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Felonies

The last post in this topic was posted 3749 days ago. 

 

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Step. Do the conditions/modifications have to be signed by a judge? Because we can submit Orders Amending (for sanctions and such) and we prepare the conditions for felonies. But the JUDGE is the one to sign of on making them truly required.

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I know there is much more done than babysitting. I know the caseloads are extremely bad, and I'm sure you feel overextended. You can quote 1 and 2, but essentially you have the same goal as I do and that is modifying, or more specifically shaping behavior. In addition, you get the added bonus of applying punishment, which I do not.

 

Neither a probation officer nor a parole officer (at least in MOST jurisdictions) applies ANY manner of punishment under the color of law. In teh case of probation, the officer can submit a report of violation, after which the State will file its Motion to Revoke or Motion to Adjudicate to the Court. Only the Court can actually modify or revoke the specific terms of supervision.

 

In the case of parole, the officer reports the violation and a decision is made outside of their office (in Texas, it is an Austin decision on ALL warrants) whether to seek a violator's warrant or not. Only the Texas Board of Pardons and Paroles retains the authority to revoke supervision or add conditions of supervision to a person who is on active supervision.

 

And with the recent decisions out of the 5th Circuit, I would *LOVE* to see an officer actually attempting to sanction via punishment as the officer could then be held personally liable...

 

Not true in WA state. Officers do have the power to place conditions and modify.

 

Step

 

I have seen this here in ID as well. As far as the officer getting judge's signature, I have no idea.

 

The officers here also have "discretionary days", which are so many days the officer can have to send the offender to jail. These are usually for minor offenses (such as a dirty UA), not another crime committed, which would violate the offender. I am not sure about you all, but I would consider my PO tossing me in jail as punishment?

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ANY punishment,including jail sanctions has to be signed off by a judge here. We cannot do anything without the judge.

 

No the Judge does not have to sign off on jail sanctions. WA state changed to a new system about 8 years ago that allows officers to levy sanctions (including jail time) without the court being involved. There are some offenders under the old guidelines that still go to court, but many are just placed into custody and given jail sanctions by the officer. There are specific parameters that are set by policy, a sanction grid of sort, but they are allowed to sanction and modify almost like a treatment plan.

 

Step

Edited by stepthirteen

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That is crazy. I like our system better. We follow a graduated/progressive sanctions system as well but the judge has to sign it before it is a condition.

 

This way, if the offender dies in jail or something it ain't the officer/department's butt on the line (we only have qualified immunity and if we ain following a judge's order it may not be covered).

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