VIOLATION PROCESS AND PROCEDURES

Once it has been determined that a violation of probation must be filed, the following steps should be followed.

1. The Violation of Probation - Statement of Charges form must be filled out using sample charging language appropriate to the violation. All information must be complete and accurate. Particular attention should be paid to completing the Reference (underlying) Docket numbers for this violation. Charges must be written clearly and detail the specifics of the
violation(s).

2. The Violation of Probation Summary form should be filled out and attached. This form should support the specific violation(s) and include details and supporting evidence. The “Opening Statement” should briefly address the probationer's current status in the court system and any
facts specific to this violation. The “Efforts to Gain Compliance” should address the probation officer's enforcement actions and the probationer's resultant behavior. The “Probation Adjustment” should summarize the probationer's adjustment with the other conditions of probation and compliance with the case plan. The “Officer's Statement and Recommendations” should be consistent with the facts of the case, the probationer's overall progress on probation and the underlying reasons for the Violation of Probation.

3. The completed forms must be reviewed and signed by the probation officer and then given to a supervisor for approval and signature.

4. The Violation of Probation – Statement of Charges should be docketed in the Family Court. Scheduling procedures may be different in each county. However, violations should be processed with minimal delay so as not to dilute the consequences of noncompliance with conditions of probation.

5. Whenever possible, the juvenile/parents should be noticed of the charges in person by the Probation Officer. If this is not possible, the notice may be sent registered or certified mail, return receipt requested.

6. Each County should also have a means for the expedient handling of emergent matters.