MOUNT VERNON — At least 2,100 Knox County residents are on some type of probation, parole or community control sanctions, according to statistics obtained from local authorities.
All 2,100 of those residents could potentially be arrested and held without bail for up to seven days without any charges being filed against them.
Whether that happens may depend on the court in which the person was sentenced.
Over 1,800 of the probation and community control cases in Knox County originate in municipal court. According to Kathy Savage, head of the municipal court probation department, over 350 of those on parole are required to report to a probation officer at least once a month. Municipal Court has three probation officers to handle the work load.
A probationer or parolee who violates the terms of his community sanction can be subject to different penalties. Lisa Lyons, a probation officer for Knox County Common Pleas Court, said violators are subject to increased drug and alcohol counseling, community service, an increase in scheduled reporting times, or, ultimately, probation or parole revocation.
Another penalty which can be imposed is a probation “holder.” Under a probation holder, which is issued by a supervising officer, the probation violator can be held in jail for up to five working days, without bail or charges filed. According to police records, over 190 probationers in Knox County were arrested on a probation holder in 2007 and held without the possibility for bail.
The five days in jail cannot be contested. Should the probation be revoked and the jail sentence imposed, the offender will be given credit for any time served under the probation holder.
- Probation is a period of correctional supervision in lieu of being in jail. Those on probation can be required to report to a probation officer once a month, or as often as every day.
- Community control, in the Knox County Municipal Court system, is a form of probation, but the person does not have to report to a probation officer.
- Parole is a community sanction imposed on an individual after the individual is released from prison.
In Municipal Court, a first-time OVI offender may receive five years of community control, in addition to any fines or jail times. Any violation of the terms of the community control, at any point over the next five years, could potentially land the offender up to five days in jail without bail, without being charged with a crime and without a trial.
There are no provisions in Ohio law authorizing these detentions.
According to the Ohio Revised Code, after an arrest, a probation officer or police officer “promptly shall bring the person who was arrested before the judge or magistrate before whom the cause was pending.”
According to Common Pleas Court officials, the five day “holder” is rarely used in their jurisdiction. Lyons said that when a felony probationer is arrested for a suspected probation violation, the offender is brought before the judge “as soon as possible.” Although the suspect is held without bail, prosecutors immediately draft charges and the suspect is offered a hearing to contest the accusations.
“Ninety-nine percent of the times we arrest someone for a suspected probation violation, we hold a hearing to revoke their probation,” said Lyons.
Municipal court records paint a different picture. According to Municipal Court Clerk Judy Smith, there are no records of anyone having a hearing to contest their arrest. In a review of court records between June 5, 2007, and Feb. 4, 2008, there are no records of probation revocation hearings being offered in municipal court.
In Ohio, a probationer is not protected by the Constitution against unreasonable searches or seizures. At any time, regardless of the reason, a probation officer has the right to enter a probationer’s house and conduct a search without a warrant.
Court records show a typical municipal court sentence for someone between the ages of 18 and 20 who is convicted for the first time of drinking alcohol, is five years of community control. During that time, should officers enter the probationer’s house and demand a breathalyzer test, the probationer must comply. If the probationer refuses, he or she or could be held in jail for up to five working days, possibly without ever seeing the judge.
In municipal cases, a police officer who suspects a probationer has violated the terms of his control can call a probation officer and request a “holder” be authorized. Police can then arrest the person, and he or she can be held without the opportunity for bail; nor do formal charges have to be filed. There are no records of how many probationers have been sent to jail without having been charged with a crime.
Several Ohio judges have ruled as unconstitutional the practice of holding people in jail without filing charges. Contrary to popular belief, according to Ohio law, police do not have the right to hold someone in jail for 48 or 72 hours before filing charges against them.
In Montgomery County, an appellate judge adopted a 12-hour rule, subject to the facts and circumstances of each particular case.
“Every suspect arrested without a warrant and without charges having first been filed against him had to, within 12 hours after the arrest, be either formally charged, brought for an initial appearance, or be given the opportunity to have bail set,” the judge said.
Ohio law states that an officer making any arrest “shall, without unnecessary delay, take such person before the court or magistrate having jurisdiction of the offense.”
According to the Department of Justice, statewide there are an estimated 243,000 adults on probation as of December 2007. Ohio has the fifth-highest probation population in the country, behind Texas, Georgia, California and Florida, respectively.
In Knox County, the 2,100 residents on probation equates to roughly one out of every 20 residents over the age of 18, based on recent population estimates.
