1. REPORTING VIOLATIONS OF PROBATION
OFFICE OF COMMUNITY CORRECTIONS

2. The purpose of this briefing is to
explain the role of the zero tolerance policy in promoting and providing public safety

3. STANDARD CONDITIONS OF SUPERVISION
Section , Florida Statutes and Rules of Criminal Procedure provide standard conditions of supervision
Section , Florida Statutes provide additional standard conditions of supervision for specified sex offenders

4. PROBATION OFFICER RESPONSIBILITIES
Supervise offenders
Enforce the conditions of supervision
Make referrals for treatment, employment, education, and other resources to reduce recidivism

5. PROBATION OFFICER RESPONSIBILITIES
Make field visits to offender’s residences, employment sites, and other locations to verify residence and employment
5. Complete investigations that are used by other criminal justice agencies

6. PROBATION OFFICER RESPONSIBILITIES
Report non-compliance to the court of jurisdiction or Florida Parole Commission
Monitor monetary obligations:
Victim Restitution
Fines and Court Costs
Cost of Supervision
8. In supervising offenders, officers are responsible to protect public safety by following the law, working within Department of Corrections policies and applying judgment

7. TYPES OF VIOLATIONS
New arrests – All new arrests or filed charges must be reported to the court or Florida Parole Commission via a violation report, warrant and affidavit.
Technical violations – Violation of a standard or special condition of supervision, excluding a new arrest or charge filed.

8. TECHNICAL VIOLATIONS
A technical violation for one offender may be more serious due to the following factors:
Type of supervision
Current offense
Prior record and/or history of violence
Current progress on supervision with treatment and overall compliance with all conditions of supervision
Stability of residence, employment
Prior supervision history (Previously absconded or violated with technical violations or a new arrest)
Mental condition of offender

9. WARRANTLESS ARRESTS
An arrest of an offender without a warrant signed by a judge when:
An offender could be a threat to the community
Sex offender who changed residence without permission
Sex offender who has violated conditions of supervision and may be a threat to the community
Offenders physically taken into custody by law enforcement agency and transported to county jail

10. REPORTING VIOLATIONS
Officers must report all known willful violations and new arrests to the court or Florida Parole Commission.
Willful is defined as a violation of supervision where the offender has not made reasonable efforts to comply with the conditions of supervision.
Documentation for new arrests and technical violations may include a violation report, warrant, affidavit and technical violation letter.

11. METHOD OF REPORTING VIOLATIONS
March 2004 – Implemented use of “Technical Violation Notification Letter” as an alternative method of notifying the court or Florida Parole Commission of specified technical violations.
Requires the court’s permission and guidelines as to which technical violations may be reported in this manner.

12. TECHNICAL VIOLATION NOTIFICATION LETTERS
Out of 67 counties, 36 counties have approved the use of the “Technical Violation Notification Letter.”
Some courts currently use the “Notice to Appear” hearing notice for certain technical violations in lieu of signing warrants for the offender’s arrest on a violation.

13. ORIGIN OF ZERO TOLERANCE POLICY
March 2003 – Department announced zero tolerance policy due to inconsistencies found statewide in reporting violations on Community Control offenders
June 2003 – Community Control procedures revised to reflect zero tolerance policy
March 2004 – Extended zero tolerance policy to all offenders on supervision

14. CHANGES TO ZERO TOLERANCE POLICY
March 2006 – Secretary McDonough’s memo to staff emphasized the need for officers to use their skills and experience to investigate violations and outline circumstances surrounding violations to determine if willful before submitting a violation to the court or commission.
May 2006 – “Reporting Violations” procedure revised to reflect “willful violation” definition and additional instructions to ensure violations are investigated and substantiated.
Court officers have been re-established to assist courts with more timely resolution of violation hearings.

15. Number of Technical Violations per 1000 Probationers
22%
DECLINE
March 2003
September 2004
March 2006

16. ZERO TOLERANCE
OPPAGA states that 58% of all technical violation hearings end with the result of “No Penalty.”
The “No Penalty” definition that OPPAGA uses is a misnomer.
Judges could have modified the probation by:
Extending the term of supervision
Adding additional conditions to the supervision
Reinstating the supervision, with time served in the county jail as the penalty

17. ZERO TOLERANCE Zero Tolerance: Zero Tolerance does not:
Addresses violations quickly and consistently statewide
Directs probation officers to determine and report willful violations
Prevents future crimes by immediately addressing non-compliance
Allows courts to decide on additional sanctions
Zero Tolerance does not:
Incarcerate offenders for minor discrepancies
Remove responsibility from courts for addressing violations