Chair asks about disconnect between officers and general counsel on early termination
Brooks-Powers asks why general counsel might oppose early termination when an assigned officer and supervisor agree. McKenzie says under the current administration every early discharge is assessed on its merits and there should be no blanket objections.
We look at to see if they have steady employment.
We look at their family dynamics and their situation and it's stable.
We look at if they completed either high school or vocational program.
So it's a number of things that we look at that we can inform the court that this person is doing well and they are no longer a threat to themselves or the community.
Thank you for that.
We have heard that in situation when a person's assigned probation officer, when a person's assigned probation officer and that officer's supervisor are in agreement about early termination, that the department's
general counsel may still oppose or take.
No position on such determination.
What causes the disconnect between the position of an assigned officer and a general counsel?
So I'm not going to speak to the practices of any previous administration.
I can say under this current administration, every early discharge is assessed on its merits.
So there should be no blanket.
Objection from the Office of General Counsel in this regard.
And in fact,
We'd like to encourage early discharges when people are entitled to it.
So, so far you haven't had to contend with that, but you're.
Thoughts are that you don't see.
We've had one situation where I had to issue some clarification around certain types of cases.
And that clarification has been that every case should be judged on its own merits.
There's no blanket objections.
I hear you about not having a blanket determination.
However, what I'm asking is if there is an assigned officer and their supervisor that's saying one thing,
What would cause a disconnect with the general counsel to be in opposition of that determination from someone who is dealing more regularly with the individual?
There should be none.
We should be guided by the recommendations of operations.
There are certain legal factors, for example, in the law for someone to be eligible.