NCJ Number
45806
Date Published
Unknown
Length
4 pages
Annotation
REASONS FOR THE POLICY OF HAVING PROBATION OFFICERS ACT AS PEACE OFFICERS IN BEARING FIREARMS AND MAKING ARRESTS IN PROBATION VIOLATION CASES ARE DISCUSSED.
Abstract
BECAUSE OF THE PHILOSOPHY REQUIRING PROBATION OFFICERS TO WORK WITH CLIENTS IN THEIR HOME COMMUNITIES, IT IS THE POLICY OF THE NEW YORK STATE PROBATION AND PAROLE OFFICERS ASSOCIATION THAT EVERY PROBATION OFFICER HAVE THE RIGHT TO CARRY A FIREARM TO DEAL WITH HAZARDOUS SITUATIONS. TRAINING AND THE PASSING OF A QUALIFYING TEST ARE REQUIRED PRIOR TO THE BEARING OF FIREARMS, WHICH THE OFFICER IS INSTRUCTED TO USE ONLY TO PROTECT HIS OWN LIFE OR THAT OF ANOTHER. ENFORCEMENT OF PROBATION CONDITIONS, TOGETHER WITH SUPPORTIVE ATTENTION TO BEHAVIOR CHANGE, ARE THE POLICY EMPHASES OF THE PROBATION OFFICER'S TASK. IF, AFTER SUFFICIENT OPPORTUNITY AND HELP HAS BEEN GIVEN A CLIENT, PROBATION VIOLATIONS OCCUR, AN ARREST WARRANT IS CONSIDERED MANDATORY. DUE TO THE PROBATION OFFICER'S ACQUAINTANCE WITH THE VIOLATOR, IT IS BELIEVED HE COULD BEST ACCOMPLISH A SAFE AND SPEEDY ARREST, USING HIS POWER AS A PEACE OFFICER. THE ASSISTANCE OF ANOTHER PEACE OFFICER IN EFFECTING THE ARREST IS RECOMMENDED. WHILE THE STATE LEGISLATURE HAS CONFERRED PEACE OFFICER STATUS ON PROBATION OFFICERS, THE NEW YORK CITY PROBATION DEPARTMENT HAS FORBIDDEN ITS OFFICERS TO EXERCISE THEIR PEACE OFFICER POWERS. IT IS FELT THAT AS A RESULT. EFFECTIVE PROBATION SUPERVISION IS ALMOST NONEXISTENT IN NEW YORK CITY. (RCB)