Probation Conditions for the WELLS CIRCUIT COURT

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Presentation transcript:

Probation Conditions for the WELLS CIRCUIT COURT Hon. Kenton W. Kiracofe Judge of the Wells Circuit Court Revised 10/28/2016

Probation Introduction This presentation will recite the standard conditions of probation that will be imposed in your case. Please listen carefully as the Court will ask on the record whether you have listened to and viewed this presentation. Revised 10/28/2016

Probation Introduction If you have any questions about the standard probation conditions, do not hesitate to ask the Court to address them during the court hearing. Special conditions unique to your case will be read at the sentencing hearing or will be provided in a separate presentation. Revised 10/28/2016

Probation Conditions Revised 10/28/2016

Probation Conditions You must not violate any laws of any jurisdiction. You shall report any incidents involving contact with law enforcement, Department of Child Services, fire, or emergency personnel to your probation officer within twenty-four (24) hours. Revised 10/28/2016

Probation Conditions You shall contact the Wells County Probation Department immediately to make an appointment to meet with your Probation Officer. If you are incarcerated, contact the Probation Department within two (2) days of your release. Thereafter you shall report to the Probation Officer as directed, free from the influence of any alcohol or drugs. Revised 10/28/2016

Probation Conditions You shall not change your address or residence without the prior permission of your Probation Officer. Any notice sent by the Court to the address you provide today or the most recent address in the Probation Department file is notice to you of any Court appearance you must make. Failure to appear as ordered in any such notice will result in a warrant being issued for your arrest. Revised 10/28/2016

Probation Conditions You may not leave the State of Indiana without prior written approval of the Court and your Probation Officer and as permitted by the compact of the Interstate Commission for Adult Offender Supervision. Revised 10/28/2016

Probation Conditions If your probation is transferred to another jurisdiction, you shall comply with any reasonable additional probation conditions of the receiving jurisdiction and, if applicable pay a transfer application fee. You shall permit your Probation Officer to visit you at reasonable times at your home or elsewhere. Revised 10/28/2016

Probation Conditions You shall truthfully answer all reasonable questions of your Probation Officer. Revised 10/28/2016

Probation Conditions You shall waive your rights regarding search and seizure which are guaranteed to you by the 4th amendment to the United States Constitution and Article 1, Section 11 of the Indiana Constitution and submit to any warrantless and suspicionless search of you, your property, or your residence by the Probation Department or their agents. Revised 10/28/2016

Probation Conditions You shall work faithfully at suitable employment, faithfully pursue a course of study or vocation training that will equip you for a suitable employment, or make every effort to obtain employment. You shall notify your probation officer of any change of vocation or employment within 24 hours of such change. Revised 10/28/2016

Probation Conditions You shall not use or possess any controlled substance unless prescribed by a physician. You must report and provide verification of any current or future prescription medications to your Probation Officer immediately. You shall only take prescription medications in the manner directed by your physician and only within compliance with State and Federal law. Revised 10/28/2016

Probation Conditions You shall not use or possess any synthetic drugs or substances that mimic controlled substances, including, but not limited to, synthetic cannabinoids or salvia. Revised 10/28/2016

Probation Conditions You shall submit to all drug tests demanded by the Probation Department at your expense. You shall not fail any of those tests. More than one diluted test, an adulterated urine sample or a refusal to provide a sample within 4 hours of a request will constitute a failed test. Revised 10/28/2016

Probation Conditions You shall maintain valid release forms for the Probation Department to exchange information with your counselors, employers and any other persons deemed necessary by the Probation Department. Revised 10/28/2016

Probation Conditions Probation is a privilege not a right; therefore, if you violate any one (1) of these conditions of probation during your probation period, a petition to revoke your probation may be filed within one year of termination of probation or forty-five (45) days after the State receives notice of the violation, whichever is the shorter period of time. Revised 10/28/2016

Probation Conditions You will be required to sign the probation rules after the sentencing hearing, and a copy will be given to you before you leave the Courthouse. By signing this document you will be attesting the following: I have read the above conditions. Unless otherwise stated on this document, my probation period begins immediately. I understand all the conditions and I agree to comply with each of them. I understand and waive my rights regarding search and seizure as stated under number 8 of this order of probation. I also understand and agree to waive extradition proceedings and voluntarily return to the State of Indiana if I am found in any other state without written permission of the Court. Revised 10/28/2016

Probation Conditions You will be asked to provide current contact information on the probation conditions. You should provide your residence address, mailing address if different, and a phone number you may be reached at. Revised 10/28/2016

Probation Information Revised 10/28/2016

Probation Intake A staff member of the probation department may contact you immediately following the hearing to: Determine if you have any questions about probation. Collect your signature and contact information on the probation conditions. Provide you a copy of the probation conditions. Obtain some additional information about you for your probation file. Give you further instructions concerning probation. Revised 10/28/2016

Probation Intake Should a probation staff member not be available in the courtroom after your hearing, and you are not in the custody of the Sheriff, you should report to the probation department on the fourth floor of this building. Revised 10/28/2016

Probation Introduction -Intrastate Transfer Intra-State Transfers: If you reside in Indiana but not in Wells County, you may be required to transfer your probation to the county of your residence. The receiving county will collect a transfer fee of $75. A probation officer will generally talk to you about transfer immediately after your hearing to complete the paperwork required for a transfer. If no probation officer is available, you may be required to return to the probation office at a later time to complete the transfer paperwork. Revised 10/28/2016

Probation Introduction -Interstate Transfers Interstate Transfers: If you reside outside Indiana at the time of sentencing, you will be required to transfer your probation to the state of your residence. A transfer fee of $125 is necessary for making application for interstate compact services. You may not leave the state of Indiana until the application process has been completed, including fee payment. Revised 10/28/2016

Probation Introduction -Interstate Transfers Certain offenders may not leave the state of Indiana without prior permission of the receiving state. A probation officer may answer your specific questions about interstate travel. Revised 10/28/2016

Probation Introduction - Home Detention If your sentence includes a period of home detention, you will be required to report to the Wells County Community Corrections office, located on the first floor, immediately after your sentencing hearing. If you have been pre-screened for home detention services, you will still be required to report to Community Corrections to complete the intake process. In most cases, home detention supervision is a condition of probation – that is, it both supervisions run concurrently. Revised 10/28/2016

Probation Conditions - Home Detention Unless otherwise determined by the Court, you will not be eligible for home detention services unless you have the set-up fees and daily fees for 30 days - all totaling $495.00 - paid in advance by the court-ordered begin date. Revised 10/28/2016

Probation Conclusion If you have any questions or concerns regarding any of these probation or home detention conditions or expectations, ask your attorney to bring up the question during the sentencing hearing. Revised 10/28/2016

Revised 10/28/2016