By James Mayse
Messenger-Inquirer
OWENSBORO, Ky. — A bill filed for consideration in next year’s state General Assembly session would, if passed, place a cap on the number of cases that can be handled by probation officers.
The bill was filed by Rep. Rick Nelson, a Harlan Democrat. The bill limits the number of cases that employees of the state office of Probation and Parole could carry to a maximum of 50 cases — a number well below the current state average.
Nelson said he became interested in placing limits on probation officers’ caseloads after the passage of House Bill 463 in 2011. The bill, which was created with the goal of reducing the state’s prison population by sending people with substance abuse problems to treatment rather than jail, also has a “presumptive probation” clause, where a defendant before court on a drug charge is assumed to be a candidate for probation unless the judge has good
reason to have the person jailed.
“Two years ago, we passed (HB 463), and that put a lot more nonviolent (offenders) out on the street,” Nelson said. “I have talked to Probation and Parole, and some of those (officers) are supervising 75 parolees.”
According to information provided by the state Department of Corrections, there are 613 sworn probation officers in Kentucky. Of the 552 officers who supervise cases, 386 officers handle “regular” cases — which include people on probation or parole for drug charges — while 186 officers handle special cases, such as defendants on parole for sexual offenses.
The probation officers handling “regular” cases supervise 31,116 people, for an average caseload of 84.78 cases per officer, according to DOC statistics.
Lisa Lamb, director for communications for the Department of Corrections, said the office of Probation and Parole has added probation officers since the passage of HB 463. At the time HB 463 was passed, officials said more probation officers would be needed to supervise people who qualify for “presumptive probation.”
Nelson said, even if the number of cases a probation officer can take is capped at 50 cases, “that’s still quite a few.”
“I want to get some dialogue started,” Nelson said. “A lot of times, (courts) let someone out, and they’re on a five-year probation or a four-year probation.” The goal of the bill is to “make sure the people we let out are for good behavior have proper supervision,” Nelson said.
“Of course, it’s going to take money” to hire additional probation officers to bring caseloads to 50 cases per officer, Nelson said.
Some of the money saved by housing fewer inmates in prison could be used to hire more probation officers, Nelson said. Savings from HB 463 are also to be funneled into creating more substance abuse treatment programs.
Nelson said he plans to file a similar bill in the near future that would cap the number of cases that can be handled by public defenders.
“They have a caseload of 60 to 70 (cases) apiece,” Nelson said.
The American Bar Association recommends public defenders handle no more than 150 felony cases, or 400 misdemeanor cases, or 200 juvenile cases each year — and in 2005, the state Department of Public Advocacy recommended no public defender handle more than 400 cases of any kind in a year.
According to DPA’s 2012 report, the average public defender in Kentucky was assigned to 107 new felony cases, 301 new misdemeanor cases and new 66 juvenile cases, for a total of 474 new cases. In addition, each public defender had an average of 83 cases carried over from 2011 and 23 cases that were assigned to him or her from another attorney.
Every public defender regional office in Kentucky has caseloads that exceed the ABA guidelines, the DPA annual report says.
Nelson said he would use the ABA recommended caseload guidelines when crafting the public defender bill.
“I’m hoping to file that in the next couple of weeks,” he said.