Contents
Chapter 7
Chapter 16
Chapter 18
Chapter 19

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Chapter 18
RTP and the
Probation Officer

Jake Jacobs
Deputy Adult Probation Officer III
Maricopa County, Arizona

Jake has been a close friend for over 20 years, and I've worked to help him incorporate RTP into his probation work. In a punitive, coercive system such as corrections, it might seem strange that RTP could be so effective. But it is. Rather than being in school, the probationer is in the custody of the court. As in school, the purpose of RTP is to help the probationer learn to take responsibility for his own life, while learning how to respect the rights of others. The probation officer acts as both RTC teacher and administrator. His job is to teach his probationers how to think for themselves, how to learn the skills to make successful plans, and how to keep from being incarcerated. In schools, when students continue to disrupt, they have chosen to go home; in probation work, they have chosen to be incarcerated. The rules, called terms and conditions, are set by a judge.

A particularly interesting phenomenon is that Jake's probationers rarely get upset with him. They feel respected. Even those whose probation has been revoked by Jake have rarely gotten angry with him. In fact, several of them have sent him letters while incarcerated, and some have contacted him again when they got out of prison.
-Ed Ford

"Hi, You've reached Jake Jacobs, your friendly Probation Officer of the Adult Probation and Youthful Offender Program, where I jump-start your life!" By using RTP, I do help to "jump-start" the lives of those assigned to me. I've had over 16 years experience in Adult Probation in Maricopa County, which covers the greater metropolitan area of Phoenix. This includes five years with the youthful offender program.

Persons who have been convicted of breaking the law and are sentenced to probation are called probationers. Their sentences are specific in length and have explicit terms and conditions that must be met during that time. These terms and conditions are mandated by a Criminal Court judge in the Superior Court. Probationers are monitored by probation officers (commonly referred to as PO's), who ensure compliance with the terms and conditions of probation.

A typical case is that of a person convicted of burglary, underlying which is a problem related to substance abuse. The person might receive a sentence of five years on probation with fines and restitution to be paid, a defined number of hours of community service work to be completed, and a requirement for getting treatment for substance abuse.

The criminal justice system is punitive and very threatening. Probation means that the convicted person remains free in the community (under the supervision of the PO) as long as all of the terms and conditions of probation are met. Otherwise, probation could be revoked, with the person being sentenced to jail or prison. The system is intimidating! PO's are usually viewed as strict authoritarians by their probationers. Yet nearly all of my probationers see me as caring and non-punitive. How can that be? What makes what I do so different that I am looked at as someone who makes a difference in probationers' lives, shows respect and concern for their futures, and helps them formulate plans enabling them to build the necessary confidence to become successful? It is simply that I have taken RTP to heart and apply it in my job every day.

For many years, Ed Ford and I have conducted a series of group sessions with probationers to encourage and teach them how to think, and to help them develop skills allowing them to deal more effectively with their lives. The foundation for my work with probationers comes from two questions Ed has taught me to always keep in mind:

Who does the thinking when you tell?

Who does the thinking when you ask?

To help probationers change their life styles, probation officers must help them learn how to think responsibly for themselves and how to respect the rights of others. How can this be done? By asking questions. It's that simple. Telling probationers what to do just does not work, just as it does not work in other situations: parents try to tell their children what to do, and the children leave home; teachers try to tell their students what to do, and the students leave school; the policeman yells, "Stop or I'll shoot!" and the suspect keeps running, possibly getting shot.

Over the years, I have overheard many PO's lecturing their clients-sometimes screaming at them, pleading with them, and threatening them. I have seen PO's become upset when their probationers don't follow the terms and conditions. These PO's have taken on the non-compliance of the probationers as their own problem. But I use RTP. My attitude is based in part on a question posed by my friend, Ernie Garcia, who was Director of the Juvenile Court Services in Maricopa County for over 20 years: "Whose problem is it?" Non-compliance is a problem that belongs to the probationer, not to the probation officer.

RTP works well for me because my probationers think about what they are doing and look at the quality of the lives they are living. Without RTP, probationers often use their past as an excuse. "I really don't belong here. It was my buddy who talked me into it. I'm innocent." "It's my ex-wife's fault." "Those old folks shouldn't have left their door open for me." I often ask those convicted of burglary: "Shouldn't you change your profession? If you were any good at what you've been doing, I wouldn't have met you."

In schools, the second RTP question is "What are the rules?" In probation, that question becomes "What are the terms and conditions?" These are the rules for each probationer. And just as the responsible thinking classroom gives students help in school, the probation office becomes the RTC for probationers. If students choose to continue to disrupt and not follow the rules in the RTC, they go home. If probationers choose to continue to break the law or not abide by their terms and conditions, they go to jail or prison. I am not the one who causes them to be imprisoned, and I do not threaten them with it. But I must work within the criminal justice system while assisting my probationers to succeed by avoiding incarceration. It is their life style choice that has brought them to me, and it is their choice that will lead them either to follow the rules set by a judge or to break those rules and go to a penal institution.

Like a teacher using RTP, I attempt to find out what probationers want to do. If they want help in changing, I'll help. If, by their actions, they exhibit a desire to go to jail, that's no problem for me, because I consider it their decision. I am always willing to work with them when they are truly committed. I just keep asking questions.

Probationers usually are in conflict with others and not in control of their lives. They have a hard time starting and finishing a program or project. Therefore, when working with probationers, it's important to be specific. They need to learn how to set goals and standards. The PO must stay "in the here and now," keep them focused, teach them how to make a plan, and get genuine commitment to follow that plan. To do these things, ask questions. Asking questions centers both the PO and the probationer on the real and present issues before them.

By way of illustration, the following is a typical exchange with a probationer, whom I'll call Don. Don comes into my office after I have received a report that he had a dirty urine test. This means that Don violated his terms and conditions of probation by having a positive drug test result, indicating use of cocaine.

Jake: So, how have things been going, Don? Are you staying clean and sober?
Don: Sure, I'm doin' OK. So, how are you doin', Jake?
Jake: What are you doing about your sobriety? Are you staying clean and sober? (Focusing on the issue at hand.)
Don: I need to be honest and tell you that I had a relapse last week.
Jake: Is the issue honesty or sobriety? (Again, staying focused.)
Don: Have you ever done drugs? (Trying to change the subject.)
Jake: What do your terms say about drug use? (Keeping him focused.)
Don: You don't want to help me. You just want to send me to prison. (Trying to shift the blame.)
Jake: What do your terms say about drug use? (Still staying focused.)
Don: I have to stay clean and sober.
Jake: What happens if you don't stay clean and sober on probation?
Don: I'll go back to jail.
Jake: Do you think I want to send you back to jail?
Don: No, I guess not. But can you give me a break?
Jake: Do you think I shouldn't follow what the judge directed? (Keeping attention on the terms and conditions.)
Don: No, I guess not.
Jake: Would I be the one who sends you back to jail?
Don: No, I guess I would be doing it to myself.
Jake: How would you send yourself to jail?
Don: Yeah, I know. By doing drugs. Violating terms.
Jake: So, what are your choices? What do you want to do?
Don: What do you mean?
Jake: Do you want treatment or jail?
Don: I guess I need help.
Jake: Do you want residential treatment or residential jail?
Don: I want treatment.
Jake: Do you want to work at this or not? (Testing for commitment.)
Don: Yeah. I guess so. (A weak commitment.)
Jake: Are you sure? If you want your probation revoked, that's fine by me. (Still testing.)
Don: No, No. I don't want to go back to jail. No. I'll stay clean. I promise. I really will.
Jake: So, what's your plan to stay clean and sober?
Don: I've been thinking maybe I should try AA.
Jake: What are your terms and conditions?
Don: I have to attend meetings or be in a residential program.
Jake: So, what's your plan?
Don: Boy, you don't let up, do you?
Jake: Do you want me to let up?
Don: No. No! I've got to do this. Well, there's an AA meeting tonight at the Garfield Center. I'll be there.
Jake: How will I know?
Don: I guess you have to trust me.
Jake: How will I know you've attended the meeting?
Don: I'll have the guy running the meeting call you.
Jake: What if he doesn't call me?
Don: OK, so I'll call you with his name and phone number. How's that?
Jake: What about your sponsor's name and phone number?
Don: OK, OK, I'll call that in as well. But what if I forget to call?
Jake: What's my alternative?
Don: I'll call. I'll call. I really will.
Jake: When?
Don: I'll call tomorrow morning, and if you aren't there, I'll leave the message on your answering machine. Is that OK?
Jake: What do you think?
Don: That'll work. I'll be in touch tomorrow.

This is an example of an exchange with a probationer who wants to avoid the issue of his sobriety. Telling Don what to do or lecturing him only helps the PO feel better. It does not get Don to think about improving the quality of his life, or to concentrate on the standards he must maintain to keep his freedom. If I don't teach Don to think responsibly on his own, when I'm not around, he is going to go back to using drugs. Teaching him to think by asking him questions really works. And asking questions and being sure I get answers make my job much easier. It's actually fun. I watch the probationers struggle, but I also watch them succeed. I see them improve their family life and begin to secure better jobs. I observe them taking control of their lives. When I ask questions and respect the answers, the probationers sense that respect. For the first time for many of them, they experience being respected. Then they learn from that experience to show respect for others. Their correctional careers have been filled with yelling and telling, lecturing and more lecturing. None of that has taught them to think. It has locked them further into their own inadequate lives.

By asking questions, I teach probationers to think whenever they are tempted to use alcohol or drugs, to drive on a suspended license, or to skip work that day. I just keep asking what they have been doing and what are the consequences of their actions. It takes the pressure off me. I don't feel any more guilty when probationers choose to be incarcerated than a teacher or administrator feels when students who continue to disrupt choose to go home.

Asking questions in a calm, respectful, and curious voice develops rapport with probationers. This has frequently created relationships with me that continue long after release from probation. I still hear from many probationers after I have stopped supervising them. Even some probationers who had their probations revoked and were incarcerated have sent me friendly letters from prison. I always wanted a pen pal, and now I have pals in the pen! Their letters thank me for my support and for helping them to think about the standards they need to set for themselves to become more successful. I have never received an angry letter or one that blamed me for what happened.

It is most important to ask the right kind of questions. I never ask "why" because the response will inevitably be filled with excuses. Asking the right questions has allowed me to avoid all of the garbage, so I can focus on the major issues for each probationer.

Ed Ford has taught me about commitment. If you don't have commitment to what you do, you don't have anything. This applies to your personal life, your marriage, your job, your health, and your happiness. For probationers, it's not merely talking about trying to get a job, or trying to stay clean and sober. It's a commitment to change what hasn't worked in the past, to make things work now, and to improve the standard of their lives. It's a commitment to change how they want to perceive themselves.

When I begin to feel angry or upset with a probationer, I ask myself Ernie Garcia's question: "Whose problem is it?" If a plan isn't being adhered to, I go back and test for commitment. If I am working harder than a probationer to keep him out of jail, then I am doing something wrong. I return to the plan with the probationer and test for commitment. I just start asking more questions.

Have I chosen to love my work? Yes. Have I chosen to love RTP? Yes!

Many thanks to my wife, Patricia, and to my good friend, Judge C. Kimball Rose, retired.