Presentation on theme: "REPORTING VIOLATIONS OF PROBATION"— Presentation transcript:
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 supervisionSection , Florida Statutes provide additional standard conditions of supervision for specified sex offenders
4 PROBATION OFFICER RESPONSIBILITIES Supervise offendersEnforce the conditions of supervisionMake 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 employment5. 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 CommissionMonitor monetary obligations:Victim RestitutionFines and Court CostsCost of Supervision8. 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 VIOLATIONSNew 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 VIOLATIONSA technical violation for one offender may be more serious due to the following factors:Type of supervisionCurrent offensePrior record and/or history of violenceCurrent progress on supervision with treatment and overall compliance with all conditions of supervisionStability of residence, employmentPrior supervision history (Previously absconded or violated with technical violations or a new arrest)Mental condition of offender
9 WARRANTLESS ARRESTSAn arrest of an offender without a warrant signed by a judge when:An offender could be a threat to the communitySex offender who changed residence without permissionSex offender who has violated conditions of supervision and may be a threat to the communityOffenders physically taken into custody by law enforcement agency and transported to county jail
10 REPORTING VIOLATIONSOfficers 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 offendersJune 2003 – Community Control procedures revised to reflect zero tolerance policyMarch 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%DECLINEMarch 2003September 2004March 2006
16 ZERO TOLERANCEOPPAGA 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 supervisionAdding additional conditions to the supervisionReinstating 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 statewideDirects probation officers to determine and report willful violationsPrevents future crimes by immediately addressing non-complianceAllows courts to decide on additional sanctionsZero Tolerance does not:Incarcerate offenders for minor discrepanciesRemove responsibility from courts for addressing violations