06-20-2006, 12:58 PM
http://www.southernillinoisan.com/artic ... 692668.txt (http://www.southernillinoisan.com/articles/2006/06/20/top/16692668.txt)
Mallory not alone in violating probation
by ashley wiehle, the southern
When former Johnston City firefighter and convicted sex offender Davis "Skip" Mallory was found guilty of violating his probation last week, he became part of a staggering statistic.
National statistics show that nearly half of the country's probationary participants fail to comply with the terms of their probation.
However, that number plummets significantly when drug court becomes a factor in the probation, said Jeff Watkins, regional director of the eastern region of the First Judicial Circuit probation.
In fact, the national average recidivism for drug court participants is between 4 and 29 percent, compared to 48 percent of those who do not participate in drug court. Currently, drug court is offered locally only in Saline County.
A major difference in the percentage is due to the point of communication, Watkins said.
"The main difference in what they've shown is that the judge stays involved in the case in drug court," Watkins said. "That's one of the main reasons they have a better success rate. In regular probation, he (the client) reports to our office. He never sees the judge again before he comes back to the courtroom.
"In drug court, they're seeing a person in a position of authority who actually takes an interest in them," Watkins said.
For counties without a drug court, the point of contact is the probation officer. The probation officer has regular contact with the client, and monitors the client to ensure that he or she is abiding by the terms of probation.
"In Williamson County, once the probation officer is aware that there's some kind of violation, they have to gather proof of that," Watkins said. "They would send the violation of probation notice to the state's attorney's office. Once they receive it, it's up to them whether they want to a file a petition to revoke their probation. Most of the time, they do."
Watkins said Mallory has been the first in his memory to be arrested for violating the clause of his probation that stipulates where sex offenders may be present. Mallory was arrested after a tip from Johnston City residents, who reported seeing Mallory in the city's baseball park on several occasions despite terms of his probation that would prohibit Mallory's presence in the park.
Judge Ronald Eckiss determined Thursday that Mallory had violated the terms of his probation. Brian Lewis, defense attorney for Mallory, argued that the Mallory's violation had been "technical" and had not been a malicious violation.
"Our whole point is, it's not like he was doing something to put anyone at risk," Lewis said. "The purpose of those restrictions is to protect the public, and I think it's difficult to state the public was in any way at risk by what he did. One of the telling points was the coach looked up, saw Skip Mallory in the park and went back to practicing with his kids (according to testimony on Thursday). None of them felt like anyone was in danger."
Assistant State's Attorney Lisa Hutchens Irvin said a violation is just that - period. When observing an offender who is on probation, the prosecution does not see shades of gray: Terms of probation must be followed to the letter.
"We monitor our probation very, very closely," Irvin said. "Phyllis Noel (Mallory's probation officer) does an excellent job and she's usually the one they have as their probation officer. She works with me well, and she calls and lets me know if there are any problems or any clarifications. If they violate it, I will file a petition to revoke it."
Lewis also said he believes that the stipulation of avoiding any place where children may be present is too broad a term for Mallory's probation.
"Children are anywhere," Lewis said. "If that language is in there, he or anyone else would have to get 24-hour notice permission from their probation officer before they step foot out of their house. You could argue that someone had violated that if they stopped by Huck's for gasoline. They couldn't go to the doctor's office, couldn't go to the grocery store. Children could be present anywhere."
Irvin said the idea behind the probation language is to keep sexual offenders away from areas that are intended for children.
"It's any place that caters to children," Irvin said. "A day care - why would he need to be there? A park - a park is where children go to play. A baseball field - most of those are kids. It's something that the legislators determine. Those are places where sex offenders don't need to be. It's not as broad as he's trying to make."
Ultimately, fulfilling the terms of probation comes down to the individual, Watkins said. If a person genuinely wants to satisfy the terms of his probation, he or she will make efforts to do so.
"We're just doing the best we can," Watkins said. "There is no guarantee if they are put on probation (that they will comply with the terms)."
ashley.wiehle@thesouthern.com
(618) 997-3356 ext. 5807
Mallory not alone in violating probation
by ashley wiehle, the southern
When former Johnston City firefighter and convicted sex offender Davis "Skip" Mallory was found guilty of violating his probation last week, he became part of a staggering statistic.
National statistics show that nearly half of the country's probationary participants fail to comply with the terms of their probation.
However, that number plummets significantly when drug court becomes a factor in the probation, said Jeff Watkins, regional director of the eastern region of the First Judicial Circuit probation.
In fact, the national average recidivism for drug court participants is between 4 and 29 percent, compared to 48 percent of those who do not participate in drug court. Currently, drug court is offered locally only in Saline County.
A major difference in the percentage is due to the point of communication, Watkins said.
"The main difference in what they've shown is that the judge stays involved in the case in drug court," Watkins said. "That's one of the main reasons they have a better success rate. In regular probation, he (the client) reports to our office. He never sees the judge again before he comes back to the courtroom.
"In drug court, they're seeing a person in a position of authority who actually takes an interest in them," Watkins said.
For counties without a drug court, the point of contact is the probation officer. The probation officer has regular contact with the client, and monitors the client to ensure that he or she is abiding by the terms of probation.
"In Williamson County, once the probation officer is aware that there's some kind of violation, they have to gather proof of that," Watkins said. "They would send the violation of probation notice to the state's attorney's office. Once they receive it, it's up to them whether they want to a file a petition to revoke their probation. Most of the time, they do."
Watkins said Mallory has been the first in his memory to be arrested for violating the clause of his probation that stipulates where sex offenders may be present. Mallory was arrested after a tip from Johnston City residents, who reported seeing Mallory in the city's baseball park on several occasions despite terms of his probation that would prohibit Mallory's presence in the park.
Judge Ronald Eckiss determined Thursday that Mallory had violated the terms of his probation. Brian Lewis, defense attorney for Mallory, argued that the Mallory's violation had been "technical" and had not been a malicious violation.
"Our whole point is, it's not like he was doing something to put anyone at risk," Lewis said. "The purpose of those restrictions is to protect the public, and I think it's difficult to state the public was in any way at risk by what he did. One of the telling points was the coach looked up, saw Skip Mallory in the park and went back to practicing with his kids (according to testimony on Thursday). None of them felt like anyone was in danger."
Assistant State's Attorney Lisa Hutchens Irvin said a violation is just that - period. When observing an offender who is on probation, the prosecution does not see shades of gray: Terms of probation must be followed to the letter.
"We monitor our probation very, very closely," Irvin said. "Phyllis Noel (Mallory's probation officer) does an excellent job and she's usually the one they have as their probation officer. She works with me well, and she calls and lets me know if there are any problems or any clarifications. If they violate it, I will file a petition to revoke it."
Lewis also said he believes that the stipulation of avoiding any place where children may be present is too broad a term for Mallory's probation.
"Children are anywhere," Lewis said. "If that language is in there, he or anyone else would have to get 24-hour notice permission from their probation officer before they step foot out of their house. You could argue that someone had violated that if they stopped by Huck's for gasoline. They couldn't go to the doctor's office, couldn't go to the grocery store. Children could be present anywhere."
Irvin said the idea behind the probation language is to keep sexual offenders away from areas that are intended for children.
"It's any place that caters to children," Irvin said. "A day care - why would he need to be there? A park - a park is where children go to play. A baseball field - most of those are kids. It's something that the legislators determine. Those are places where sex offenders don't need to be. It's not as broad as he's trying to make."
Ultimately, fulfilling the terms of probation comes down to the individual, Watkins said. If a person genuinely wants to satisfy the terms of his probation, he or she will make efforts to do so.
"We're just doing the best we can," Watkins said. "There is no guarantee if they are put on probation (that they will comply with the terms)."
ashley.wiehle@thesouthern.com
(618) 997-3356 ext. 5807