Lowell Division of the District Court Department - Review of Probation Supervision Fees: Transactions and Monitoring of Fulfillment by Probationers
February 11, 2016 · Lowell Division of the District Court Department · Read the full official report (PDF) ↗
Published February 11, 2016 Audit covers July 1, 2012 – December 31, 2013 Under Suzanne M. Bump · 2011–2023
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“LDC allowed some probationers to pay off their PSF assessments by performing community service instead of the fee the judge had ordered.”
Read the plain-English breakdown
This is a Massachusetts State Auditor review of how Lowell 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 LDC specifically.”
The auditor was checking whether courts properly assessed, recorded, monitored, and enforced 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 LDC, 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.”
If the court skips required steps, the state may lose fee money that probationers were actually able to pay, and the court may not know whether community service was completed.
“As a result, the Commonwealth may be forgoing PSFs that probationers would have been able to pay.”
For citizens, this affects whether court orders are applied fairly, whether public money is collected when required, and whether community service is actually tracked.
“As a result, LDC cannot readily determine how many community-service hours are owed, what community service amounts to in dollars, and whether offenders will be able to fulfill the requirements of court orders on schedule.”
The auditor found two main problems: probation officers were sometimes effectively allowed to choose between fees and community service without the required court finding, and community service was not tracked well enough in one central place.
“The court does not always waive monthly probation supervision fees as required or effectively track community service.”
The report recommended that Lowell District Court document fee waivers properly, track community service centrally, and make clear that community service cannot replace fees without a judge’s order.
“LDC should establish a centralized method of tracking community service performed.”
This was not just a paperwork issue: during the audit period, Lowell District Court sent $934,117 in these fees to the State Treasurer, but that was only about 56% of the estimated possible amount.
“During the testing period, LDC collected and transmitted $934,117 of PSFs to the State Treasurer.”
A probation supervision fee is a monthly charge paid by someone on probation, unless a judge properly waives it because paying would be an undue hardship.
“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.”
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?
- Did not comply 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 from probationers who were able to pay, and required nonpayment enforcement procedures may be bypassed.
Standard: Section 87A of Chapter 276 of the Massachusetts General Laws requires the imposition of a designated probation supervision fee unless the court waives it after a finding of fact establishing inability to pay. ( Section 87A of Chapter 276 of the Massachusetts General Laws )
1 recommendation
- LDC 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.agency: agreed
Agency response & Auditor reply
Auditor: "We believe that the actions taken by the First Justice (reiterating to all judges assigned to LDC the statutory requirement of holding and documenting findings of fact and completing the appropriate form) were responsive to our concerns and should help address this matter."
Why it matters: LDC cannot readily determine how many community-service hours are owed, the dollar value of the community service, or whether probationers will fulfill court orders on schedule.
Standard: The Probation Office is responsible for monitoring community service under Section 87A of Chapter 276 of the General Laws, and adequate monitoring requires accurate records. ( Section 87A of Chapter 276 of the Massachusetts General Laws )
2 recommendations
- LDC should establish a centralized method of tracking community service performed.agency: agreed
- 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 so that both offices can readily determine the status of probationers’ accounts.agency: agreed
Agency response & Auditor reply
Agency: "The spreadsheet would be kept in a central location in the Lowell Probation office and be used as its centralized tracking method available to all probation officers and other Probation staff whenever needed."
Auditor: "However, without a central record, the court lacks an efficient means to do this."
Why it matters: The Commonwealth forwent probation supervision fees that probationers were able to pay.
Standard: Section 87A of Chapter 276 of the General Laws and Trial Court guidance require a judicial order before a monetary probation supervision fee can be changed 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
- LDC should inform its probationers that if they are ordered by the court to pay a PSF, then they are not allowed to arrange to perform community service in lieu of paying the fee without a judicial order.agency: already implemented
- The Probation Office should require community-service work arrangements with local nonprofit agencies to be preapproved by a probation officer before a probationer is allowed to perform community service to replace a PSF.
Agency response & Auditor reply
Agency: "Currently probationers in the Lowell District Court are instructed that if ordered to pay probation supervision fees they may not instead perform community service without a further judicial order."
Auditor: "We believe that the actions taken by the First Justice (having the court instruct probationers that they cannot switch from paying a PSF to performing community service without a judge’s order) was responsive to our concerns and should help address this matter."