probation

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probation parole
module 7
Family Violence Protocol Integrated Training for
Law Enforcement, Social Services, and Advocates
Merced County Probation Department California
Department of Corrections and Rehabilitation
HSA-SAS mod7prob.ppt (6/07)
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Sections

• Probation
• Parole

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Probation
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Probation

• Terms and Conditions of Probation
• Domestic Violence Cases
• Sex Offense Cases
• Child Abuse Cases
• Domestic Violence Caseload
• Violations
• Terms and Conditions
• Arrest
• Factors in Arrest
• Disposition of Violations

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Probation

• Terms and Conditions of Probation

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Domestic Violence Cases

• PC 1203.097 mandates the following probation
  conditions for domestic violence
• Probation for a minimum of 36 months.
• An order not harass or threaten the victim.
• Pay a fine.
• Community service.
• 52-Week Batterers Treatment Program

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Sex Offense Cases

• PC 1203.067 mandates the following probation
  conditions for sex offenses
• 90-day placement at California Department of
  Corrections and Rehabilitation to determine
  suitability for probation.
• Psychological evaluation to determine if the
  defendant remains a threat
• Placement in an appropriate treatment program for
  sexual perpetrators, if one is available in the
  county.
• NOTE Merced County does not currently have a
  treatment program for sexual perpetrators.

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Child Abuse Cases

• PC 273a(c) mandates the following probation
  conditions for child abuse
• Probation term for a minimum of 48 months.
• An order not to harass or threaten the victim.
• Complete a 52 week Child Abuser Treatment
  Program.
• Submit to chemical testing if appropriate.

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Probation

• Domestic Violence Caseload

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Caseload

• 200 felony DV offenders on probation
• Over half banked caseload little if any
  supervision services.
• Maximum 40 are assigned to a specialized DV
  caseload.

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DV Caseload Specifications

• Between 25 and 40 felony offenders.
• Offenders with children and who live in Merced
  County.
• Offenders who continue to live with the victim
  and have children together are given first
  priority.

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Goals for the DV Offender

• Service plan within 30 days of initial contact.
• Referral to a batterers treatment program within
  30 days.
• One contact with the offender weekly.

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Goals for the DV Victim

• Plan for referrals/resources for the victim and
  the children within 30 days of initial contact.
• Meet with the victim in person monthly.

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Probation

• Violations

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Probation Terms and Conditions

• Penal Code mandates terms and conditions of
  probation for
• Domestic violence
• Sexual offense
• Child abuse cases
• Probation Officer is required to report probation
  violations to the Court.

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Arrest of Probationers

• Probation Officers has authority to arrest
  probationers for probation violations. PC
  1203.2(a)
• Generally the officer will arrest if there are
  significant probation violations.
• Arrest requires supervisory approval.

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Factors to consider prior to arrest

• Is there is a new offense?
• Are weapons involved?
• Is the victim particularly vulnerable?
• Is the probationer mentally stable?
• Is the probationer using controlled substances or
  alcohol?

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Disposition of Violations of Probation

• Reinstatement of probation with a jail term.
• Commitment to California Department of
  Corrections and Rehabilitation suspended and
  reinstatement on probation.
• Commitment to California Department of
  Corrections and Rehabilitation.

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Presented by
Module 7Parole and Probation
Presented by Rosa Ramirez Merced
County Probation Department Contact
Information Rosalva Ramirez
209-381-1383
Family Violence Protocol Integrated Training for
Law Enforcement, Social Services, and Advocates
?Probation ? Parole
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Parole
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Parole

• Statement
• Conditions of Parole
• Special Conditions of Parole - DV
• Violations of Parole
• Dustins Law
• Special Conditions of Parole - Child Abuse
• Violations of Parole - Child Abuse

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Statement

• The California Department of Corrections and
  Rehabilitation - CDCR, Division of Adult Parole
  Operations -DAPO, views domestic violence (DV) as
  a serious issue and procedurally acts with the
  protection of the victim and the community as the
  deciding factor regarding the status of the
  parolee and his/her conditions of parole
• California Department of Corrections and
  Rehabilitation, Division of Adult Parole
  Operations

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Conditions of Parole

• Parolees file is reviewed prior to parole date.
• Criminal history and social history are
  considered when determining special conditions of
  parole.
• Special conditions may include
• Mandated attendance and completion of Division of
  Adult Parole Operations or other approved anger
  management treatment program.
• Any other condition deemed necessary and
  justified by the Parole Agent and Unit Supervisor.

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Special Conditions of Parole - DV

• Special Conditions of Parole may include
• You will not contact your crime victim(s), their
  families, or friend(s). No contact means
  exactly that. No contact in any form, whether
  direct or indirect, personally, by telephone,
  letter, computer, or through another person. You
  cannot enter the premise, travel past, or loiter
  near where your victim is employed, resides,
  frequents, or attends classes.
• You will not threaten, stalk, sexually abuse,
  harass, or commit further violent acts against
  the victim.
• Failure to comply with these special conditions
  of parole could constitute a parole violation and
  a return to custody in State Prison.

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Violations of Parole

• Failure to sign and/or comply with Conditions of
  Parole results in a Parole Violation
• Any parolee who perpetrates an act of domestic
  violence is in violation of parole and faces
  sanctions up to and including a return to prison
• When LE responds to a DV call where a parolee is
  the perpetrator, notify State Parole for
• agent assistance
• additional information on the parolee or
• a PC 3056 Parole Hold
• forward a copy of the report to DAPO

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Dustins Law

• January 1999, the body of Dustin Haaland, a four
  year old boy who was allegedly killed by his
  parolee father was found in a vineyard in Fresno.
  The father had been convicted and incarcerated
  in State Prison for abusing the boys older
  brother. At that time CDCR was not obligated to
  notify Child Protective Services of his release.
  
• Under Dustins Law a parole agent must report to
  CPS if a parolee convicted of crimes against
  children contacts the victim or victims family,
  and the parole agency must also notify local law
  enforcement when such parolees are released.

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Special Conditions of Parole Child Abuse

• Special Conditions of Parole may include 
• You will not have contact with children under the
  age of 18 years.
• You will not be within 100 yards of the perimeter
  of any school or licensed day care facility, or
  places where children congregate
• You will immediately inform your parole agent
  regarding any contact with a minor whether it is
  "accidental" or not.
• You will not form a romantic interest or sexual
  relationship with anyone who has physical custody
  of a child under the age of 18 years.
• You will not possess any items that could be
  considered child lures such as children's
  clothing, toys, games, stuffed animals, etc.
• If you are a registered sex offender and have
  been released from custody on or after November
  8, 2006, you will not reside within 2000 feet of
  any public or private school with grades K-12 or
  any park where children are likely to congregate,
  per Proposition 83 Jessica's Law
• Failure to comply with these special conditions
  of parole could constitute a parole violation and
  a return to custody in State Prison.
•  

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Violations of Parole - Child Abuse

• Any parolee who perpetrates an act of child abuse
  is in violation of parole and faces sanctions up
  to an including a return to prison.
• When LE responds to a child abuse call where a
  parolee is the perpetrator, notify State Parole
  for
• agent assistance
• additional information on the parolee or
• a PC 3056 Parole Hold
• forward a copy of the report to DAPO
•  

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Module 7Parole and Probation
Presented by Raymond Lee California Department
of Corrections and Rehabilitation Contact
Information Raymond Lee Office
209-726-6513 extension 208   Cell
209-277-8921
Family Violence Protocol Integrated Training for
Law Enforcement, Social Services, and Advocates
?Probation ? Parole