In a recent slip opinion, the Appeals Court found that a probationer’s homeless status alone was no excuse for failing to attend and complete the IPAEP.
Reasoning and Approach:
- The court needed to determine whether the defendant’s failure to complete the Intimate Partner Abuse Education Program (IPAEP) was willful, meaning it was not due to circumstances beyond his control and that he did not make a good faith effort to comply.
- The court examined the evidence presented, including the number of classes completed, the time given to complete them, and any explanations or excuses offered by the defendant.
Key Evidence and Findings:
- The defendant was required to complete 40 IPAEP classes but had completed only 13.
- His probation was extended specifically to allow him more time to finish the program, but he still failed to do so.
- The defendant was on probation for 14 months and had 8 months after the extension to complete the classes, yet he made little progress.
- Although the defendant was homeless for part of his probation, he did not provide any justification or evidence explaining why this prevented him from attending the classes.
- The court noted that the defendant did not attempt to contact probation to explain his situation or seek a further extension to complete the program.
- The judge found a “lack of a good faith effort to comply” with the terms of probation.
Conclusion:
- The court concluded that, given the extended time, lack of effort to communicate or seek help, and absence of a justifiable excuse, the defendant’s failure to attend and complete the IPAEP classes was willful.
- Therefore, the probation violation was affirmed on the basis of willful truancy from the IPAEP.
Example Implementation:
- If a probationer is required to complete a program and faces obstacles (such as homelessness), the court expects the individual to communicate with probation officers, provide explanations, and seek extensions or accommodations. Failure to do so, especially over an extended period, can be deemed willful noncompliance.
To read the full slip opinion, click the document below.