Probation Department Policy/Procedure Manual

4.9 Graduated Sanctions

Location Juvenile Services - Division Wide
Section N/A
Subject 4.9 Graduated Sanctions
Purpose The purpose of this procedure is to outline the imposition of graduated sanctions in response to technical violations of probation in lieu of filing a formal notice of violation petition with the Juve
Effective Date 5/7/2013
Previous Effective Date 11/1/2022

 

APPLICABILITY/ACCESSIBILITY

All Division staff engaged in direct or indirect case management shall have access to and adhere to this procedure and process.

DEFINITIONS                                                       

Graduated Sanctions: Community-based interventions utilizing a multi-level matrix, imposed upon offenders who violate conditions of probation in lieu of a formal violation of probation process.

Level 1, 2, 3 Sanctions:  Graduated responses that provide clear guidance and consistency to staff as they respond to technical violations. Sanctions are progressive in nature and commensurate with the level of offender risk and nature of violation beginning at level 1 and progressing to level 3.

Level 1, 2, 3 Violations:  Progressive levels of technical violations based on the severity of behavior.  Level 1 is the lowest severity of behavior and level 3 is the highest. Violation levels increase as the severity of the behavior increases. Repetitious violation behavior may raise the level from lower to higher depending on the frequency and duration of repeated violations.

Non Risk-Related Violation:   A violation of a condition of probation which is not directly related to the risk to re-offend, the underlying offense or safety of the minor, victim(s) or public.

Risk-related Violation:  A violation of a condition of probation which is directly related to the risk to re-offend, the underlying offense or safety of the minor, victim(s) or public.

Technical Violation:  A violation of a Court ordered condition of probation other than a new law violation or subsequent WIC 602 petition.

Violation of Probation:  A formal finding by the Juvenile Court following the filing of a notice of violation, pursuant to WIC 777.

 

PROCEDURE

  1. The San Luis Obispo County Probation Department’s Juvenile Division provides supervision that incorporates the use of validated risk assessment tool in conjunction with directed case management and offender accountability. Department staff shall support opportunities for offenders that result in the successful completion of probation.
    1. A graduated sanctions matrix that corresponds to the offender’s level of risk will be used at appropriate intervals to address technical violations.  These interventions have as their goal the use of the least restrictive option necessary to bring the offender into compliance with the Court ordered terms and conditions of their probation.
    2. Graduated Sanctions should be the response to technical violations of probation terms and conditions except where a graduated sanction is deemed inappropriate, or the behavior is:
      • Part of an established pattern that is reflected in the history of the minor and is associated with a significant or imminent threat to the safety of the minor, victim or public
      • Represented by repeated non-compliance with probation conditions and/or previously imposed graduated sanctions.
  2. Staff will respond to non-compliant behavior with an approach that includes a combination of risk control and risk reduction strategies designed to provide a proportionate consequence for non-compliant behavior.
  3. Risk control strategies are directed at deterring future non-compliant behavior by holding minors accountable through admonishments, warnings, or the imposition of more intrusive /restrictive requirements to serve as consequences for their negative behavior(s).
  4. Risk-reduction strategies are directed at promoting future compliance by assisting the minor and/or family through the provision of information, education, training, counseling, or treatment designed to bring about positive change in the circumstances and area of risk that lead to the non-compliant behavior.
  5. Multiple, persistent or severe violations will be reported to the Court through the filing of a formal notice of violation, pursuant to WIC 777. To remain consistent in maintaining minor, victim and public safety, staff will bring minors to Court for technical violations only after exhausting appropriate interventions.
  6. Violations of probation terms and conditions must be documented in Monitor with graduated sanction(s) utilized clearly noted and the outcome or compliance with the graduated sanction imposed.

 

Graduated Sanctions Process

  1. If a minor violates terms and conditions of probation that are not risk-related and pose no foreseeable risk of harm to minor, victim or public safety, graduated sanctions as established in this procedure shall be used before filing a formal notice pursuant to WIC 777.
  2. The purpose of graduated sanctions is to ensure that the sanction imposed on a minor for failing to comply with terms and conditions is commensurate with the behavior causing the violation; and to provide a variety of non-custodial options to staff that address risk, minor, victim, public safety and severity of offense. It also allows the minor to continue working toward satisfactory completion of terms and conditions while remaining in the community. This ensures that a minor is maintained at the least restrictive level of supervision consistent with public safety.
  3. When considering graduated sanctions in response to violations, staff will review:
    • The seriousness of the violation and the minor’s overall behavior, including, but not limited to, the risk the new behavior presents to the minor, victim and public safety;
    • The ability of the proposed intervention to promote compliance with terms and conditions and foster the minor’s understanding of the impact of the violation or negative behavior;
    • The minor’s history of compliance while under supervision
  4. The Department will bring a minor before the Court on a notice in order to enforce compliance with terms and conditions when:
    • It is in the interest of minor, victim or public safety; or
    • Lesser non-formal remedies utilizing Level 1, 2, 3 graduated sanctions have failed.
    • When the minor’s behavior is severe, persistent and ongoing from the initial adjudicated offense.
  5. Staff shall consider all possible alternative sanctions prior to returning the minor to Court through the formal notice process pursuant to WIC 777.
  6. Staff shall have the discretion to utilize incentives for positive behavior or compliance with imposed graduated sanctions.  An incentive chart is attached.

*These graduated sanctions do not apply to new law violations for serious or violent offenses.

Formal Notices of Violation

This procedure does not prohibit Deputy Probation Officers from filing formal notices pursuant to WIC 777 or affecting the immediate arrest of a minor if in the judgment of the Deputy Probation Officer, there is a serious/significant violation of probation.

Attachment 1: Response to Violation Sanction Guidelines

Below are guidelines for responses to technical probation violations relating to the imposition of graduated sanctions for minors. The following list of sanctions, while not all-inclusive, should be utilized when appropriate. Sanctions consist of actions available to the Probation Officer through community-based interventions. However, sanctions do not always occur in a linear manner and are not exclusive to those sanctions listed below. Each violation should be considered on a case-by-case basis consistent with the minor’s level of risk. Additionally, the imposition of sanctions should be consistent with current case plan goals, objectives and terms and conditions of probation.  The levels 1, 2, 3 violations listed are not all-inclusive and may include, but are not limited to, other behaviors regarding the violations of terms and conditions.

 

LEVEL 1 VIOLATIONS

LEVEL 1 SANCTIONS
  • Failure to report as instructed
  • 1st positive drug/alcohol test
  • 1st Refusal of drug/alcohol test
  • 1st Missed treatment/program group
  • 1st Failure seek employment as directed
  • Truant from school <3 days
  • Failure to fulfill financial obligations
  • Failure follow case plan
  • Failure to enroll/attend assessment for treatment
  • 1st Failure to report Law Enforcement Contact
  • 1st Association with probationer/parolee
  • Failure complete community service
  • 1st Curfew violation
  • Failure to report change in address/phone #
  • Thinking error report
  • Apology (verbal or written)
  • Develop relapse prevention plan
  • Written essay/educational activity
  • Increased contact for up to 30 days
  • Increased curfew restrictions for up to 30 days
  • Placed on written schedule
  • Grade/attendance logs for up to 60 days
  • Increased frequency Drug testing

LEVEL 2 VIOLATIONS

LEVEL 2 SANCTIONS
  • Multiple Level 1 violations
  • Non-compliance with special condition
  • Continued substance abuse or 2nd positive drug/alcohol test
  • Continued missed treatment/programming group
  • Failure to comply with Level 1 sanction
  • Contact with non-associate
  • Runaway <24 hours
  • 2nd refusal of drug/alcohol test
  • 2nd missed treatment group/program
  • 2nd failure to follow case plan
  • 2nd curfew violation
  • Failure to provide identification/identify self to Law Enforcement/School Staff
  • Suspension from school 1 day or >
  • Truant from school >3 days
  • 2nd failure to report Law Enforcement Contact
  • 2nd association with probationer/parolee
  • FTA appointment with DPO
  • Verbally assaultive/aggressive with parent

 
  • Referral for treatment assessment
  • Community Work Service
  • Home Restriction
  • Increased reporting for scheduled drug/alcohol testing
  • Activities to address risk
  • Modification of case plan
  • Any Level 1 sanction
  •  
  • Electronic Monitoring along with Level 1 sanction for up to 60 days

LEVEL 3 VIOLATIONS

LEVEL 3 SANCTIONS
  • Multiple Level 2 violations
  • Failure to comply with Level 2 sanction
  • Non-threatening contact with victim
  • Suspension or termination from treatment/programming group
  • Infraction/Misd (Non-risk/Non-violent)
  • 2nd or 3rd positive drug test
  • Suspension from school >1 day
  • Runaway >24 hours
  • Assaultive/Aggressive behavior
  • Possession Weapon (non-new law violation)
  • 2nd violation special condition (gang, etc.)
  • Violation Electronic Monitoring
  • Electronic Monitoring along with Level 2 sanction for up to 60 days
  • Modified terms and conditions of probation (risk-related)
  • Flash Incarceration

 

Attachment 2: INCENTIVES and POSITIVE RECOGNITION

  •  
  • Positive recognition by PO whenever there is positive progress in problem areas or compliance issues.

 

  • Certificates for successful completion of classes or programs.

 

  • Recognition by the judge in a court hearing for positive progress and compliance with probation conditions.

 

  • Extended driving privileges.

 

  • Permission to participate in certain recreational activities or community events.

 

  • Permission for travel or extended travel.

 

  • Earned free time with pro-social peers.

 

  • Adjustments in curfew requirements.

 

  • Modifications in reporting requirements.

 

  • Modifications in electronic monitoring requirements.

 

  • Reduction of community service hours.

 

  • Reduction of frequency of drug screens.

 

  • Reduction in day reporting requirements.

 

  • Reduction in number of required face-to-face contacts with PO.

 

  • Early termination from probation.