HSA-SAS mod7prob.ppt (6/07)

probation & paroleMerced County Probation Department

California Department of Corrections and Rehabilitation

module 7Family Violence Protocol

Integrated Training for Law Enforcement, Social Services, and Advocates

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Sections

ProbationParole

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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 Batterer’s 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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Domestic Violence

Caseload

Probation

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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 batterer’s 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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Violations

Probation

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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 byPresented by:Rosa RamirezMerced County

Probation Department

Contact Information: Rosalva Ramirez 209-381-1383

Family Violence ProtocolIntegrated Training for Law Enforcement, Social Services, and Advocates

Module 7Parole and Probation

►Probation ► Parole

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Parole

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Parole Statement Conditions of Parole Special Conditions of Parole - DV Violations of Parole Dustin’s 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

Parolee’s 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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Dustin’s 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 boy’s older brother. At that time CDCR was not obligated to notify Child Protective Services of his release.

Under Dustin’s Law a parole agent must report to CPS if a parolee convicted of crimes against children contacts the victim or victim’s 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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Presented by:Raymond LeeCalifornia Department of Corrections and Rehabilitation

Contact Information: Raymond Lee Office 209-726-6513 extension 208   Cell 209-277-8921

Family Violence ProtocolIntegrated Training for Law Enforcement, Social Services, and Advocates

Module 7Parole and Probation

►Probation ► Parole