Brian Moriarty is one of the 175 juvenile probation officers in Massachusetts responsible for keeping tabs on nearly 14,000 youthful offenders.
Republican staff photo by Dave RobackJuvenile probation officer Brian Moriarty, left, speaks with "James" during a surprise visit to the teen's home. As his probation officer, it's Moriarity's job to check in on the boy to make sure he is following the terms of his release.
SPRINGFIELD – Standing by the front porch of a home off Oakland Street, Brian Moriarty reminds “James” that the day is fast approaching when they will never have to see each other again.
That is, of course, as long as the 17-year-old “James” doesn’t screw it all up by doing something stupid.
“I need you to fly low at school for the next month,” Moriarty told him. “No fights at school. Be respectful. Keep your mouth closed – and do your work.”
Moriarty is a probation officer assigned to Juvenile Court, and the sheepish boy bobbing his head in agreement is part of his case load.
“James,” not his real name, has been sentenced to probation instead of a juvenile-detention facility, and it’s Moriarty’s job to see that the teenager abides by the terms of his release.
They have regular meetings each week, and Moriarty stops regularly at the young man’s school to talk with teachers and school officials to find out how things are going.
And, then there are moments like this one, when Moriarty shows up unannounced at the family home at night just to talk with him and his mother.
The Republican was allowed to travel with Moriarty on a recent night to learn about the work of probation officers. The only conditions set by the state Office of the Commissioner of Probation were that the juvenile offenders would not be identified and their faces would not be photographed.
“You’ve come a long way,” Moriarty tells “James.” “We don’t need any problems at school.”
He reminds the teen that the last thing he needs is to mess up now since his probation is set to expire this month .
The teen assures his probation officer that everything will be fine and there will be no trouble on his end. “I’m done. I’ve learned my lesson,” he said
The teen is serving a probationary term on assault charges; the only thing “James” would say about it is that he kept getting into fights.
His mother, standing nearby, said her son’s biggest problem has always been his mouth.
“Growing up, the boy could never keep his mouth shut and do what he was told,” she said. And, ultimately, the fights at school landed him in Juvenile Court, she said.
Republican staff photo by Dave RobackJuvenile Probation Officer Brian Moriarty listens to the mother of a 15-year-old girl that he is responsible for monitoring during a surprise visit to their apartment. Moriarty said he conducts the surprise visits periodically to make sure juveniles under his care are where they are supposed to be and doing what they are supposed to be doing.
The mother says Moriarty, 44, has been a good influence on her son. While initially reluctant about the constant monitoring, she says she’s seen positive changes since the two were paired.
“He’s pretty good at listening to (Moriarty) and doing what he needs because (Moriarty) is pretty firm,” she said. “He means what he tells James.”
According to Coria Holland, spokeswoman for the Office of the Commissioner of Probation, there are 13,882 children across Massachusetts who are either on probation or “court involved,” the sweeping term used for all types of delinquent children, habitual truants or runaways, and abused or neglected children who are overseen by the Department of Youth Services.
And, for all of them, there are 175 juvenile probation officers across the state who are responsible for keeping track of them. That works out to about 80 cases per probation officer statewide, although in some counties the average is much higher. In Suffolk County, for example, each juvenile probation officer has 131 cases.
In Hampden County, there are 1,547 children serving probation or involved in active court cases. Twenty-one probation officers monitor those young people, a ratio of about 73 cases for every probation officer.
The Office of the Commissioner of Probation has seen its budget reduced over the last two years, from $126.3 million in fiscal 2010 to $119.4 million in fiscal 2011. This year’s budget is $116.7 million.
Even in the face of such budget-tightening conditions and rising caseloads, Judge Daniel J. Swords, first justice for the Hampden Juvenile Court, believes the probation officers do a great job monitoring all the children that go through the juvenile court and are assigned to probation.
The officers are responsible for making sure that each teen is following the terms of their probation, and the officers take that very seriously, Swords said.
“We are really blessed by having terrific probation officers. Their work with the kids, their families and the schools is fantastic.”
Republican file photoJudge Daniel J. Swords, first justice for Hampden Juvenile Court, said probation officers do a great job keeping juvenile offenders from re-offending. "Their work with the kids, their families and the schools is fantastic," he said.
The judges set terms of conditions, but once juveniles are released back into the community, it is up to the probation officer to make sure they are abiding by terms of their parole and keeping out of trouble.
“If they are not complying with the conditions, the (probation officer) files a violation notice with the court,” he said. When that occurs, it becomes the court’s jurisdiction, according to Swords.
Sometimes reoffending juveniles are given more restrictive conditions. Sometimes the judge assigns reoffending juveniles to serve the remainder of their term in a Department of Youth Services juvenile detention facility.
Danny Biaz, acting chief of probation for Hampden Juvenile Court, says the unannounced visits play a valuable role in the mission of probation. They give the probation officers “an idea what is going on with a child,” he said.
“We’re going out in the community,” Biaz said. “We’re out trying to take a pro-active role, rather than a reactive one.”
By seeing the young people out of their environment, at school, at home, in the neighborhood, it provides insights into the what sort of pressures they face.
A probation officer can see if the child has a stable home life or if it’s a dysfunctional home. It is also helpful to the child’s parents, he said. “They get extra support from probation.”
Moriarty sees the unannounced visits as a critical tool in his job, making sure teens on probation are where they are supposed to be, doing what they are supposed to be doing.
“As a rule, I don’t tell the kids I’m coming,” he said. “I don’t want any rhyme or reason. Sometimes I go twice in one week. They can’t think they know you’re coming at any particular time.”
At another stop at a house off Dickinson Street a little while later on this night, a teen named “Michael” answers a knock on the front door and is surprised to see Moriarty on the porch.
The two had just met for their regular weekly appointment less than two hours earlier, but now he’s in his kitchen telling the boy’s father that “Michael” missed the first day of school because he did not have a uniform.
“He’ll be there tomorrow,” the dad tells Moriarty.
Moriarty reminds “Michael” and his father that they will need to finish paying off any fines and restitution and complete community service before the end of October if they want the judge to OK an end to Michael's probation.
“You’re doing a good job for me,” Moriarty tells the young man. “Do a good job for your dad.”
Before he leaves, Moriarty delivers the same warning he did to his earlier charge: make no trouble at school.
“When kids start acting stupid, you’ve got to do your own thing and walk away,” Moriarty said. “You’ve had a good couple of months. You don’t want to lose it when school starts.”
As a probation officer, Moriarty is charged with reporting to the court the progress each of his cases is – or isn’t – making.
Republican staff photo by Dave RobackJuvenile Probation Officer Brian Moriarty talks with the two Springfield police officers who escort him on his surprise visits. As a probation officer, he is charged with reporting back to Juvenile Court when juvenile offenders are not abiding by their release. If the violation is serious enough, the courts can order the offender to be sent to a juvenile detention facility.
A Springfield police officer for 14 years before becoming a probation officer five years ago, Moriarty says he takes a no-nonsense approach to his duties.
“They have to know that you can be firm, but (that) they can also talk to you,” he said. “You have to wear a couple of different hats.”
There have been cases in which the teens assigned to Moriarty are the children of someone he had previously arrested during his police career. In those cases, Moriarty said, his past can actually be beneficial because the parent can vouch that he means what he says.
“You have to establish a relationship with the kid,” he said. “More importantly, you have to establish a relationship with the parent.”
The job of a juvenile probation officer is easier if the child’s parents are on your side, Moriarty added. And, on occasion, that is not the case.
Moriarty recognizes that he can only do so much in some cases. He can blanket his cases almost continually and say all he can about staying in school and keeping out of trouble, but if a teen is still surrounded by the negative influences of absentee or indifferent parents, trouble-making friends, drugs or gangs, the results are not always positive.
“Think back to sociology class,” he said. “We’re trying to alter behavior without controlling the environment.”
If Moriarty finds problems or feels the teen isn’t taking the situation seriously, he can to make a report to the Juvenile Court justice overseeing the teen’s case. Teens who do not go along can find the terms of their probation made more restrictive, or have it revoked and be placed in a juvenile detention facility.
Sometimes that is what it takes to get a kid’s attention, he said; “You hope it’s a wake-up call.”
Juvenile Court is designed to be different from other wings of the state Trial Court, says Swords. The focus is to emphasize on rehabilitating teen offenders instead of just incarcerating them, he said.
“We are mandated by statute to look to rehabilitation,” the judge said. The structured release that is closely monitored by a probation officer is, in most cases, preferred and more beneficial than locking someone away, Swords said.
Swords says he’s seen many success stories over the years when a young offender sentenced to probation has emerged on a new path.
"Unfortunately that is not always the case," he said. "Kids today commit some egregious crimes."
Swords said in juvenile cases where the offender has committed violent crimes, the courts have to look for a balance between what is best for the juvenile and what is best for the community.
"We look at the rehabilitation of the child. We look equally at the protection of society," he said.
Moriarty’s caseload typically involves 16- to 17-year-olds who have avoided incarceration; he occasionally deals with young people who are released from incarceration to serve additional probationary time. Many have committed crimes that are serious enough to land an adult in state prison.
“We have crimes that run the gamut from minor things to armed assault with intent to murder or rape,” Moriarty explained.
The type of offense determines how much slack he gives and how often he’s on their front porches to check in.
“Some of them you really have to stay on top of,” he said.
Amid some of the grim realities of his job, Moriarty says he has his share of success stories – some of those he’s overseen have gone on to college – although the successes are not as plentiful as he wishes.
“You don’t always have the batting average you want,” he said.
For Moriarty, the most important thing is to get teens to accept responsibility for their actions.
“I tell each kid on day one: when you are on probation, you are going to determine how this goes by your behavior and your actions,” he said. “It’s not your mother, or your counselor or whatever.”