Does anyone have any experience with probation departments that allow probationers to pay $X per CSR hour when they cannot do the community service hours? If so, what is the going rate?

I'm looking for any authority that allows or disallows the policy and any suggestions or comments concerning the pros and/or cons of this practice. Additionally, how could the funds be utilized by the probation departments once received?

Our probation department said it is authorized by the judge. Here, the way it is handled is that they pay $10.00 for 5 hours to the food bank, or maybe possibly another charitable organization. The judges only allow it if they are current on all fees, etc and usually only for up to 1/3 of their total hours. Probation department here said other departments handle it different. Don't know what authorizes it, but it appears here that it is through the judges.

One of our previous probation officers started a carefully crafted program that allowed people who worked too many hours - i.e. long haul truck drivers, et al, to give baby formula, diapers, etc. and possibly gift cards for Wal-Mart, etc. in lieu of performing a certain number of hours of CSR, but I do not know the scale. The diapers, etc. were given to CPS for use when children had to be taken on an emergency order, or some such situation, and the gift cards were used to purchase similar items, but it later (after that officer had to leave for a health problem) was handled improperly (by another officer who has since retired) and ended as far as the District Court is concerned. I think they still have some type of program for misdemeanors, but you would have to talk to the County Judge here 979-567-2333 or our Burleson County Adult Probation at 979-567-2342 to get the current situation. I don't think cash payments are accepted, but that may have changed. Hope this helps and doesn't just confuse you.

They do this in Bexar Co. I thought it was bizarre the first time I heard a judge allow a defendant to trade cash for community service hours.

One of our poor probation officers was overheard in District Court telling a defendant, "don't worry about the CSR, you can just buy your hours," and our District Judge, who knew nothing about such a practice, got all over the probation officer's case and let it be known that it was not going to continue.

Some Travis County judges allowed this, too.

Personally, it always raised disturbing questions about dual justice -- one for those with money, another for those without. It usually didn't start that way, of course; it often started as an exception for someone who worked too many hours or jobs to have "free time" for CSR. But then the exceptions become the rule, and pretty soon college kids and businessmen are buying their way out of picking up trash along the road.

Caveat emptor!

Shannon, I seem to recall that the Senator from my wife's home town tried to codify this in 42.12 during the 2003 session, but was not successful. Am I remembering that right?

Our probation department allows those who cannot do the hours due to work to purchase them, and also changes fines to CSH for those who are unable / unwilling to be employed. I think the going rate on both is minimum wage....