MULTIPLE PROCEDURES INHERENT IN VIOLATION OF PROBATION PROCEEDINGS

• NCJ Number: 51987
• Journal: PROBATION AND PAROLE Dated: ISSUE BY N 8 (FALL 1976) Pages: 1-14
• Author(s): J R ACKERMANN
• Date Published: 1976
• Length: 14 pages
• Corporate Author: New York State
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: BASED ON A PAPER PRESENTED AT THE 105TH CONGRESS OF CORRECTION, AMERICAN CORRECTION ASSOCIATION, LOUISVILLE, KENTUCKY, AUG 20, 1975

Annotation

THE GUIDELINES, STANDARDS, AND PROCEDURES FOR HANDLING ALL SUSPECTED VIOLATORS OF PROBATION IN THE SUFFOLK COUNTY (NEW YORK) DEPARTMENT OF PROBATION ARE DESCRIBED.

Abstract

SUFFOLK COUNTY IS BRIEFLY DESCRIBED, ALONG WITH THE STRUCTURE AND SERVICES OF THE PROBATION DEPARTMENT. BEFORE THE APPROPRIATE LEGAL FORMS CAN BE FILED WITH THE COURT CHARGING A PROBATIONER WITH VIOLATION OF PROBATION CONDITIONS, THE SUPERVISING PROBATION OFFICER IS REQUIRED TO REVIEW THE CIRCUMSTANCES OF THE ALLEGED VIOLATIONS(S) WITH HIS SUPERVISOR. IF THE ALLEGED VIOLATIONS ARE OF A TECHNICAL NATURE, AND THUS NOT INVOLVING A NEW OFFENSE, THE FOLLOWING ALTERNATIVES ARE CONSIDERED: (1) THE USE OF SELECTED CASEWORK TECHNIQUES TO DEAL WITH THE MALADAPTIVE BEHAVIOR; (2) AN INTERVIEW BY THE SUPERVISOR WITH THE PROBATIONER IN THE PRESENCE OF THE SUPERVISING OFFICER; AND (3) THE PLACING OF THE CASE ON THE COURT CALENDAR SO THE JUDGE MAY ADDRESS THE PROBATIONER. SHOULD THE PROBATIONER BE CONSIDERED A MENACE TO HIMSELF, THE COMMUNITY, OR BOTH, THE SUPERVISOR AUTHORIZES THE PROBATION OFFICER TO FILE A VIOLATION OF PROBATION AFFIDAVIT, A VIOLATION OF PROBATION REPORT TO THE COURT, A COPY OF THE PRESENTENCE INVESTIGATION REPORT, AND A DECLARATION OF DELINQUENCY FORM. THE AFFIDAVIT IS THE LEGAL INSTRUMENT WHICH FORMALLY CHARGES THE PROBATIONER WITH ONE OR MORE PROBATION VIOLATIONS. THE CONTENTS OF THE AFFIDAVIT ARE DESCRIBED. UPON RECEIPT OF THESE MATERIALS, THE COURT USUALLY ISSUES A PROBATION VIOLATION WARRANT, WHICH IS NORMALLY SERVED BY THE SUPERVISING OFFICER, ACCOMPANIED BY ANOTHER PROBATION OFFICER OR A POLICE OFFICER. THE POLICY WHICH DESIGNATES PROBATION OFFICERS TO ACT AS PEACE OFFICERS IN PROBATION VIOLATION ARREST CASES IS DISCUSSED. PRIOR TO THE COURT HEARING THE PROBATIONER IS ADVISED OF HIS OR HER RIGHT TO COUNSEL, TO CROSS-EXAMINE WITNESSES, AND MAKE STATEMENTS ON HIS OWN BEHALF. AN ATTORNEY IS APPOINTED BY THE COURT IN THE EVENT THE PROBATIONER CANNOT AFFORD ONE. AT THE CONCLUSION OF THE PRESENTATION OF EVIDENCE, THE JUDGE MAY REVOKE PROBATION AND COMMIT THE DEFENDANT TO AN INSTITUTION, MAY MODIFY THE CONDITIONS OF PROBATION, OR MAY CONTINUE THE PROBATIONER UNDER PROBATION SUPERVISION. A FINDING OF GUILT IS BASED ON A PREPONDERANCE OF EVIDENCE BY STATE LAW. REFERENCES ARE PROVIDED. (RCB)