Probation Confidentiality

[thunderstrike78]

Briefly: I work for a men's home in California that has a large clientele of men who have criminal histories, many of whom are on probation or parole. It's not uncommon for some of these men to not have the name or contact information for their officers, so when that happens we call the office they were instructed to report to and ask someone to look them up and let us know which officer they're assigned to so we can work with them on making sure the probationer is in compliance with the terms of their probation. It usually isn't a problem.

Every once in a while, though, we run into a situation where the probation office refuses to give us any information about the individual's probation at all, including the name and contact information for his officer. In those cases, we're told all information has to be given directly from the officer to the resident, and then the resident can share whatever he chooses with us. When this happens, it's a little alarming for us because it obviously allows the resident to withhold information about criminal history, registration requirements, or terms of his probation that may be important for us to know. Why would a probation office withhold information so strictly from a recovery program the probationer is enrolled in and living at? Sometimes they give us a full face sheet, but other times they don't want to release anything at all, and it makes me suspicious that this individual may have a sex charge or something in their past that may prohibit them from being enrolled.

Any ideas?

 

[Just Blue]

Briefly: I work for a men's home in California that has a large clientele of men who have criminal histories, many of whom are on probation or parole. It's not uncommon for some of these men to not have the name or contact information for their officers, so when that happens we call the office they were instructed to report to and ask someone to look them up and let us know which officer they're assigned to so we can work with them on making sure the probationer is in compliance with the terms of their probation. It usually isn't a problem.

Every once in a while, though, we run into a situation where the probation office refuses to give us any information about the individual's probation at all, including the name and contact information for his officer. In those cases, we're told all information has to be given directly from the officer to the resident, and then the resident can share whatever he chooses with us. When this happens, it's a little alarming for us because it obviously allows the resident to withhold information about criminal history, registration requirements, or terms of his probation that may be important for us to know. Why would a probation office withhold information so strictly from a recovery program the probationer is enrolled in and living at? Sometimes they give us a full face sheet, but other times they don't want to release anything at all, and it makes me suspicious that this individual may have a sex charge or something in their past that may prohibit them from being enrolled.

Any ideas?

Is the "men's home" a half way house?

 

[PayrollHRGuy]

Why would a probation office withhold information so strictly from a recovery program the probationer is enrolled in and living at?

Because there is likely no law requiring them to not withhold the information from you.

You could easily make it a requirement to be in the home that the resident authorizes such contact and that the PO agrees to provide it.

 

[thunderstrike78]

Is the "men's home" a half way house?

Depends on your definition, I guess. We're more like the Salvation Army, where the guys live on the property and go through a study and works program, but they're not allowed (for the first year) to work at outside jobs. They're under 24 hour supervision, and we provide transportation to and from probation check-ins, court appearances, medical, etc.

 

[quincy]

Briefly: I work for a men's home in California that has a large clientele of men who have criminal histories, many of whom are on probation or parole. It's not uncommon for some of these men to not have the name or contact information for their officers, so when that happens we call the office they were instructed to report to and ask someone to look them up and let us know which officer they're assigned to so we can work with them on making sure the probationer is in compliance with the terms of their probation. It usually isn't a problem.

Every once in a while, though, we run into a situation where the probation office refuses to give us any information about the individual's probation at all, including the name and contact information for his officer. In those cases, we're told all information has to be given directly from the officer to the resident, and then the resident can share whatever he chooses with us. When this happens, it's a little alarming for us because it obviously allows the resident to withhold information about criminal history, registration requirements, or terms of his probation that may be important for us to know. Why would a probation office withhold information so strictly from a recovery program the probationer is enrolled in and living at? Sometimes they give us a full face sheet, but other times they don't want to release anything at all, and it makes me suspicious that this individual may have a sex charge or something in their past that may prohibit them from being enrolled.

Any ideas?

The probation officer should know the location of the offender and be in contact with the offender at his place of residence. The court also has the information on the offender if, for some odd reason, the probation officer has not been in contact with you when checking on the offender.

 

[thunderstrike78]

Because there is likely no law requiring them to not withhold the information from you.

You could easily make it a requirement to be in the home that the resident authorizes such contact and that the PO agrees to provide it.

I just don't understand why they would go so far as to withhold even the name of the probation officer. The issue right now is that I'm trying to send a letter to probation confirming someone's enrollment. The court instructed him, according to his lawyer, to provide that letter to probation. But they won't tell me who his officer is so I can address it to this person or confirm that they received it. That's what's so crazy about all this--I wasn't even asking for any information that should be confidential; I was just trying to do my due dilligence to make sure the letter gets to where it needs to go so this guy doesn't get violated. Now it's got me wondering what the hell else is going on that we aren't being told.

 

[PayrollHRGuy]

I'll bet his lawyer knows who is PO is along with contact info.

 

[quincy]

I just don't understand why they would go so far as to withhold even the name of the probation officer. The issue right now is that I'm trying to send a letter to probation confirming someone's enrollment. The court instructed him, according to his lawyer, to provide that letter to probation. But they won't tell me who his officer is so I can address it to this person or confirm that they received it. That's what's so crazy about all this--I wasn't even asking for any information that should be confidential; I was just trying to do my due dilligence to make sure the letter gets to where it needs to go so this guy doesn't get violated. Now it's got me wondering what the hell else is going on that we aren't being told.

You can get the information you want by having the offender ask his attorney to give it to you.

Or you could just send the letter to the probation office confirming the offender's enrollment.

How often does it actually happen that you do not know who an offender's probation officer is?

 

[thunderstrike78]

I'll bet his lawyer knows who is PO is along with contact info.

Nope. I would have thought so, too, but I called his lawyer before I called probation, thinking that I would send the letter to her. She said I needed to send it directly to probation, but she doesn't know who the agent is and she gave me the number to the office where he reports and told me to call and ask. That's what led to this whole thing in the first place.

Actually, I called the lawyer two days ago. She never returned my call, and when I finally talked to her today, she told me she called the resident's mother and talked to her, but no one ever let us know. Seems weird we're trying to help this guy and no one wants to talk to us.

 

[thunderstrike78]

You can get the information you want by having the offender ask his attorney to give it to you.

Or you could just send the letter to the probation office confirming the offender's enrollment.

How often does it actually happen that you do not know who an offender's probation officer is?

It's extremely rare, and I know of no one who has been here for any length of time where the probation officer hasn't been at least willing if not eager to work with us. Usually their being here is one of the terms of their probation, so they're really happy to have someone to help them make sure he's in compliance.

 

[Zigner]

I don't understand the difficulty with having the resident provide the information. Put the guy on the phone to authorize it.

 

[thunderstrike78]

I don't understand the difficulty with having the resident provide the information. Put the guy on the phone to authorize it.

He doesn't know who his PO is, either. Ultimately, we're going to have to bring him in here and get him to figure this out and authorize us to talk to him. It just involves pulling him off his work assignment and having him sit in the office and do it, which couldn't be done today. So far, the information he's given me to this point (to send the letter to his attorney, who told me she doesn't want it, and that he doesn't know who his probation officer is) has been less than helpful. But yes, in the past we've dismissed guys who have refused to allow us to talk to their probation officer, so we never actually found out if they had any charges that would prohibit them from being enrolled--the whole thing just ended when they refused. I was just trying to figure out for myself what might prevent probation from even giving us a name.

 

[quincy]

It's extremely rare, and I know of no one who has been here for any length of time where the probation officer hasn't been at least willing if not eager to work with us. Usually their being here is one of the terms of their probation, so they're really happy to have someone to help them make sure he's in compliance.

You could go in person to the probation office to get the information on those "rare" occasions when the offender does not know who his probation officer is and the probation office will not disclose this information over the phone.

This is all public information so I am not sure why the reluctance.

If you are worried about sex offender status, you can check this online. I believe in California the information is available at https://www.meganslaw.ca.gov/

 

[thunderstrike78]

This is all public information so I am not sure why the reluctance.

That's what puzzles me, too. As far as I know, criminal convictions are public record unless they've been sealed. I don't see why it would be a problem to find out who someone's probation officer is or even what their convictions were (though I wasn't even asking when I first called). If those convictions have been sealed, it makes me question why. To protect somebody? And that's what led me to thinking about sex offenses.

 

[quincy]

That's what puzzles me, too. As far as I know, criminal convictions are public record unless they've been sealed. I don't see why it would be a problem to find out who someone's probation officer is or even what their convictions were (though I wasn't even asking when I first called). If those convictions have been sealed, it makes me question why. To protect somebody? And that's what led me to thinking about sex offenses.

Well ... sex offender status is easily checked online. The criminal offenses are public record, often available online, as well.

The names of probation officers might not be disclosed over the phone if there is a concern for the safety of the probation officer. It should not be a problem to get this with an in-person visit.

But, again, the probation officer is tasked with supervising his probationer. The probation officer should be checking in with you.