providing or brokering community-based programs and utilizing treatment strategies which address core client issues related to criminal behavior.
Erie County Pretrial Services seeks to impact on two elements which contribute to jail and prison overcrowding; the number of persons incarcerated and the length of time each offender is incarcerated. The goal of reducing the frequency and duration of incarceration are attained through the provision of timely and complete information for judicial decision-making and through the provision of additional dispositional options to the Court.
The Program is based on the belief that the money bail system is inherently discriminatory and on research which indicates that nonfinancial release conditions can be as effective as money bail in ensuring court appearances. The program recognizes a positive correlation between meaningful community ties and court appearance rates. It seeks to strengthen this correlation through various additional services including notification to defendants of pending court dates, periodic reporting requirements and more extensive supervision and monitoring. Although the determination of bail or release, with or without conditions, is the decision of the Court, Erie County Pretrial Services provides a key support service by identifying appropriate conditions for release and avoiding inappropriate use of detention. The Program quickly gathers and provides information screened and given the opportunity to be interviewed. A standardized interview format and objective risk assessment are used to identify criteria equally applicable to all defendants and prevent interviewer bias. Each defendant's release eligibility is particular to their circumstances.
Community Service Sentencing is designed to provide viable alternative sentencing options to the Courts for individuals who would otherwise be confined at the Erie County Correctional Facility.
Pretrial Services is designed to reduce inappropriate confinement and overcrowding at the Holding Center by facilitating pretrial release options available through the courts.
Release Under Supervision recommends jail release for inmates awaiting trial at the Holding Center, who are incarcerated on misdemeanor felony charges. Individuals are placed under the supervision of Probation when released. This program is also supported in the operating budget through the use of additional probation officers and electronic monitoring equipment when appropriate.
The Day Reporting Center is a collaborative effort between the Probation Department and the Erie County Medical Center, Division of Chemical Dependency. The program targets offenders with substance abuse problems and provides them an opportunity to participate in an intensive, closely monitored, and highly structured addictions and rehabilitation program at the Erie County Medical Center Clinic. Clients are released from incarceration, while participating in this program and are under the strict supervision of probation officers. The criteria for acceptance into the program stresses high standards of public safety and limits participation to non-violent and less serious offenders.
Erie County Pretrial Services makes strategic use of resources by responding to the risks posed by the defendants and ensuring that limited and costly jail facilities are reserved for those whose release would pose a serious risk to public safety. Erie County Pretrial Services makes sense, saves millions of dollars annually, is less expensive than incarceration and more likely to affect the defendant.