By Kathleen Wilson
Ventura County Star
VENTURA, Calif. — Under a practice that may be unique in the state, hundreds of former state prisoners are waiving their rights to court hearings and agreeing to jail sentences levied by the Ventura County Probation Agency, not a judge.
Ventura County may be the only one of California’s 58 counties that allows probation officials to offer the deals as opposed to having these offenders go through the courts, officials said.
A top official in the Public Defender’s Office is seeking to stop the practice, arguing that the due-process rights of his client and many others are being violated.
In papers filed late last month, Chief Deputy Public Defender Michael McMahon sought a judge’s order to restrain probation officers from seeking out-of-court waivers. At a court hearing on the matter Friday, he withdrew the request but asked for other modifications scheduled to be heard Oct. 23.
County Probation Director Mark Varela said the waivers are allowed under a state law governing treatment of “post-release” offenders. After serving prison terms for lower-level felonies, these individuals are released to the supervision of county probation officers instead of state parole agents.
As a condition of their release, the offenders agree to certain terms, such as staying away from drugs and not possessing weapons. If they violate those terms and other sanctions such as community service fail, probation officers in consultation with supervisors recommend jail time. The sentences may last up to 90 days.
Of 1,486 offers made since 2012, 94 percent were accepted, court papers show.
“The vast majority know they have done something in violation of the conditions of release,” Varela said. “They accept it and spend time in custody and we start over again.”
McMahon argues for a two-step process with legal counsel before an individual can be given a jail sentence. There should be a preliminary hearing to determine whether there is probable cause before a revocation hearing is held, he said.
In remarks from the bench Friday, Superior Court Judge Brian Back said the issue is whether a petition containing the allegations must be filed with the court before probation officers can cut a deal.
County officials said Public Defender Steve Lipson agreed to the arrangement as general policy when the shift of state prisoners to counties started in 2011. Lipson did not return calls seeking comment, but McMahon denied any such blanket approval.
Probation officers consider the waivers a valuable, time-saving tool, said Don Douglass, president of the union that represents probation officers.
“It allows whatever sanctions there are to be swift and rehabilitation to be expedited,” he said.