Worcester Division of the District Court Department-Review of Probation Supervision Fees: Transactions and Monitoring of Fulfillment by Probationers
February 22, 2016 · Worcester Division of the District Court Department · Read the full official report (PDF) ↗
Published February 22, 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 Worcester District Court handled probation supervision fees and community service from July 1, 2012 through December 31, 2013.
“This report presents the results of our audit testing at WDC specifically.”
The Auditor reviewed whether the court properly assessed probation fees, documented waivers, and monitored whether probationers paid fees or completed community service.
“The objective of our work at each court location was limited to determining the extent to which the court was complying with the responsibilities established by Section 87A of Chapter 276 of the General Laws, as well as guidance issued by the Trial Court; the Office of the Commissioner of Probation (OCP); and the court location itself, if it had issued any.”
If fees are waived without the required court findings, the state may lose money that probationers were legally able to pay.
“As a result, the Commonwealth may be forgoing PSFs that probationers would have been able to pay.”
For ordinary residents, this matters because courts should apply fees and community service rules fairly, consistently, and with clear records.
“Adequate monitoring requires the maintenance of accurate records.”
Auditors found two main problems: some judges let probation officers decide between payment and community service, and the court lacked a centralized way to track community service hours effectively.
“Some judges at the Worcester Division of the District Court Department (WDC) allow a person’s probation officer to choose whether s/he should pay a monthly probation supervision fee (PSF) or perform community service, a procedure that is contrary to Section 87A of Chapter 276 of the Massachusetts General Laws.”
The report recommends that the court document fee waivers properly, track community service centrally, and report hours regularly into MassCourts.
“WDC should establish a centralized method of tracking community service performed.”
The problem was not just paperwork: in the sample reviewed, auditors found cases where the required hardship finding was not documented or community service was not properly required.
“For the 60 probationers selected, we identified 9 cases where the sentencing judge did not sufficiently document that the PSF would be an undue hardship.”
A probation supervision fee is a monthly charge that many people on probation must pay unless a judge properly waives it, usually requiring 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.”
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 required nonpayment procedures may be bypassed.
Standard: Section 87A of Chapter 276 of the Massachusetts General Laws requires imposition of probation supervision fees unless the court waives the fee after a finding of fact and requires community service instead. ( Section 87A of Chapter 276 of the Massachusetts General Laws )
2 recommendations
- WDC 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.
- WDC should document whether a probationer will pay a monthly PSF or whether a finding of fact has been held to allow the fee to be waived and community service performed instead.
Agency response & Auditor reply
Agency: "I intend forthwith to ask all of the judges assigned to sit in the Worcester District Court to document a finding of fact hearing and determination of whether probationer should pay a monthly probation supervision fee or whether such fee constitutes an undue hardship for probationer or his/her family and should be waived, 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 WDC 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 court could not readily determine how many community-service hours were owed, their dollar value, or whether probationers would fulfill court orders on schedule.
Standard: Section 87A of Chapter 276 of the Massachusetts General Laws requires monitoring community service, and best business practices require centralized tracking and accurate records. ( Section 87A of Chapter 276 of the Massachusetts General Laws )
2 recommendations
- WDC 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 to the Clerk-Magistrate’s Office for recording in MassCourts.
Agency response & Auditor reply
Agency: "The Probation Office in the Worcester District Court has a centralized method of effectively tracking all hours of community service assigned, performed and owed."
Auditor: "We do not dispute that the court may be able to determine a probationer’s progress toward fulfilling the community-service obligation."