From the Raleigh News and Observer (12/13/08): If you read "Losing Track," our report on North Carolina's crippled probation system, you know that the state isn't keeping up with probationers as it should.
You know that the state can’t locate nearly 14,000 convicted criminals.
You know that since the start of 2000 in North Carolina, 580 people have been convicted of killing while under the watch of probation officers.
Here’s what’s really scary: We don’t know how bad — and how dangerous — our probation system is. That’s because the state won’t release reports that would tell us.
When a probationer is accused of murder, sexual assault, robbery, arson or another serious crime, a summary of his case is required to be sent to top administrators. The N&O reviewed nearly 2,200 serious crime reports filed since January 2003.
Probation managers must review each case and submit a second report detailing the crime. That follow-up report evaluates whether the officer and supervisor met standards for performing curfew checks, drug screens, home visits, office visits and arrest-record checks.
Correction officials declined to let The N&O review the probation files, which are not public records but can be released under the law by the secretary of correction, Theodis Beck.
They did provide follow-up reports on 24 cases. Those reports reveal a pattern of breakdowns and failures. Probation officers failed basic tasks, such as filing arrest warrants. Some probationers were ignored for more than a year.
Two areas of law keep these reports from becoming public:
1. PROBATION LAW. The offender needs to be able to be candid with his probation officer and give details about his mental health, possible drug use and other behavior.
But that’s not what we’re after; we want to know how well the probationer was supervised by the state. “This is a law that shields offenders but has the unintended consequence of shielding public employees,” said The N&O’s Joe Neff, one of the reporters on the series.
2. PERSONNEL LAW. One might argue that these are personnel records because they evaluate the performance of the probation officer. But these reports are not in the employee’s personnel file and can be viewed by any of the thousands of state employees with access to the Department of Correction’s computer system.
Even if they are considered personnel records, Neff notes that the correction secretary can release them if the integrity of the department is at stake.
After our report, I’d say the integrity of the department is at stake, wouldn’t you?
Public safety also is at stake. Since the start of 2000, probationers under the state’s watch have accounted for 17 percent of all convictions for intentional killings in North Carolina.
The citizens of North Carolina, who pay for the probation system with their taxes, have a right to know if it is protecting them.
Secretary Beck and his boss, Gov. Mike Easley, should release the follow-up reports, as the law allows, to show whether the probationer received adequate supervision. If they do, we will write about the reports.
We’ve presented plenty of evidence to show that our probation system isn’t working as it should. It’s not going to get fixed by covering up the problems.