Peter Blair | April 2, 2015 | Featured Front Page
Probation is defined by California Penal Code Section 1203 as “the suspension of the imposition or execution of a sentence and the order of conditional and revocable release in the community under the supervision of a probation officer”. As mentioned on our Probation Violation page, there is no cut and dry program. Each offender has different terms and conditions based on their crime committed. In addition to crime-based probation programs, the San Diego County Probation Department also has probation programs tailored to juveniles.
Juvenile Programs in San Diego County
The San Diego County Probation Department’s five juvenile detention facilities house offenders between the ages of 10 and 19. According to their website, the offender will need to make routine contact with their probation officer at home, school, and work. A juvenile offender’s probation program is based on factors such as age, gender, and criminal record, and may entail community service, paying restitution, rehab, and schooling. San Diego County’s programs and services are divided into three categories: prevention programs, intervention/court services, and supervision programs. Here is a quick rundown of each of the juvenile programs offered by San Diego County.
- Prevention Programs: Community Assessment Teams, Sports Training Academic and Recreation Programs (STAR/PAL), and Truancy Intervention Programs
- Intervention/Court Services: Intake and Investigation, Transportation, and Truancy Supervision
- Supervision Programs: After Care, Drug Court, Intensive Case Management, Juvenile Sex Offender Management, and Parenting Mentoring Substance Abuse
There are three probation program categories for adults: intensive supervision, non-intensive supervision, and other. Intensive supervision programs are usually assigned to offenders deemed a “continuous threat to public safety”. Intensive adult programs include:
- DUI Intensive Supervision
- The Family Violence Project
- Mentality III Offender Program
- Parents and Their Children
- Proposition 36 (for non-violent drug-offenders)
- Violent Offender Program
- Women and Their Children
- Youthful Offender Program
- Youthful Offender Re-Entry Program
Non-Intensive and other programs offered include:
- Mid-Level Bank – Three five-person teams (three probation officers and two probation aides) that explain court orders to offenders and report to courts on progress.
- Administrative Bank – The offender’s case is monitored for new arrests and other possible violations. The case is also reviewed 180 days before the end of the probation sentence.
- Intake & Investigations
- Interstate Courtesy Supervision Unit
Penalties for Probation Violations
Probation violators are immediately detained and must attend a “probation violation hearing”. The judge ultimately determines your fate. The penalties for probation violations depend on the nature of the violation and how the judge decided the original case. Offenders will either have to start their probation program all over, change the terms of the probation program to enforce stricter regulation, or send the offender to jail.
Probation Violation Defenses
However, offenders still have a chance at the “probation violation hearing” to avoid jail time. There are several defenses that can be used. The most common is questioning whether a violation occurred by disproving the accuser’s accusation. According to Free Advice, the offender could also use the hearing to provide justification for their actions. One possible defense could be leaving town for a family emergency and could not reach his or her parole officer.
At Peter Blair, we are always ready to help. Our expertise will decide the most effective defense for your case. Schedule an appointment with us now to take the appropriate steps in ensuring your freedom.