Felons here skip lots of jail time

LAKE COUNTY – The judicial process allows most Lake County felons the opportunity to skip a lot of jail time and return to the streets much sooner than their sentence prescribed.

And it is the job of Montana Probation and Parole Bureau employees to apply the rules and keep their clients on track, said State Probation and Parole officer Lori Thibodeau.

A probation officer’s challenge, however, is a heavy workload.

Probation officers understand their massive responsibility to protect the public and help convicts re-integrate into the community, Thibodeau said.

Thibodeau, who is based in Polson, monitors 80 Lake County felons simultaneously and said one of the smartest things community members can do to help convict re-assimilation and protect themselves is to call authorities if they suspect something is wrong.

“People need to know who their neighbors are. And if they know their neighbor is on probation and thinks they might be doing something wrong, they need to call us and let us know,” Thibodeau said.

Statewide, the Montana probation system employs 220 staff members to supervise about 8,400 offenders, about two-thirds of the department’s total population, according to the Montana government website.

Of that staff, roughly 180 are probation and parole officers and supervisors, according to the Montana Department of Corrections website. Another 10 are probation officer support staff and the remainder serve in administrative roles.

Each probation officer carries about 77 cases and is responsible for several types of offenders.

The system is set up to re-habilitate convicts by treating addiction and re-educating bad behavior in a controlled, cost-effective environment.

Officials estimate it costs about $4.62 daily for probationary and paroled convicts, compared to $100 daily for prison.  

About 1,200 inmates walk out of the gates of Montana prisons each year, usually making their way back to the communities they left when sentenced, a 2013 DOC Biennial report said. How well-prepared they are to successfully return to society determines their ability to lead productive, law-abiding lives, create no new victims and not rebound into the corrections system.

“In the past two years, the Montana Department of Corrections launched a concerted effort to improve and expand programs and services designed to give offenders greater chances for success when no longer in prison,” the report said.

In December 2003, Lake County felon Aaron Stevens, 42, accepted a plea deal for two counts of felony assault with a weapon and was sentenced to 10 years in Montana State Prison with all time suspended except 206 days, Lake County court records said. His sentence required Stevens to register on Montana’s Sexual and Violent Offenders Registry for 10 years as well.

Stevens went through the Montana Department of Corrections system, attended and graduated from various rehabilitation programs and was successfully placed in the community a few years after his conviction.

 But during the 11 years since his original conviction, Stevens had his probation revoked twice and was sitting in Cascade County Jail this November looking at his third parole violation, court records said.

Probation officers were tipped off to Stevens’ ongoing parole violations by a community member who called his parole officer.

“The probation officer knew Stevens was sanctioned against alcohol and that he is a registered violent offender,” court records said.

Though the probation officer had Stevens arrested shortly thereafter, he would not have known if someone did not alert him to the problem.

“(Stevens) struggled with his adjustment to supervision,” Stevens’ probation officer wrote in his Lake County “petition to revoke” Stevens’ parole. “Since his sentence was revoked in 2008 (Stevens) has had placements at Connections Corrections, START and the Helena Pre-release Center. (Stevens) is having extreme issues in controlling his alcohol consumption which could cause him to become a danger to himself or others.”

During the spring of 2004 (District Court Judge) C. B. Mcneil revoked Stevens parole and re-sentenced him to 10 years in the Department of Corrections, with five years suspended, Lake County court records said.

Earlier this year, Great Falls Police Department members encountered an intoxicated Stevens. For that violation, Stevens’ parole was not revoked. He was held in Cascade County Jail on a 72-hour probationary hold, went through an intervention hearing, received 180-day jail sanction and ordered into a 180-day intensive supervision program.  

One month before Stevens’ spring probation hiccup, Lake County court officials received a request from Stevens requesting to be removed from the Sexual and Violent Offenders registry, claiming the mandated registry kept him from employment and that he served his required 10 years of registering.

Though court records show the appropriate paperwork was sent to the Lake County Prosecuting Attorney’s office twice, no action was taken to dispute or agree with Stevens’ request, court records said.

In April of 2014, District Court Judge James A. Manley sent a missive to the prosecuting attorney’s  office.

The letter reads in part...”In march of 2014 (Stevens) filed a petition to be removed from the registry. The clerk sent a copy to the Lake County Attorney the same date. On On On March 13 the court issued an order directing another copy of the petition to be sent to the Lake county attorney and lake County Adult Probation.

No response was filed.The court doesn’t know if they didn’t get the file because of incompetence or no objection from County Attorney. If the court doesn’t hear back from the County Attorney, they have to assume no objection and take him off the registry. Since more than 10 years have elapse since conviction and cites that petition must be granted.”

In his letter Manly reminded the County Attorney’s office that Stevens probation was revoked twice and the “statute is not clear as to when the 10 years begins and expires. When (Stevens) is not sentenced to confinement at the time of sentencing but then is revoked and sentenced to confinement during the 10 years following sentencing.  There is no appellate case on this point.”

“Given multiple revocations, the incarceration release less than 10 years before filing the petition and the questions regarding mental health of (Stevens) at the time of the incident, the public is best served and protected by interpreting the statute to require registration for a period of 10 years beginning on the date of (Stevens) release from confinement following his 2008 commitment.

The Lake County Attorney’s Office filed a petition to revoke Stevens’ parole in early November and he was arrested in Cascade County Nov. 12. The SVOR question has not yet been resolved, court records said.

In the case of a convict who is doing well in the rehabilitation process, treatment and supervised release works well.

Thibodeau said that after one third of a persons sentence is served, if he is eligible and has been well behaved; he or she did all the things required and has a good place to live, (he or she) can be granted parole.

Convicts can also earn a deferred sentence.

“All that means is that if (a convict) gets probation and through that (time period) without trouble, he has the chance to have those charges dismissed. But he’s still a felon for the remainder of his deferred sentence,” she said.

If a person on probation violates the conditions he agreed to, his dismissal is revoked and he is sent back to prison to serve the remainder of the his original sentence.

The best thing citizens can do is be aware of their surroundings and familiar with “Conweb,” a website the has information about convicts as well as a Sexual and Violent Offender registry that is updated regularly and can be searched for free.

As of Nov. 30, Lake County is home to 167 registered sexual or violent offenders.

“As many eyes and ears as the public has, they should know who their neighbors are,” she said. “They should be looking. If your neighbors having a problem and (Conweb) shows they are on active supervision, they need to let us know.”

If its a new crime, Thibodeau said citizens need to call the cops.

“If you live across the street, you need to know if there are cars coming in and out. If they are not on probation, we have a drug task force in this town. Call the Sheriff and ask for the drug task force. Call 911 and ask to speak to a deputy. Make a phone call.”

To visit conweb to to: https://app.mt.gov/conweb/. To see the Sexual or Violent offenders registry visit: https://app.doj.mt.gov/apps/svow/search.aspx.