REPORTING VIOLATIONS OF PROBATION OFFICE OF COMMUNITY CORRECTIONS.

REPORTING VIOLATIONS OF PROBATION

OFFICE OF COMMUNITY CORRECTIONS

PURPOSE

The purpose of this briefing is to

explain the role of the zero tolerance policy in promoting and providing

public safety

STANDARD CONDITIONS OF SUPERVISION

• Section 948.03, Florida Statutes and Rules of Criminal Procedure provide standard conditions of supervision

• Section 948.30, Florida Statutes provide additional standard conditions of supervision for specified sex offenders

PROBATION OFFICER RESPONSIBILITIES

1. Supervise offenders2. Enforce the

conditions of supervision

3. Make referrals for treatment, employment, education, and other resources to reduce recidivism

PROBATION OFFICER RESPONSIBILITIES

4. 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

PROBATION OFFICER RESPONSIBILITIES

6. Report non-compliance to the court of jurisdiction or Florida Parole Commission

7. 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

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.

TECHNICAL VIOLATIONS

A 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

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

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.

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.

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.

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

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.

• 2007 - Court officers have been re-established to assist

courts with more timely resolution of violation hearings.

Number of Technical Violations per 1000 Probationers

March 2003

March 2006

10

20

30

40

50

60

70

September 2004

22%

DECLINE

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:

1. Extending the term of supervision

2. Adding additional conditions to the supervision

3. Reinstating the supervision, with time served in the county jail as the penalty

ZERO TOLERANCE

Zero Tolerance:• 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