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ADDRESS
P.O. Box 1220
Port Townsend,
WA 98368

PHONE
Dist Court: 360.385.9135
Probation: 360.385.9123
Fax: 360.385.9367

HOURS
Monday - Friday
8:30 to 4:30

Weekends
Closed

 

"The Jefferson County Probation Department is committed to the protection of the community through innovative and aggressive programs to reintegrate criminal offenders into society as law abiding and productive citizens."

A probation officer is assigned to monitor defendants placed on probation by the Court.  Also persons arrested for more serious crimes who are considered to be acceptable risks may be released from custody with specific conditions.  This enables them to maintain employment, pay fines and restitution and support their families.  The Probation Department will also monitor these individuals compliance with their conditions of release.  If the conditions are violated, the person is reported to the Court and will likely be returned to jail.  The Probation Department provides the following essential services:

  • Provides adult probation services for offenders charged with misdemeanors in the Jefferson County District Court and Port Townsend Municipal Court (pursuant to contract with the County).

  • Performs pre-sentence and post-sentence investigations to the Court with sentence recommendations.

  • Performs bail studies of potential high-risk offenders and recommends conditions of release.

  • Supervises probation conditions that hold offenders accountable and impact their behavior in the community; conditions include treatment for alcohol and drug abuse, domestic violence, mental health, sexual deviancy and restitution to victims.

  • Develops programs for offender rehabilitation and alternatives to incarceration.

The Probation Department is located in the Jefferson County Courthouse at:

1820 Jefferson Street
Port Townsend, Wa 98368

Tracie Bick Probation Administrator 360-385-9134
Tracy Lake Probation Officer 360-385-9211
Erin Kennedy Probation Assistant 360-385-9123

This office should not be confused with the Department of Corrections office that supervises offenders convicted of felonies in the Superior Court. 

If you have been placed on probation by the Court, the primary purpose is to ensure that you comply with Court orders.  Upon sentencing, your case is referred to the probation office.  At that time, the police report is ordered, a file is made and an appointment letter is sent to you along with a questionnaire which you need to fill out completely and bring to your first appointment.  At the time of your appointment, the probation officer assigned to your case will review your criminal history, obtain background information, review the incident and your court ordered requirements.  You will be meeting with your assigned  probation officer on a regular basis.  We believe in the team approach and work closely with treatment providers to ensure compliance with the Court's orders.  Generally, your requirements are to get an evaluation, follow all recommendations of that evaluation, have no new law violations, report to probation as directed and to pay your fees and fines in a timely manner. If you fail to comply with any of these conditions, the Probation Department will file a petition alleging a violation of the requirements which will result in your appearing in Court.  The Probation Department does not have to meet the same burden of proof that the prosecution did when you were initially charged.  Instead of proof beyond a reasonable doubt, all that need be presented is evidence that will reasonably satisfy the judge that you are in violation of your probation requirements.  Under the law, a person convicted of a crime does not enjoy the same level of rights as a person accused of a crime.  Failure to appear and provide adequate explanation to the Court for non-compliance can result in the imposition of a portion or all the suspended jail time on your original sentence. 

Information regarding some of the crimes which cause defendants to be placed on probation follows.

Assault in the fourth degree:
A conviction for this offense may require that you obtain an evaluation to determine the need for an anger management class.  The treatment provider will conduct an assessment to make the determination whether you enter a 12 or 20 week anger management class.  In addition, you will need to comply with the same general requirements for other offenders placed under probation supervision.


Assault in the fourth degree domestic violence:
Defendants who are convicted of domestic violence offenses are usually placed on supervised probation for two years. The Probation Department monitors the completion of court-ordered treatment programs or counseling. Defendants must report at least monthly, in person, to Probation until compliance with treatment is well established.

Many defendants are court-ordered to complete a one year specialized, State-certified domestic violence treatment program. Treatment programs are offered by different agencies but all have similar elements. The programs all begin with a thorough intake evaluation of the defendant, including contact between the treatment agency and the victim. The intake is followed by 26 weeks of weekly group meetings. The second six months of treatment consists of monthly group or individual meetings. Defendants must meet specified exit criteria before being discharged from treatment. Defendants must pay for treatment.  In addition to or instead of domestic violence treatment, the judge may order alcohol/drug counseling, parenting classes or sexual deviancy treatment.

Driving under the influence of intoxicating liquor and/or drugs:
Incarceration:
For a first offense, the judge has the power to impose up to one year in jail and a fine of $5,000.  In every case, no less than the mandatory minimum sentence must be imposed.  If the breath test is under .15%, one day in jail is required. If over .15%, two days in jail are required.  The judge has the power to require this jailtime to be served in your home by imposing "electronic home monitoring" (see EHM below) but if so, the length of detention will be fifteen times longer.  One day of "real" jail can be satisfied by serving no less than fifteen days on home detention and two days in jail can be served by no less than thirty days home detention.  Electronic home monitoring is not cheap, and you will be required to pay the cost of it.  Five years of probation may also be imposed along with a monthly "monitoring fee."

The penalties rise dramatically in the case of a subsequent conviction for DUI. For a second conviction within seven years, where the breath test was under .15%, thirty days in jail followed by sixty days electronic home detention is the minimum. If the breath test was .15% or higher, 45 days in jail followed by ninety days electronic home detention is the minimum.

Electronic Home Monitoring:
Electronic Home Detention (EHM) may be imposed at the judge's discretion upon a first conviction and is required upon a second or subsequent conviction.  EHM is a computerized box which is attached to your telephone and which "communicates" with an electronic ankle bracelet which you must wear.  The box may also have a breath testing device attached to it.  Your movements are monitored and if you walk beyond a prescribed distance, the computer calls the central monitoring computer and "reports" a violation.  In addition, you may be required, at any time, to provide a breath sample into the machine, if it is so equipped.  The cost of EHD will be borne by you.

Beyond Jail Time:
Washington's new DUI laws now prescribe ignition interlock and electronic home monitoring as additional sanctions for DUI drivers.  An ignition interlock device attaches a breath-alcohol analyzer to a vehicle's ignition system. All DUI offenders (except first-time offenders with a BAC below .15) are required to have an ignition interlock device on the cars they drive-even those who receive a deferred prosecution.  When the ignition interlock device is installed on a vehicle, the driver is required to blow into the device which reads the person's BAC level (as shown in the picture on the right).  If alcohol is detected, then the engine will not start. After starting the car, the driver is required to take the breath test every ten minutes while operating the vehicle. The device also keeps a record of every breath test result and generates a report that is sent to the courts.  The amount of time a DUI offender is required to have ignition interlock on his or her car varies according to previous offenses and restrictions.  The first-time offender with a BAC above .15 will be required to have ignition interlock for one year.  A second-time offender, who was previously restricted for one-year will be required to have ignition interlock for five years. A third-time offender who was previously restricted for five years will be required to have ignition interlock for no less than ten years.  The offender will be required to pay the cost of the ignition interlock rental which is about $2 a day.  In most cases, the court will require from 60 to 150 days of electronic home monitoring be added to the minimum sentence of repeat DUI offenders.  The number of days required will be determined by the offender's BAC level upon arrest and the offender's previous DUI conviction record.  The court may substitute 15 days of electronic home monitoring for the minimum one day in jail.  Offenders pay for electronic home monitoring.  Restrictions on alcohol consumption and requirements to take breath tests will be included in the conditions for home monitoring.

Deferred Prosecution:
If you are charged with a DUI and are either an alcoholic or drug addict, you have the option of asking the court to defer formal prosecution of the case for two years while you seek treatment at a state-certified treatment agency.  Deferred prosecution is a demanding task requiring absolute abstinence from alcohol and non-prescribed drugs and complete adherence to the program requirements.  In return, you do not suffer the usual consequences of a DUI conviction; jail, loss of license or high risk insurance.  A deferred prosecution is a privilege granted by the State Legislature.  You must obtain an alcohol/drug evaluation from a State-certified chemical dependency counselor which will indicate whether you are eligible for the program.  This program provides an opportunity to obtain treatment and have this charge removed from your criminal record.  As a condition of the deferral, you must successfully complete a two year treatment program.  All state-certified treatment agencies are required to follow essentially the same treatment program, so there is no such thing as finding an easy-versus-hard program.  The program itself is divided into three phases: the Intensive Phase, the Follow-up Phase and the Monitoring Phase.  The Intensive Phase is just that, requiring either inpatient hospitalization or outpatient treatment involving almost daily contact with the agency for three or four hours at a time for four to six weeks.  The program involves in-depth individual and group counseling, education, alcoholics anonymous meetings, lifestyle changes, etc. Phase two of the program (the Follow-up Phase) lessens the time demands, but still requires strict sobriety and complete compliance with the treatment requirements.  During Follow-up, you are required to attend at least two AA (or other recognized support group) meetings per week and meet with a counselor once a week.  In addition, you are required to submit to random urine or breath tests throughout the two year program upon the request of either by your counselor or probation officer.  Once phase two is completed, you move into the Monitoring Phase.  During these last 16 or 17 months, you must still attend at least two AA meetings per week and meet with your alcohol counselor at least once a month, who monitors your compliance with the program.  In addition, you may be required to meet regularly with your probation officer to confirm your compliance.  Upon successful completion of the treatment program, the treatment agency sends a discharge summary to the court, the Probation Department and your lawyer.  You are then eligible for a formal dismissal of the charge.

In addition to being in treatment, you are forbidden to drink any alcohol or even be in possession of it. You cannot be in bars, taverns or lounges or places where alcohol is the chief item of sale, even if you are not consuming alcohol. You will be required to not drive without a valid driver's license and insurance.  Installation of an ignition interlock device on all vehicles that you drive is also a typical requirement.  During the entire period of a deferred prosecution program, you will be required to report to the Probation Department and the Court.  You will be closely monitored for compliance with the treatment program and all Court orders.  If you comply with all of the Court's requirements over a five-year period, the DUI will be dismissed, however the deferred prosecution stays on your permanent record.  You will pay a fee at the rate of $50 per month for the first 24 months. This must be paid in full before the order of dismissal on the deferred prosecution is signed.

It is not an easy road to take, but is an appropriate alternative for alcoholics and drug addicts truly interested in confronting and dealing with their problem.  Deferred prosecution has many positive aspects, but is it important to consider several points.  First, you are only eligible if you agree that you are an alcoholic or drug addict.  Secondly, the court requires you to give up substantial rights in return for the deferral, including the right to trial and to contest the charges should any violation of the program occur during the two years.  In other words, should the court determine that you have failed to comply with any condition of the court's order, the Court will review the police reports of the incident to determine if you are guilty.  If you are found guilty, the matter will proceed directly to sentencing.  Thirdly, strict compliance with the treatment plan's terms is required, including total abstinence, random urinalysis or breath tests and attendance at all required meetings.  In addition, costs of the program can be substantial; an outpatient treatment program costs anywhere from $2,500 to $5,000.  Most group health insurance policies cover the bulk of the costs at approved treatment agencies, but individual policies may not. Deferred prosecution is often a very positive alternative for alcoholics and drug addicts facing a DUI charge.

The University of Washington Alcohol and Drug Abuse Institute has been conducting an ongoing study of the effects of the deferred prosecution policy on reducing re-offense. That study involves tracking the rate of recidivism for two groups over a four year period. The groups studied include individuals diagnosed as alcoholic and granted deferred prosecution, and those convicted of DUI and later assessed to be being alcoholic. One key finding to-date is that:

"Alcoholic convicted drivers were more than twice as likely as deferred drivers to recidivate within four years of disposition. More specifically, 48% of alcoholic convicted drivers, and 22% of the deferred drivers, recidivated within four years."

Recent changes in the deferred prosecution law limit deferred prosecution on a traffic offense to once in a person's lifetime, rather than once every five years, and lengthen the time that a person is required to comply with the court's conditions from two years to five.  The new laws also stipulate that a deferred prosecution stays on a person's permanent record.

The DUI Victims Panel:
The DUI Victims Panel is a very informative and powerful tool to make people think seriously about and be confronted by the actual consequences of Driving Under the Influence of Alcohol (DUI). District Court Judge David S. Admire and a citizen, Shirley Anderson, started the first DUI Victims Panel in Redmond, Washington. Judge Admire believed that the DUI offenders coming before him did not realize the seriousness of the possible consequences of drunk driving.  Shirley Anderson knew the worst possible consequences, her son having been killed by a drunk driver.  Together, they organized the first DUI Victims Panel. DUI offenders, and others, who may benefit, were required to attend as a condition of their sentence. The use of this program has spread across Washington State and the United States.  DUI Victim Panels are a powerful educational tool.  By personalizing for the offender the possible consequences of DUI, the offense and the penalties it carries are set in proper perspective.  In theory, DUI offenders who are confronted with this awesome information will form a lasting impression of the seriousness of the offense, and be less likely in the future to drink and drive.  Another interesting aspect of DUI Victim Panels is that they make one more aware of the different kinds of DUI victims.  Most of us mistakenly think of DUI victims as just those people who, through no fault of their own, are injured or killed in an accident caused by an impaired driver.  Certainly those people are victims, but there are at least two other common types of DUI victims: partial victims and self-victims.  "Partial DUI victims" are almost always passengers of impaired drivers.  They are partially responsible for their injuries because they chose to entrust their safety to a drunk driver.  "Self DUI victims", on the other hand, are DUI offenders.  Self-victims are entirely to blame for the injuries they and other people incur in a drunk driving accident.  Many self victims spend years in prison, live ruined lives plagued by disabling and humiliating injuries, and suffer permanent stigma and shame for having injured or killed someone else.  DUI victims of all types have immensely powerful stories to tell.  Do victim panels work? Do they reduce DUI rates and recidivism?  One study conducted in Clackamas County, Oregon, concluded that the creation of a victims impact panel program there reduced recidivism among first time offenders by almost forty percent!  Drunk drivers are naturally afraid that they might injure or kill someone, but tend to minimize the severity of impaired driving.  DUI Victims Panels powerfully convey the terrible risks of impaired driving. Education of this sort for DUI offenders is certain to lower DUI rates.

Community Service Work (CSW):
The adult Court often utilizes community service work as a condition of probation, and probation officers will sometimes recommend work service in lieu of, or in addition to, time in custody.  Jobs usually consist of unskilled labor directed to litter abatement, graffiti removal, weed control, janitorial tasks, etc. This is an option for the payment of some or all of your fees and fines.  You may work off fines at a specified rate of pay per hour.

This is upon recommendation of the probation officer and approved by the Court.  The Jefferson County court system includes a work crew.  Offenders from all courts may participate in the work crew at the Courtís discretion.

 

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