FORT WORTH -- On a Monday morning in June, state District Judge Mollee Westfall called a group of probationers up to the bench and warned them things were about to change.
Some were on probation for burglary, robbery or assault.Others, for drug possession.But all had the same thing in common: They had repeatedly violated the rules and were walking a fine line between prison and the free world.So, whether they liked it or not, the group was told, they were being placed in Supervision With Intensive enForcemenT, or SWIFT -- a new program Westfall is piloting that uses swift and certain punishment to motivate noncompliant probationers to follow the rules.The concept is simple: Every time they mess up, they go to the county jail for a short stay. Lie or hide and their stay will be longer."Ladies and gentleman, you have been placed in this program because we believe that you can be successful on probation, rather than going to prison," Westfall sternly told the group, handpicked to be the program's first participants. "You have also been placed in this program because you have not been following the conditions of supervision, and your supervision officer thinks you are headed for probation revocation. ... This is not probation as usual."Westfall said she believes the program, which is modeled after a successful program in Hawaii, could eventually transform the way Tarrant County probationers are supervised and sanctioned."It will require more jail space in the short run, but in the long run -- if it works the way we expect it to and the way it did in Hawaii -- it will require less prison space, it will lead to less revocations, and it will pay us back tenfold any money that we put into it," she said.Finding the lineWhen she was a prosecutor, Westfall said, it was common for probationers to have their probation revoked and be sent to prison.But since she became a judge five years ago, she said, the trend has changed.Because the state gives additional funding to probation departments that use "progressive sanctions" -- verbal reprimands, increased reporting, community service -- probationers often get more chances before they're revoked.In 2005, for example, Tarrant County had 1,733 probation revocations, but only 1,479 last year, according to statistics from the Texas Department of Criminal Justice.Probationers, Westfall said, have figured out just how far to push the system without any "real consequences.""Probationers talk," Westfall said. "They have a really good grapevine. They know, generally, how to play it right up to the line -- how many nonreports and failed drug tests they can get away with before something happens to them."She compares the SWIFT concept to child rearing."If your children thought they could get away with three or four things before they got punished, then they would do three or four things every time just to see where the line was. ... People who are on probation also try and see where the line is. But if you say, 'The line is every time you violate a condition,' then you can change their behavior."On this day, Westfall tells the group they must call a drug hotline before 9 a.m. each weekday morning to find out whether they must take a drug test that day. If they miss a drug test, she will immediately issue an arrest warrant. If they test positive, they must appear the next day in her court, where they will get a short jail term, probably two or three days."It will be better for you to show up at the court hearing," Westfall told them. "You will go to jail, but not for as long as you will when we find you and arrest you."She warned them not to hide or run away and said that, if short jail stays don't get their attention, then there was only one other alternative."The place for you is prison," she said.Doing more with lessWestfall said she jumped at the chance to help implement the program after Leighton Iles, director of Tarrant County's Supervision and Corrections Department, arranged for Angela Hawken, an assistant professor of economics and policy analysis at Pepperdine University, to come talk to the judges about Hawaii's HOPE program."I was very taken with it," Westfall said. "It's all upside and no downside, as far as I can see."Hawken and Mark Kleiman, a professor of public policy at UCLA, researched and evaluated HOPE and found that probationers in the program were less likely to commit new crimes, fail drug tests, miss probation appointments and have their probation revoked."The current system fails because it lacks credibility," Hawken said. "Probationers are given a long list of probation conditions that they are told to comply with. But these are rarely monitored and even if violations are detected, punishment is usually inconsistent and delayed. Probationers learn that they can get away with violating the rules."When punishments are meted out they are usually too severe. We've now learned that small doses of punishment, meted out for every violation, is much more effective than sporadically lowering the boom."Iles said people often question why Tarrant County would implement a program aimed at keeping problematic probation violators out of prison."Our prison system is at capacity," explained Isles. "There is no room at the inn. If you want the rapists and the robbers and the murderers to stay locked up, we can't put in our one-time drug possessor who has tested positive one time. We have to be more effective."Tarrant County's Supervision and Corrections Department has applied for an $850,000 federal grant from the Justice Department, which is awarding four such grants to replicate Hawaii's program. If Tarrant County receives the grant, 400 probationers will be assigned to the program.But for now, Westfall said, they will sign up as many probationers as they can -- around 10 a month -- and use available resources and volunteer staff."It is a 100 percent unfunded program," Westfall said. "Right now, it is being run by people who are doing more with less."On this morning, law enforcement officers from various agencies filled the gallery in her courtroom, watching intently as Westfall continued telling SWIFT's first eight probationers -- five of whom did not show up and had warrants issued for their arrest -- what to expect."Look behind you," Westfall told them. "These fine men and woman have agreed to make any SWIFT court warrants their top priority. If you violate and choose not to come to court, they will come and find you. On the other hand, if you choose to follow the rules, you can remain free in the community."It's been three weeks since Westfall first brought the probationers before her and warned them there would be swift consequences for any misstep.Apparently, most didn't take her seriously.Of the 13 in the program, Westfall said she has put seven in jail for various violations and two have warrants out for their arrest. Four have been compliant."These are people who are hovering around the edge of failure and don't have their head around what they are supposed to be doing on probation," she said. "Almost all of them tested the boundaries."But I think every one believes me now."Melody McDonald, 817-390-7386Have more to add? News tip? Tell us
