module 7
Family Violence Protocol
Integrated Training for Law Enforcement,
Social Services, and Advocates
probation & parole
Merced County Probation Department
California Department of Corrections and Rehabilitation
HSA-SAS mod7prob.ppt (6/07)
Sections
Probation
Parole
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Probation
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Probation
 Terms and Conditions of Probation
• Domestic Violence Cases
• Sex Offense Cases
• Child Abuse Cases
 Domestic Violence Caseload
 Violations
• Terms and Conditions
• Arrest
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• Factors in Arrest
• Disposition of Violations
Probation
Terms and
Conditions
of Probation
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Domestic Violence Cases
 PC 1203.097 mandates the following
probation conditions for domestic
violence:
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Probation for a minimum of 36 months.
An order not harass or threaten the victim.
Pay a fine.
Community service.
52-Week Batterer’s Treatment Program
Sex Offense Cases
 PC 1203.067 mandates the following probation
conditions for sex offenses:
• 90-day placement at California Department of
Corrections and Rehabilitation to determine
suitability for probation.
• Psychological evaluation to determine if the
defendant remains a threat
• Placement in an appropriate treatment program for
sexual perpetrators, if one is available in the county.
– NOTE: Merced County does not currently have a treatment
program for sexual perpetrators.
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Child Abuse Cases
 PC 273a(c) mandates the following
probation conditions for child abuse:
• Probation term for a minimum of 48 months.
• An order not to harass or threaten the victim.
• Complete a 52 week Child Abuser Treatment
Program.
• Submit to chemical testing if appropriate.
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Probation
Domestic
Violence
Caseload
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Caseload
 200 felony DV offenders on probation
 Over half “banked” caseload – little if
any supervision services.
 Maximum 40 are assigned to a
specialized DV caseload.
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DV Caseload Specifications
 Between 25 and 40 felony offenders.
 Offenders with children and who live in
Merced County.
 Offenders who continue to live with the
victim and have children together are
given first priority.
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Goals for the DV Offender
 Service plan within 30 days of initial
contact.
 Referral to a batterer’s treatment
program within 30 days.
 One contact with the offender weekly.
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Goals for the DV Victim
 Plan for referrals/resources for the victim
and the children within 30 days of initial
contact.
 Meet with the victim in person monthly.
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Probation
Violations
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Probation Terms and Conditions
 Penal Code mandates terms and
conditions of probation for:
• Domestic violence
• Sexual offense
• Child abuse cases
 Probation Officer is required to report
probation violations to the Court.
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Arrest of Probationers
 Probation Officers has authority to arrest
probationers for probation violations. [PC
1203.2(a)]
 Generally the officer will arrest if there are
significant probation violations.
 Arrest requires supervisory approval.
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Factors to consider prior to arrest
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Is there is a new offense?
Are weapons involved?
Is the victim particularly vulnerable?
Is the probationer mentally stable?
Is the probationer using controlled
substances or alcohol?
Disposition of Violations of Probation
 Reinstatement of probation with a jail
term.
 Commitment to California Department of
Corrections and Rehabilitation
suspended and reinstatement on
probation.
 Commitment to California Department of
Corrections and Rehabilitation.
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Module 7
Parole and Probation
Presented
by:
Presented by
Rosa Ramirez
Merced County
Probation Department
Contact Information:
Rosalva Ramirez
209-381-1383
Family Violence Protocol
Integrated Training for Law Enforcement,
Social Services, and Advocates
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►Probation ► Parole
Parole
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Parole
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Statement
Conditions of Parole
Special Conditions of Parole - DV
Violations of Parole
Dustin’s Law
Special Conditions of Parole - Child Abuse
Violations of Parole - Child Abuse
Statement
The California Department of Corrections and
Rehabilitation - CDCR, Division of Adult Parole
Operations -DAPO, views domestic violence
(DV) as a serious issue and procedurally acts
with the protection of the victim and the
community as the deciding factor regarding the
status of the parolee and his/her conditions of
parole
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—California Department of Corrections and
Rehabilitation, Division of Adult Parole Operations
Conditions of Parole
 Parolee’s file is reviewed prior to parole date.
 Criminal history and social history are
considered when determining special
conditions of parole.
 Special conditions may include:
• Mandated attendance and completion of Division of
Adult Parole Operations or other approved anger
management treatment program.
• Any other condition deemed necessary and justified
by the Parole Agent and Unit Supervisor.
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Special Conditions of Parole - DV
Special Conditions of Parole may include:
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 You will not contact your crime victim(s), their families, or
friend(s). “No contact” means exactly that. No contact in
any form, whether direct or indirect, personally, by
telephone, letter, computer, or through another person. You
cannot enter the premise, travel past, or loiter near where
your victim is employed, resides, frequents, or attends
classes.
 You will not threaten, stalk, sexually abuse, harass, or
commit further violent acts against the victim.
 Failure to comply with these special conditions of parole
could constitute a parole violation and a return to custody in
State Prison.
Violations of Parole
 Failure to sign and/or comply with Conditions of
Parole results in a Parole Violation
 Any parolee who perpetrates an act of domestic
violence is in violation of parole and faces
sanctions up to and including a return to prison
 When LE responds to a DV call where a
parolee is the perpetrator, notify State Parole
for:
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agent assistance
additional information on the parolee or
a PC 3056 Parole Hold
forward a copy of the report to DAPO
Dustin’s Law
 January 1999, the body of Dustin Haaland, a four year
old boy who was allegedly killed by his parolee father
was found in a vineyard in Fresno. The father had
been convicted and incarcerated in State Prison for
abusing the boy’s older brother. At that time CDCR
was not obligated to notify Child Protective Services of
his release.
 Under Dustin’s Law a parole agent must report to CPS
if a parolee convicted of crimes against children
contacts the victim or victim’s family, and the parole
agency must also notify local law enforcement when
such parolees are released.
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Special Conditions of Parole –
Child Abuse
Special Conditions of Parole may include:
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You will not have contact with children under the age of 18 years.
You will not be within 100 yards of the perimeter of any school or licensed
day care facility, or places where children congregate
You will immediately inform your parole agent regarding any contact with a
minor whether it is "accidental" or not.
You will not form a romantic interest or sexual relationship with anyone
who has physical custody of a child under the age of 18 years.
You will not possess any items that could be considered child lures such
as children's clothing, toys, games, stuffed animals, etc.
If you are a registered sex offender and have been released from custody
on or after November 8, 2006, you will not reside within 2000 feet of any
public or private school with grades K-12 or any park where children are
likely to congregate, per Proposition 83 Jessica's Law
Failure to comply with these special conditions of parole could constitute a
parole violation and a return to custody in State Prison.
Violations of Parole - Child Abuse
 Any parolee who perpetrates an act of child
abuse is in violation of parole and faces
sanctions up to an including a return to prison.
 When LE responds to a child abuse call where
a parolee is the perpetrator, notify State Parole
for:
• agent assistance
• additional information on the parolee or
• a PC 3056 Parole Hold
• forward a copy of the report to DAPO
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Module 7
Parole and Probation
Presented by:
Raymond Lee
California Department of
Corrections and Rehabilitation
Contact Information:
Raymond Lee
Office 209-726-6513 extension 208
Cell 209-277-8921
Family Violence Protocol
Integrated Training for Law Enforcement,
Social Services, and Advocates
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►Probation ► Parole