Eastern Hampshire Division of the District Court Department-Review of Probation Supervision Fees: Transactions and Monitoring of Fulfillment by Probationers
January 29, 2016 · Eastern Hampshire Division of the District Court Department · Read the full official report (PDF) ↗
Published January 29, 2016 Audit covers July 1, 2012 – December 31, 2013 Under Suzanne M. Bump · 2011–2023
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“The court does not always waive monthly probation supervision fees as required or effectively track community service.”
Read the plain-English breakdown
This is a Massachusetts State Auditor report about how the Eastern Hampshire District Court handled probation supervision fees and related community service from July 1, 2012 through December 31, 2013.
“This report presents the results of our audit testing at EHDC specifically.”
The Auditor reviewed whether courts were properly assessing, recording, collecting, waiving, and monitoring monthly probation supervision fees.
“Our overall audit of the Trial Court’s administration of PSFs (Report No. 2014-5160-3J) included audit testing at 16 district-court locations, including EHDC, to assess the process the Trial Court has established for PSFs, determine whether PSF-related transactions were properly documented in court records, and determine whether probationers were adequately monitored to ensure that they were fulfilling the PSF requirement.”
The issue matters because probation fees are required by law unless properly waived, and mistakes can mean the state loses money or probationers are treated inconsistently.
“As a result, the Commonwealth may be forgoing PSFs that probationers would have been able to pay.”
For residents, this report is about whether a local court followed the rules, kept clear records, and treated probation-related payments and community service fairly and consistently.
“The Eastern Hampshire Division of the District Court Department (EHDC) presides over civil, criminal, and other matters falling within its territorial jurisdiction: the towns of Amherst, Belchertown, Granby, Hadley, Pelham, South Hadley, and Ware, as well as the Quabbin Reservoir Watershed Area.”
The Auditor found three main problems: some waivers were not properly documented, community service was not centrally tracked well, and some judges ordered probation fees in incorrect amounts.
“Some judges assessed PSFs in incorrect amounts.”
The court said it would stop the criticized practices, remind judges and probation staff of the proper rules, document hardship findings, and verify court orders before allowing community service instead of payment.
“This practice has ceased.”
The report shows a gap between what the law required and what sometimes happened in practice, especially around who could decide fee waivers, how community service was tracked, and whether fees were charged monthly.
“The fees were less than what is statutorily required.”
A probation supervision fee is a monthly charge that a person on probation is generally required to pay. If the court finds that paying would be too hard financially, the fee can be waived, but the person must do unpaid community service instead.
“A PSF is a monthly fee that judges are statutorily required to assess for a criminal offender placed on probation (a probationer), to be paid for the length of his or her probation term.”
3 figure(s) pending source verification - not shown
What the Auditor checked
- Did not comply Are PSFs assessed in the correct amounts, and when a PSF is waived, does the court record include a written finding that the fee would constitute an undue hardship that requires monthly community service instead?
- Complied Are PSF assessments properly recorded by the Clerk-Magistrate’s Office?
- Complied Are probation officers enforcing the requirement that probationers pay PSFs?
- Did not comply Is the performance of community service, when allowed by the court in lieu of monthly PSF payments, adequately tracked, promptly reported, and accurately recorded?
What the Auditor found
Why it matters: The Commonwealth may forgo probation supervision fees that probationers would have been able to pay, and the court cannot readily determine community-service balances, dollar values, or whether probationers will complete requirements on schedule.
Standard: Section 87A of Chapter 276 of the Massachusetts General Laws requires imposition of probation supervision fees unless the court orders a waiver after a finding of fact; adequate monitoring requires accurate records. ( Section 87A of Chapter 276 of the Massachusetts General Laws; Section 87A of Chapter 276 of the Massachusetts General Laws )
3 recommendations
- EHDC should comply with the requirements of Section 87A of Chapter 276 of the General Laws for the imposition and waiving of PSFs and the restitution made for nonpayment.
- EHDC should establish a centralized method of tracking community service performed.
- The Probation Office should promptly report all hours of community service performed by each probationer, regularly throughout the probation term, to the Clerk-Magistrate’s Office for recording in MassCourts.
Agency response & Auditor reply
Agency: "However, I intend forthwith to remind all judges assigned to the Eastern Hampshire District Court, that regardless of circumstance, they must document a finding of fact hearing and waiver by diligently using the existing Administrative Office of the District Court form on the Assessment or Waiver of Moneys in Criminal Case."
Auditor: "We believe that the actions taken by the First Justice (reiterating to all judges assigned to EHDC the Trial Court’s process of holding and documenting findings of fact on PSF waivers) were responsive to our concerns and should help address this matter."
Why it matters: The Commonwealth forwent probation supervision fees that probationers were able to pay.
Standard: Section 87A of Chapter 276 of the Massachusetts General Laws and Trial Court guidance require a judicial order before converting a monetary assessment to community service. ( Section 87A of Chapter 276 of the Massachusetts General Laws; Section 2:01 of the 1989 OCP Supervision Standards; Section 5 of the Trial Court’s Fiscal Systems Manual )
2 recommendations
- The Probation Office should not allow probationers to perform community service instead of monthly PSF payments without first verifying that there is a written judicial order allowing that.agency: already implemented
- EHDC should develop a system to notify the Clerk-Magistrate’s Office when informal proceedings occur outside the courtroom and affect the previously recorded judicial order.agency: agreed
Agency response & Auditor reply
Agency: "This practice has ceased."
Auditor: "We believe that the actions taken by the First Justice (ending the aforementioned practice and requiring the Probation Office staff to verify community-service orders) were responsive to our concerns and should help address this matter."
Why it matters: Some probationers received discounts, resulting in losses to the Commonwealth.
Standard: The law requires probationers to pay the designated fee each month of their probation period unless the court documents a waiver and requires equivalent community service. ( Section 87A of Chapter 276 of the Massachusetts General Laws )
1 recommendation
- Judges should cease ordering one-time PSF assessments that contradict the statute.agency: agreed
Agency response & Auditor reply
Agency: "I have asked all judges assigned to the Eastern Hampshire District Court to cease this practice, and if a finding is made that a waiver is warranted, I have requested that the hearing and finding of hardship and waiver be documented on the existing Administrative Office of the District Court form entitled "Assessment or Waiver of Moneys in Criminal Case.""
Auditor: "We believe that the actions taken by the First Justice (stopping the aforementioned practices and requesting documentation of finding-of-fact hearings and waivers) were responsive to our concerns and should help address this matter."