To establishthe duties, responsibilities and authority of the probation officer duringsupervision of minors placed on probation.
This rule shallapply to the Juvenile Court.
Statement ofthe Rule:
(1) Definition.Probation means the legal status created by court order following anadjudication on the ground of a violation of law where a minor is permitted toremain at home or in a foster home under prescribed conditions and under thesupervision of the probation department, or other agencies or individualsdesignated by the court.
(2) Assignmentof probation officer. When the court has placed a minor on probation, aprobation officer shall be assigned to supervise the minor.
(3)(A)Probation should be limited to minors who are identified as medium to high riskto the community because of the frequency or severity of the offenses for whichthey have been adjudicated.
(3)(B)Probation should begin with an intensive orientation by a probation officer andassignment to a probation level based on the results of a risk assessment.Probation should not extend longer than six months, except when specialcircumstances are present.
(3)(C)Probation status should not be continued solely for the reason of monitoringpayment of fines and restitution for a minor who otherwise has complied withthe conditions of probation.
(3)(D)Probation should not be used for a youth referred only for status offenses orminor infractions. Other dispositional alternatives should be considered forthis type of case such as a fine, compensatory service, delayed disposition orcontinuing jurisdiction, without requiring the intervention and supervision ofthe probation department.
(3)(E) A courtcreated status of continuing jurisdiction should be considered for less seriousoffenders that does not require probation department supervision but doesrequire the youth to demonstrate a period of legally acceptable behavior beforetermination.
(3)(F)Detention should be available as a short term option during probation, whendetermined appropriate, within the provisions of the law.
(3)(G)Probation should not be continued on an inactive basis if no future contactsare determined necessary by the probation department. A continuing jurisdictionstatus may be created to phase out probation.
(3)(H) Interimprobation progress reviews may be conducted by a probation supervisor.Termination of probation and modifications of the conditions of probation mustbe approved by the court.
(3)(I) Iffurther criminal acts require commitment of the youth to the Division ofJuvenile Justice Services, probation should be terminated and subsequentresponsibility for supervision assigned to the Division.
(3)(J) When thecourt places a youth on probation, it should be a formal proceeding where thespecific conditions are reviewed by the court, the future probation review dateset, and the severity of this sanction emphasized.
(4)Supervision. Supervision activities by the probation officer may include butare not limited to:
(4)(A)Recommending to the court the appropriate restrictive conditions of probationto minimize the risk to the community in allowing the youth to remain in hishome or alternative living arrangement.
(4)(B)Monitoring a youth?s compliance with the court ordered conditions of probation.This may include periodic progress reports which focus on compliance with theconditions of probation established at the time the youth was placed onprobation and the number and type of contacts made by the probation officers orother agency.
(4)(C)Reporting violations of court ordered probation conditions and makingappropriate recommendations to the court.
(4)(D)Identifying and developing available community resources to meet special needsof the youth and/or the family identified in the supervision and correctionalplan, including work placement, tutoring and social services.
(4)(E)Developing community work sites for the involvement of a youth and encouragingconstructive use of time.
(4)(F)Counseling for short periods of time, but not to the extent that it supplantsservices which can be provided by other community resources.
(5) Review. Theprobation department shall submit a written report to the court prior to eachreview hearing updating the supervision and correctional plan as necessary andreporting on the probationer?s progress.
(6) Courtreporting. If a youth is suspected of violating the terms and conditions of probation,the probation department shall immediately report the alleged violation to thecourt and may make appropriate recommendations based upon the allegedviolation.