Probation Department Policy Manual

Total Page:16

File Type:pdf, Size:1020Kb

Probation Department Policy Manual Siskiyou County Probation Department Policy Manual 805 Juvenile Lane Yreka, CA 96097 530-841-4155 Updated: December 2019 Siskiyou County Probation Department – Policy Manual Table of Contents Table of Contents .............................................................................................................ii Chief’s Preface ................................................................................................................ 1 Law Enforcement Code of Ethics: ................................................................................... 1 Mission, Vision and Values: ............................................................................................ 2 100 - Policy Manual ......................................................................................................... 3 101 - Goals and Objectives ............................................................................................. 7 102 - Organizational Values ............................................................................................ 9 103 - Policy, Procedure, and the Law............................................................................ 12 104 - Departmental Directive ......................................................................................... 13 105 - Working Hours and Off-Duty Telephone Calls ..................................................... 14 107 - Lunch and Breaks ................................................................................................ 16 108 - Sick Leave for Permanent FTE and Extra Help Employees ................................. 18 109 - Vacation, Administrative Leave, and Floating Holidays ........................................ 24 110 - Confidentiality of Case Work ................................................................................ 25 111 - Use of Private Vehicles ........................................................................................ 32 112 - Electronic Communication Usage Policy (County Policy) .................................... 33 200 - General Statement on Workload Protocol ............................................................ 41 201 - Sign-Out Board .................................................................................................... 42 202 - Desk and Office Space Areas .............................................................................. 43 203 - Personal Visits and Phone Calls .......................................................................... 44 204 - Officer of the Day Duties ...................................................................................... 45 205 - Case Notes .......................................................................................................... 46 206 - Case Files ............................................................................................................ 47 207 - Court Document Filing Deadlines......................................................................... 48 208 - Management/Supervisor Signatures on Court Documents .................................. 49 209 - Correspondences with Adjunct Agencies ............................................................. 51 210 - Other Agency Relationships ................................................................................. 52 211 - Superior Court Relations ...................................................................................... 53 212 - Relationship with Child Protective Services (CPS) and Dependent Children ....... 54 ii Siskiyou County Probation Department – Policy Manual 213 - Outside Inquiries .................................................................................................. 55 214 - Records Maintenance and Release ..................................................................... 56 216 - Destruction of Probation Files: ............................................................................. 65 217 - Use of Interns ....................................................................................................... 66 300 - Policy Statement on Scope and Authority of Probation Officers:.......................... 67 301 - Deputy Probation Officer Qualifications ............................................................... 69 302 - Job Applications and Interviews ........................................................................... 71 303 - Background Investigations ................................................................................... 72 304 - Oath of Office ....................................................................................................... 74 305 - Policy Statement on Probationary Employment Periods: ..................................... 75 306 - Driver's License .................................................................................................... 76 307 - Employee Conduct ............................................................................................... 77 308 - Intoxicants ............................................................................................................ 78 370 - Policy Statement on Promotions: ......................................................................... 79 375 - Policy Statement on Problem Resolution and Grievances: .................................. 80 380 - Policy Statement on Contracting for Services and Supplies: ............................... 81 385 - Policy Statement on Placement of Foster Children: ............................................. 82 390 - Policy Statement on Fitness for Duty: .................................................................. 83 395 - Policy Statement on Department Employee Speech, Expression and Social Networking: ................................................................................................................... 86 400 - Policy Statement on Department Dress Code: ..................................................... 87 401 - Performance Evaluations ..................................................................................... 89 407 - Policy Statement on Training Requirements: ....................................................... 90 425 - Policy Statement on Personal Vehicle Parking .................................................... 92 500 - Purchasing Policy and Procedure ........................................................................ 93 507 - Handcuffing and Restraints .................................................................................. 96 516 - Policy Statement on Taking Work Home: ............................................................. 99 520 - Policy Statement on Filing Paperwork in Case Files: ......................................... 100 527 Threats/Danger to Employees and Others ........................................................... 101 532 - Client Relationships and Prohibited Associations .............................................. 102 565 - Canines .............................................................................................................. 104 iii Siskiyou County Probation Department – Policy Manual 566 - Canine-Departmental Relations ......................................................................... 125 603 - Motor Vehicles ................................................................................................... 128 615 - Policy Statement on Media and Public Relations: .............................................. 131 606 - Cellular/Smart Phones ....................................................................................... 132 700 - Policy Statement on County Property, Equipment, and Supplies: ...................... 133 715 - Policy Statement on Radio Communications: .................................................... 134 725 - Policy Statement on Identification Cards and Badges: ....................................... 135 795 - Policy Statement on Return of Department-Issued Equipment: ......................... 136 810 - Policy Statement on Travel ................................................................................ 137 806 - On the Job Injuries and Worker's Compensation ............................................... 140 815 - Policy Statement on Out-Of-County/State Travel: .............................................. 142 820 - Staff in Need of Mental Health Assistance ......................................................... 143 828 - Work Assignments and Transfer Requests ........................................................ 145 842 - Personal Appearance Standards ....................................................................... 147 853 - Employee Speech, Expression and Social Networking ...................................... 149 905 - Policy Statement on Use of Force for Field Officers: .......................................... 154 910 – Firearms ............................................................................................................ 158 915 – Search and Seizure ........................................................................................... 184 920 – Forced Entry ...................................................................................................... 186 925 – Handcuffs .......................................................................................................... 187 930 – Transporting in Custody .................................................................................... 188 935 – Use of Body Armor ...........................................................................................
Recommended publications
  • Privatizing Probation and Parole
    Privatizing Probation and Parole by Morgan O. Reynolds NCPA Policy Report No. 233 June 2000 ISBN #1-56808-089-1 web site: www.ncpa.org/studies/s233/s233.html National Center for Policy Analysis 12655 N. Central Expwy., Suite 720 Dallas, Texas 75243 (972) 386-6272 Executive Summary One out of fifty adults free on the streets today is a convicted criminal released on probation or parole. That’s 4.1 million people “under government supervision,” and a majority are convicted felons. Some 50,000 government bureaucrats supervise these probationers and parolees. The probation and parole systems have many problems, especially the fact that many of those released commit loathsome crimes. ● Criminals under government supervision commit 15 murders a day. ● Nearly four out of 10 people arrested for a felony crime are already out on probation, parole or pretrial release from a prior conviction or arrest. ● One in 10 probationers and parolees “abscond.” This year state and federal prisons will release 600,000 convicts, 38 percent more than in 1990, because of the enormous increase in the prison population over the last decade. Most are released on parole or other supervision because they have not served their full sentence. The probation and parole systems could be made more effective and efficient by enlisting the private sector. Those released on probation (nonincarceration) or released early from prison could be required to post a financial bond guaranteeing behavior in accord with terms of the release. If individual accountability is the answer to crime, then it must include the most powerful kind of accountability: financial responsibility.
    [Show full text]
  • Revocation of Probation and Supervised Release | October 2004
    OFFICE OF DEFENDER SERVICES TRAINING BRANCH Administrative Office of the United States Courts One Columbus Circle, NE, Suite G-430 Washington, DC 20544 (800) 788-9908 www.fd.org REVOCATION OF PROBATION AND SUPERVISED RELEASE Frances H. Pratt* October 2004 INTRODUCTION This outline addresses revocation of probation and supervised release. Revocation of probation and revocation of supervised release are, in many ways, treated identically. See, e.g.,Fed.R. Crim. P. 32.1 (entitled “Revocationor Modification of Probation or Supervised Release”); U.S.S.G. Ch. 7, Pt. B (entitled “Probation and Supervised Release Violations”); id. intro. comment. (“Because these policy statements focus on the violation of the court-ordered supervision, this chapter, to the extent permitted by law, treats violations of the conditions of probation and supervised release as functionally equivalent.”). However, the statutory provisions concerning sentencing for each differ in some significant ways. Consequently, this outline is organized as follows: Part I addresses the issues common to both revocationof probation and revocation of supervised release. Part II focuses on those issues peculiar to probation revocation, and Part III onthose issues peculiar to supervised release revocation. (For another take on many of the same issues, see U.S. Sentencing Commission, Office of General Counsel, Probation and Supervised Release Violations (February2002),available at http://www.ussc.gov/training/educat.htm; for an article written for probation officers, see David N. Adair, Jr., Revocation Sentences: A Practical Guide, Fed. Probation, Dec. 2000, at 67.) * Ms. Pratt was a staff attorney with the Defender Services Division Training Branch from July 1995 to March2002.
    [Show full text]
  • Probation in the United States
    robation Part I P Editor’s note: This is the first part of a two part article. Part two of this article will appear in the Perspectives Summer 1998 issue. robation is the most common form of criminal sentencing in the United States. It is commonly defined as: A court-ordered disposition alternative through which an adjudicated offender is placed under the control, supervi- in sionP and care of a probation staff member in lieu of imprisonment, so long as the probationer meets certain standards of contact (American Correctional Association 1995). The Bureau of Justice Statistics reports that just over 3 million adults were under state or federal probation at year-end 1995, and that probationers make up 58 percent of all adults under correctional supervision (BJS 1996). In fact, the number of persons on probation is so large that the U.S. Department of Justice estimates that, on any one day, nearly 2 percent of all U.S. adult citizens are under probation supervision. And the the population continues to rise—increasing 4 percent in 1994, and almost 300 per- cent over the past ten years (BJS 1996). Despite its wide usage, probation is often the subject of intense criticism. It suffers from a “soft on crime” image, and as a result, maintains little public support. Probation is often depicted as permissive, uncaring about crime victims, and blindly advocating a rehabilitative ideal while ignoring the reality of violent, predatory criminals. Their poor (and some believe, misunderstood) public image leaves them unable to compete effectively for scarce public funds. Nationally, community corrections re- United ceives less than 10 percent of state and local government expenditures for corrections, even though they supervise two out of three correctional clients (Petersilia 1995b).
    [Show full text]
  • Reducing Recidivism: People on Parole and Probation
    California State University, San Bernardino CSUSB ScholarWorks Electronic Theses, Projects, and Dissertations Office of aduateGr Studies 7-2020 REDUCING RECIDIVISM: PEOPLE ON PAROLE AND PROBATION Noe George Gutierrez California State University - San Bernardino Follow this and additional works at: https://scholarworks.lib.csusb.edu/etd Part of the Criminology and Criminal Justice Commons Recommended Citation Gutierrez, Noe George, "REDUCING RECIDIVISM: PEOPLE ON PAROLE AND PROBATION" (2020). Electronic Theses, Projects, and Dissertations. 1120. https://scholarworks.lib.csusb.edu/etd/1120 This Project is brought to you for free and open access by the Office of aduateGr Studies at CSUSB ScholarWorks. It has been accepted for inclusion in Electronic Theses, Projects, and Dissertations by an authorized administrator of CSUSB ScholarWorks. For more information, please contact [email protected]. REDUCING RECIDIVISM PEOPLE ON PAROLE AND PROBATION A Project Presented to the Faculty of California State University, San Bernardino In Partial Fulfillment of the Requirements for the Degree Master of Social Work by Noe George Gutierrez July 2020 REDUCING RECIDIVISM PEOPLE ON PAROLE AND PROBATION A Project Presented to the Faculty of California State University, San Bernardino by Noe George Gutierrez July 2020 ApProved by: Teresa Morris, Faculty SuPervisor, Social Work Armando Barragan, M.S.W. Research Coordinator © 2020 Noe Gutierrez ABSTRACT Continuing criminal justice aPProaches have led to Persistent recidivism among Parolees and Probationers. This study investigates the observed influence recidivism has on individuals on Parole and Probation. This research Project aimed to shed more light on the attitudes of Parolees and Probationers and to Provide more insight into recidivism and its contributing factors.
    [Show full text]
  • Rules of Executive Clemency
    RULES OF EXECUTIVE CLEMENCY TABLE OF CONTENTS RULES: 1. STATEMENT OF POLICY 2. ADMINISTRATION 3. PAROLE AND PROBATION 4. CLEMENCY I. Types of Clemency A. Full Pardon B. Pardon Without Firearm Authority C. Pardon for Misdemeanor D. Commutation of Sentence E. Remission of Fines and Forfeitures F. Specific Authority to Own, Possess, or Use Firearms G. Restoration of Civil Rights in Florida II. Conditional Clemency 5. ELIGIBILITY A. Pardons B. Commutations of Sentence C. Remission of Fines and Forfeitures D. Specific Authority to Own, Possess, or Use Firearms E. Restoration of Civil Rights under Florida Law 6. APPLICATIONS A. Application Forms B. Required Supporting Documents C. Optional Supporting Documents D. Applicant Responsibility E. Failure to Meet Requirements F. Notification 7. APPLICATIONS REFERRED TO THE FLORIDA COMMISSION ON OFFENDER REVIEW 8. COMMUTATION OF SENTENCE A. Request for Review B. Referral to the Florida Commission on Offender Review C. Notification D. § 944.30 Cases E. Domestic Violence Case Review 9. AUTOMATIC RESTORATION OF CIVIL RIGHTS UNDER FLORIDA LAW WITHOUT A HEARING FOR FELONS WHO HAVE COMPLETED ALL TERMS OF SENTENCE PURSUANT TO AMENDMENT 4 AS DEFINED IN § 98.0751(2)(a), Fla. Stat. (2020) A. Criteria for Eligibility B. Action by Clemency Board C. Out-of-State or Federal Convictions 10. RESTORATION OF CIVIL RIGHTS UNDER FLORIDA LAW WITH A HEARING FOR FELONS WHO HAVE NOT COMPLETED ALL TERMS OF SENTENCE PURSUANT TO AMENDMENT 4 AS DEFINED IN § 98.0751(2)(a), Fla. Stat. (2020) A. Criteria for Eligibility B. Out-of-State or Federal Convictions 11. HEARINGS BY THE CLEMENCY BOARD ON PENDING APPLICATIONS A.
    [Show full text]
  • The Application of Constitutional Standards of Protection to Probation*
    THE APPLICATION OF CONSTITUTIONAL STANDARDS OF PROTECTION TO PROBATION* HE NZ R. HiNKt N SEARCHING for legal standards for the protection of persons con- victed of a criminal offense three procedural stages following conviction have to be considered: sentence, probation, and parole.' Until recently students of public law, political scientists and lawyers alike, have neglected these aspects of criminal procedure. Responsibility for the conceptual ex- ploration of these areas has been assumed by criminologists and persons inter- ested in penal reform. The traditional concern of the public law profession for the protection of individual rights has expressed itself in vigorous attention to the constitutional safeguards of a person accused of a crime. Committed to the Bill of Rights, the due process and equal protection clauses of the four- teenth amendment, and corresponding provisions in state constitutions, stu- dents of public law have closely followed-and at times have stimulated- judicial interpretation of such constitutional rights as freedom from arbitrary arrest, from unlawful search and seizure, from excessive bail; the right to proper notice and to a fair and impartial trial, to trial by jury, to the assistance of counsel;2 and the constitutional protection against ex post facto laws, cruel and unusual punishment, and double jeopardy. * This article is based on ideas originally set forth in a paper delivered at the annual meeting of the Western Political Science Association, Berkeley, California, April 1960. The author wishes to express his gratitude to his co-panelist, Professor Ned V. Joy, of San Diego State College, for a stimulating interchange of ideas. t Associate Professor of Political Science, Arizona State University.
    [Show full text]
  • Forfeitures and the Eighth Amendment
    UIdaho Law Digital Commons @ UIdaho Law Faculty Scholarship Summer 2017 Forfeitures and the Eighth Amendment: A Practical Approach to the Excessive Fines Clause as a Check on Government Seizures David Pimentel University of Idaho College of Law, [email protected] Follow this and additional works at: https://digitalcommons.law.uidaho.edu/faculty_scholarship Part of the Constitutional Law Commons Recommended Citation 11 Harv. L. & Pol'y Rev. 541 (2017) This Article is brought to you for free and open access by Digital Commons @ UIdaho Law. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Digital Commons @ UIdaho Law. Forfeitures and the Eighth Amendment: A Practical Approach to the Excessive Fines Clause as a Check on Government Seizures David Pimentel* INTRODUCTION After forty-nine years working the sugar plantations in Hawai'i, Joseph Lopes retired with his wife Frances in a modest home they had managed to buy with the fieldwork earnings.' Their adult, mentally disabled son Thomas lived with them.2 The Pittsburgh Press recounted their story: For a while, Thomas grew marijuana in the back yard-and threatened to kill himself every time his parents tried to cut it down. In 1987, the police caught Thomas, then 28. He pleaded guilty, got probation for his first offense and was ordered to see a psychologist once a week. He has, and never again has grown dope or been arrested. The family thought the episode was behind them. But [four years later], a detective scouring old arrest records for forfeiture opportunities realized the Lopes house could be taken away because they had admitted they knew about the marijuana.3 Federal drug agents subsequently paid Joseph and Frances Lopes a visit and claimed their home for the U.S.
    [Show full text]
  • Admissibility of Evidence in Probation/Parole Revocation Proceedings and in Criminal Prosecutions: Applying a Single Standard
    Fordham Law Review Volume 50 Issue 5 Article 7 1982 Admissibility of Evidence in Probation/Parole Revocation Proceedings and in Criminal Prosecutions: Applying a Single Standard Steven Monteforte Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Steven Monteforte, Admissibility of Evidence in Probation/Parole Revocation Proceedings and in Criminal Prosecutions: Applying a Single Standard, 50 Fordham L. Rev. 936 (1982). Available at: https://ir.lawnet.fordham.edu/flr/vol50/iss5/7 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. ADMISSIBILITY OF EVIDENCE IN PROBATION/PAROLE REVOCATION PROCEEDINGS AND IN CRIMINAL PROSECUTIONS: APPLYING A SINGLE STANDARD INTRODUCTION Federal and state courts have uniformly acknowledged that proba- tioners and parolees1 are entitled to some fourth amendment protec- tion against unreasonable searches.2 Because of differing views 3 on 1. A probationer is an offender who is "sentenced to remain in the community, under supervision, in lieu of being incarcerated." A. Smith & L. Berlin, Introduction to Probation and Parole 3 (2d ed. 1979). A parolee is released from incarceration before completion of his sentence and placed under supervision in the community. See Morrissey v. Brewer, 408 U.S. 471, 477 (1972). "in the U.S. Federal government, probation and parole are handled by the same agency, and officers handle probation and parole cases simultaneously." A.
    [Show full text]
  • Application for Pardon After Probation, Parole Or Discharge
    CFJ-515A Rev. 6/2021 MICHIGAN DEPARTMENT OF CORRECTIONS OFFICE OF THE PAROLE BOARD APPLICATION FOR PARDON AFTER PROBATION, PAROLE OR DISCHARGE I hereby petition the Governor, as provided by law, for a pardon for the following conviction(s) in the State of Michigan and submit the following information in support of this application: 1. Name: ___________________________________________ Telephone #: (_____)______- ________ Address: __________________________________________________________________________ Marital Status: ( ) Married ( ) Divorced ( ) Single ( ) Widowed Number of Dependents: ______ 2. * Date of Birth: ___________ Place of Birth: _________________ U.S. Citizen: ( ) Yes ( ) No SS#: _____-____-_____ Sex: ( )Male ( )Female Race: ________ Michigan Prison #: _________ (* Information under question # 2 above used for identification and statistical purposes only) 3. Pursuant to statute, if you have been convicted of not more than one offense you may file an application with the convicting Court for the entry of an order setting aside the conviction. A person is not rendered ineligible for filing an application if they have also been convicted of not more than 2 minor offenses in addition to the offense for which the person files an application. “Minor Offense” means a misdemeanor or ordinance violation for which the maximum permissible imprisonment does not exceed 90 days, for which the maximum permissible fine does not exceed $1,000.00, and that it is committed by a person who is not more than 21 years of age. Have you reviewed the statutory criteria in 1965 PA 213, MCL 780.621 - MCL 780.624, seeking expungement/setting aside of the conviction of that crime? ( ) Yes ( ) No (Statutes can be found on the Michigan Legislative website at www.michiganlegislature.org) 4.
    [Show full text]
  • Sexual Offender Registration and Monitoring Program Rules
    RULES OF TENNESSEE BUREAU OF INVESTIGATION CHAPTER 1395-1-5 SEXUAL OFFENDER REGISTRATION AND MONITORING PROGRAM TABLE OF CONTENTS 1395-1-5-.01 Purpose and Scope 1395-1-5-.05 Sexual Offender and Registration Monitoring Process 1395-1-5-.02 Definitions 1395-1-5-.06 Record System 1395-1-5-.03 Sexual Offender Registration and Monitoring 1395-1-5-.07 Removal from Registration and Monitoring Program in General Requirements 1395-1-5-.04 Monitoring Form Requirements 1395-1-5-.08 Violations- Penalties 1395-1-5-.01 PURPOSE AND SCOPE. The purpose of the program has been found to be regulatory, not punitive. It has been held that the program addresses legitimate concerns of law enforcement about sex offenders. Cutshall v. Sundquist, 193 F. 3d 466 (6th Cir. 1999). As an independent department, TBI has been charged with the responsibility of administering and maintaining the program, which is civil and remedial in nature. Only those offenders who meet the statutory definition of “sexual offender” can be registered, regardless of court orders to the contrary. Information contained in the registry should not be used to injure, harass, or commit a criminal act against any person named in the registry; any such action could result in criminal prosecution. Authority: T.C.A. §40-39-101. Administrative History: Original rule filed December 19, 2001; effective April 30, 2002. 1395-1-5-.02 DEFINITIONS. (1) Acknowledgment Form - A form provided by the TBI to agencies for the purpose of confirming that the sexual offender understands the requirements and penalties involved in the sexual offender registration/ monitoring process.
    [Show full text]
  • Probation Unit Supervisor
    PROBATION UNIT SUPERVISOR DEFINITION Under direction, performs responsible supervisory work in overseeing a unit of Probation Officers. DISTINGUISHING CHARACTERISTICS This is the supervisor level in the Probation Officer series. Incumbents of this class supervise a unit of Probation Officers and perform related administrative and technical work. This class is distinguished from Probation Officer III in that incumbents of the latter class perform intensive casework or special functions, may supervise paraprofessional staff or act as lead worker over other Probation Officers, but would not supervise a unit of several Probation Officers as major job assignment. REPORTS TO Chief Probation Officer and/or Deputy Chief Probation Officer CLASSIFICATIONS SUPERVISED Deputy Probation Officers I, II, III and Probation Aides EXAMPLES OF DUTIES Plans, assigns, supervises and evaluates the work of subordinate Probation Officers and other staff; reviews case histories and approves recommendations on juvenile and adult referrals; advises officers on difficult or unusual circumstances. Trains new officers in court procedures, interviewing techniques and other aspects of probation work; interprets and explains departmental policies and procedures to subordinate staff. Attends court sessions to observe and evaluate performance, and to ensure that court orders are carried out; may present cases or provide additional information. Identifies staffing and other budget needs; may prepare budget requests for review by management. Confers with department management;
    [Show full text]
  • Indiana Special Probation Conditions for Adult Sex Offenders
    INDIANA SPECIAL PROBATION CONDITIONS FOR ADULT SEX OFFENDERS The Monroe Circuit Court hereby imposes the following special probation conditions upon defendant in Case No. 53C02 . The special conditions checked below apply to you as a result of your sex offense conviction and should be initialed by you after you have read these conditions or after these conditions have been read to you. Violation of any of the special conditions checked below can result in revocation of your probation and incarceration. CHECK ALL STATUTORY CONDITIONS THAT APPLY: Ordered Defendant By Court Initials 1. Applies only to sexually violent predators: A sex offender who is a sexually violent predator (as defined in IC 35-38-1-7.5) shall register with local law enforcement authorities within seventy-two (72) hours of being released to probation in accordance with IC 11-8-8-7(h) and shall comply with all other registration requirements. *Required as a condition of probation by IC 35-38-2-2.2(1). 2. Applies only to sex offenders who are NOT sexually violent predators: You shall register with local law enforcement authorities as a sex offender within seven (7) days of being released to/placed on probation in accordance with IC 11-8-8-7(g) and shall comply with all other registration requirements. *Required as a condition of probation by IC 35-38-2-2.2(1). 3. Applies only to “offenders against children” as defined in IC 35-42-4-11(a) (1) & (2), including sexually violent predators. You shall not reside within one thousand (1,000) feet of school property, a youth program center, or a public park and you shall not establish a residence within one (1) mile of the victim of your sex offense in accordance with IC 35-42-4-11(c).
    [Show full text]