Probation Department Policy/Procedure Manual

1.23 Sanctions Response System

Location Division Wide
Section N/A
Subject 1.23 Sanctions Response System
Purpose
Effective Date 5/1/2019
Previous Effective Date

 

Definitions:

  1. Sanctions: types of responses to behaviors or technical violations of post release community supervision a probation officer may impose without formal Court intervention.
  2. Low Behavior/Violations: a technical violation that is relatively minor in nature and does not pose a risk to public safety or safety to victims.
  3. Moderate Behavior/Violations: a technical violation that is more serious in nature than a minor violation or one that constitutes a new non-violent misdemeanor, but does not present a situational risk to persons or property.  A second or subsequent minor violation may be treated as a moderate violation.
  4. Serious Behavior/Violations: a new felony offense or violent misdemeanor offense; repeated moderate behavior/violations that present a situational risk to persons or property; possession of a firearm or other weapon; and failure to register as a sex offender or failure to enroll into sex offender treatment

Statutory Authority:

Penal Code Section 3454: Mandates the use of immediate and appropriate sanctions for alleged violations including the use of flash incarceration for up to ten (10) consecutive days without a formal Court hearing for violations of post release community supervision. 

Penal Code Section 3455: Authorizes the revocation of post release community supervision when intermediate sanctions are not appropriate.  The Court may impose up to 180 days in the County Jail for revocations.                 

Protocol:

  1. When a post release offender fails to comply with the terms and conditions of post release supervision, the probation officer shall impose one or more sanctions prior to imposing flash incarceration or filing a post release revocation petition, unless the nature and circumstances of the violation present a situational risk to persons or property.
  1. The probation officer shall use the PRCS Sanctions Response Grid to assist him/her in the application of sanction.  The grid is meant as a structured guideline for the type of response to be used for a given sanction and the offender’s risk level.
  1. Probation officers and supervisors are expected to use their professional training and experience to impose an appropriate sanction for the given violation.  To determine the seriousness of the violation, the following should be considered:
    1. Did the violation behavior have an impact on the victim(s) and/or witness(es) of the underlying offense(s)? Contact with the victim should be considered either a MODERATE violation for indirect contact, or a SERIOUS violation for direct contact, especially if victim(s) felt intimidated or threatened.
    2. Did the violation behavior have an impact on public safety?  Risk to public safety moves the violation into the MODERATE or SERIOUS categories.
    3. How was the violation behavior related to the behavior that led to the underlying and/or past offense(s)? 
    4. Frequency of post release supervision violations.
    5. Duration of time over which the violation(s) occurred.
    6. Overall compliance with the case plan, and conditions of post release supervision
  2. Probation officers should document in Monitor the type and nature of the violation and the sanction(s) imposed to resolve the violation in the journal notes.
  1. Probation officers will take into custody and bring a post release supervision offender before the Court in order to enforce compliance with statutory conditions special conditions or Court-ordered conditions when:
    1. It is in the interest of public, victim, or offender safety; or
    2. Lesser sanctions have failed; or

When the offender is convicted of new criminal offense and it presents a situational risk to the persons or property.