Wrentham Division of the District Court Department - Review of Probation Supervision Fees
February 2, 2016 · Wrentham Division of the District Court Department · Read the full official report (PDF) ↗
Published February 2, 2016 Audit covers July 1, 2012 – December 31, 2013 Under Suzanne M. Bump · 2011–2023
source
“WDC does not always waive monthly PSFs as required or effectively track community service.”
Read the plain-English breakdown
This is a Massachusetts State Auditor report about how Wrentham 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 WDC specifically.”
The Auditor reviewed whether the Trial Court and selected district courts were properly assessing, recording, collecting, waiving, and monitoring 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 WDC, 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 problems matter because court staff may spend time setting up community service that does not happen, public and nonprofit agencies may lose expected help, and the state may miss fees that should have been paid.
“Additionally, nonprofit and public-service agencies (e.g., homeless shelters, schools, and city parks) that count on this community service are not getting the benefit.”
For residents, this is about whether the local court is applying probation rules consistently, keeping accurate records, and making sure either fees are paid or community service is actually completed.
“WDC’s Probation Office is responsible for enforcing court orders when an individual before the court is placed on probation.”
The Auditor concluded that Wrentham District Court needed better controls: judges should make required decisions, staff should not accept the wrong kind of payment, and community service should be tracked centrally and promptly.
“WDC should establish a centralized method of tracking community service performed.”
The report recommends that the court flag community-service orders, require judge approval before switching penalties, document fee waivers correctly, and update community service records during the probation term.
“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.”
This was not just a paperwork issue: in the Auditor’s sample, 7 of 10 people ordered to do community service paid some or all of the fee instead, which led the Auditor to question whether the waiver process was working.
“We determined that 7 of these 10 probationers (70%) had either partially or fully paid the PSF rather than performing the equivalent amount of community service.”
A probation supervision fee, or PSF, is a monthly court fee for someone placed on probation. If paying it would be too hard financially, a judge can waive it and require 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.”
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: This used probation staff resources inefficiently and deprived nonprofit and public-service agencies of expected community service.
Standard: Section 87A of Chapter 276 of the Massachusetts General Laws and Section 5 of the Trial Court’s Fiscal Systems Manual require community service in lieu of waived fees and judicial approval for changing fiscal obligations. ( Section 87A of Chapter 276 of the Massachusetts General Laws; Section 5 of the Trial Court’s Fiscal Systems Manual )
2 recommendations
- WDC should flag community-service orders in MassCourts to ensure that court personnel do not accept payments from probationers who have been assigned community service instead.
- When a probationer can no longer comply with the judge’s order to perform community service, WDC should ensure that the decision of whether to change the type of penalty is made by a judge, not by other court employees.
Agency response & Auditor reply
Agency: "Permitting the probationer this option of paying the probation supervision fee or performing community service does not appear to be inconsistent with the statute which specifically provides that a waiver of probation supervision fees “shall be in effect only during the period of time that said person is unable to pay his monthly probation fee.”"
Auditor: "However, we found that a high percentage of PSF waivers were granted by WDC to probationers who could actually afford to pay the monthly fee, suggesting that WDC’s PSF waiver process is flawed."
Why it matters: The Commonwealth may forgo probation supervision fees that probationers would have been able to pay.
Standard: Section 87A of Chapter 276 of the General Laws requires the court to impose the fee unless a court finding of fact establishes inability to pay. ( Section 87A of Chapter 276 of the General Laws )
1 recommendation
- 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.
Agency response & Auditor reply
Agency: "However, I intend forthwith to ask all of the judges assigned to sit in the Wrentham District Court to document a finding of fact hearing and the waiver by diligently using the existing Administrative Office of the District Court form on the Assessment or Waiver of Moneys in Criminal Case."
Why it matters: WDC could not readily determine community-service hours owed, their dollar value, or whether offenders would fulfill court orders on schedule.
Standard: Section 87A of Chapter 276 of the General Laws requires probation offices to monitor community service. ( Section 87A of Chapter 276 of the 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, 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 response & Auditor reply
Agency: "The Probation Office in the Wrentham District Court has a centralized method of effectively tracking all hours of community service assigned, performed and owed."
Auditor: "Upon receiving a hard copy of a portion of this spreadsheet, we found that although it provides some insight into a probationers’ community service, it does not sufficiently track PSF community-service hours assigned or worked, makes no reference to the equivalent amount in PSF dollars, and is silent on any community-service monitoring being conducted by the Probation Office staff."