The Clinton County Probation Department’s Community Service Program is funded in part by the New York State Division of Probation & Correctional Alternatives and Clinton County, to provide a program for which judges, who sentence defendants to community service hours, can refer them for worksite assignment and completion of community service hours.  Community Service Standards promulgated by the New York State Division of Probation & Correctional Alternatives is used along with suggestions from the local Alternatives To Incarceration (ATI) Advisory Board.  The program is designed to give Courts the option of sentencing defendants to perform community service work in lieu of incarceration.

A Court may impose a number of community service hours under the conditions of a Conditional Discharge or an Order of Probation, upon conviction of a violation, misdemeanor, Class D or E Felony, or Youthful Offender adjudication.

Community Service participants are placed at worksites to provide needed work for non-profit and municipal agencies.  Worksites utilize community service participants to do work that they could not otherwise afford.  In no case does a community service worker replace a paid employee.

The Community Service Program provides a worksite for the defendant to perform his/her hours of community service, monitor his/her progress, and reports to the Project Counselor who then provides the information to the sentencing Court.  The community agency does not have jurisdiction over the defendant as this remains with the sentencing Court.

In addition to those defendants excluded by law, there will often be defendants who may be inappropriate for community service work.  These may include:

1.

Defendants impaired by physical, mental, emotional, alcohol, or drug-related disabilities.

2.

Defendants convicted of certain types of violent crimes or sexual offenses, or those in possession of a weapon during the commission of a crime.

3.

Defendants who may constitute a danger to themselves or to the community.

A defendant should consider a community service sentence as a privilege offered as an alternative to incarceration.  In order to remain eligible for participation in the program, the defendant must take responsibility to complete his/her assignment as directed and in an acceptable manner. Failure of the defendant to perform community service work in an acceptable manner will require prompt notification to the sentencing Court.  At this point if the defendant is found guilty of a violation of a Conditional Discharge or probation, the Court can re-sentence the participant on the original conviction charge.

The Clinton County Probation Department’s Pre-Trial Release Program is funded in part by the New York State Division of Probation & Correctional Alternatives and Clinton County to provide judges with an alternative to the use of monetary bail or other forms of financial surety to ensure a particular defendant’s appearance in Court after arrest and arraignment.  Our program is consistent with the laws of New York State and the Pre-Trial Release Services Standards promulgated by the New York State Division of Probation & Correctional Alternatives.  This program is managed through the Clinton County Department of Probation/ATI in conjunction with the Clinton County ATI Advisory Board.

Each workday a Court Referral Specialist checks with the Clinton County Jail to determine whether any persons admitted to the jail may be eligible for the Pre-Trial Release Program.  The following locally established criteria  may exclude individuals from the interview process:

1.

Persons charged with a Class A Felony or a violent felony offense as specified in Section 70.02 of the Penal Law.

2.

Persons who are not residents of Clinton County.

3.

Persons held for other jurisdictions.

4.

Persons charged with probation or parole violations.

5.

Persons with two or more felony convictions in the last ten years.

Persons not excluded by the above criteria are interviewed to determine their length of residence in Clinton County, family situation, employment status and/or school attendance, prior legal record (including Youthful Offender adjudication), etc.  Information obtained in the interview is verified by the Court Referral Specialist by contacting the offender’s family and references in the community. A point system is implemented to rate the offender’s eligibility for the program. Pre-Trial reports are then submitted to the appropriate Court with release recommendations if appropriate.  The Court Referral Specialist also frequently attends local Courts in person to conduct interviews and make release recommendations directly at Court.

Defendants released under supervision in the program report to the Court Referral Specialist by telephone and in person.  The reporting schedule is geared to the individual and the severity of the pending charges.  The Court can also stipulate other release conditions to include abstinence from alcohol/illegal drugs, alcohol/drug testing, curfew, various treatment requirements, etc.

If the defendant released under supervision of the program is re-arrested or fails to abide by any of the other conditions of Pre-Trial Release, the Court Referral Specialist notifies the Court of the defendant’s non-compliance in the form of a violation petition.  At this point, the Court may order a bench warrant and place the defendant in the Clinton County Jail or place bail on the offender until the case is disposed of by the Court.