What does it mean to be "on probation"?
After an offender is convicted of committing a crime, the court can suspend the sentence and place the offender under the supervision of a probation officer, or place the offender in a local jail or correctional institution, followed by a period of probation supervision. While on probation, offenders must obey all laws and follow the specific orders issued by the court.
What is the difference between probation, parole, post release community supervision, and mandatory supervision?
Probation is a condition of an offender's original court sentence by a judge. An offender may be sentenced to probation only and be required to follow any number of specific stipulations as outlined in the court order. An offender may be sentenced to jail time as a term of probation and also be required to fulfill specific stipulations demanded by the court, including regular reporting to a probation officer.
Parole is a condition of release for someone coming out of a prison. There are usually a number of restrictions placed on a parolee and he/she is supervised by a parole officer (either state or federal, depending on the type of prison).
The Public Safety Realignment Act of 2011 established a new type of community supervision known as post release community supervision (PRCS). Persons who were sentenced to state prison for non-violent, non-serious, or non-sexual crimes are released on PRCS and supervised by the probation department.
The Public Safety Realignment Act of 2011 also created mandatory supervision, which is the portion of a jail sentence served in the community under the supervision of a probation officer. It is similar to traditional probation, but every day served on mandatory supervision is deducted from the original sentence.
What does the Probation Department do to protect the community from adult offenders?
When an adult is found to be guilty of a felony, the probation officer may be ordered to file a report with the court. It will include detailed information about the crime, losses to victims, background of the offender, and sentencing recommendations. Some offenders may be granted the privilege of probation and be supervised by probation officers. Other offenders come back to the Probation Department from State Prison on Post Release Community Supervision.
Probation Officers target each offender’s criminogenic needs (those factors that research has shown affect recidivism)
The probationer's compliance or noncompliance will be reported to the court. The frequency and method of probation officer contact with probationers depends on the seriousness of the offender's criminal history and the associated threat the offender poses to the community.
Can I vote if I have a criminal conviction?
You can vote if you meet the following criteria:
A citizen of the United States of America;
A resident of California;
At least 18 years of age or older on or before election day;
Not currently imprisoned or on parole for the conviction of a felony; and
Not found mentally incompetent by a court of law.
Additional information can be found by clicking HERE.
What does the Probation Department do to help offenders with alcohol and drug problems?
The Probation Department, in conjunction with public and private providers, offers intensive alcohol and drug treatment to adults sentenced to such programs. They include community based meetings, group counseling, residential drug treatment programs, and urinalysis. Those who fail to participate may be returned to court for alternative sentences, including jail or prison.
How does a juvenile come to the attention of the Probation Department and Juvenile Court?
Contact usually begins with a referral from a law enforcement agency. Juveniles accused of committing crimes are referred to the Probation Department to process. Probation officers interview the minors and their families and decide whether court intervention is necessary. If necessary, the referral will be forwarded to the District Attorney’s Office to pursue formal charges.
Does the Probation Department try to prevent delinquent juveniles from entering the juvenile justice system?
The Probation Department utilizes several strategies to divert less serious offenders from the juvenile justice system. Informal Probation and a variety of other informal sanctions may be used when authorized by law and it appears that formal court involvement is not necessary. The Probation Officer may make referrals to family counseling, parenting classes, substance abuse counseling, gang awareness, mental health services, and restorative justice in order to address the issues that led to the juvenile’s arrest.
What happens to juveniles when they enter the juvenile justice system?
If the Probation Officer refers a matter to the District Attorney to pursue formal charges against a minor, a petition may be filed and the minor will appear before the Juvenile Court. If the minor is found to have committed the alleged crime(s), the Court will refer the matter to the Probation Department to prepare a dispositional report, which will include a brief statement of the offense, the minor’s prior delinquency history, school academic and attendance records, drug/alcohol history, social history of the family, statements from the victim, the juvenile and the juvenile's parents, and the Probation Department’s recommendation.
What happens after a juvenile is declared a Ward of the Court?
The Judge will consider the probation disposition report and all available information in order to decide the most appropriate disposition, which could include anything from probation to confinement in a state correctional facility. The most common dispositions are as follows:
- Deferred Entry of Judgment
- Probation without Wardship
- Formal probation, which could include community service, curfew, victim restitution, a search and seizure waiver, drug/alcohol counseling, and a commitment to Juvenile Hall
- Group or foster home placement if the juvenile is not going to be allowed to return home
- Commitment to the Monterey County Youth Center Commitment to the state of California, Department of Juvenile Justice
Can Juvenile records be sealed?
One of the best things you can do for your child is to get his or her juvenile records sealed. Applications are available at our main office at 1422 Natividad Road, Salinas, CA (831) 755-3900.
For your convenience the link has been provided:
How long will a minor held in juvenile hall? What happens during that time?
The average length of stay in detention is 23 days. In some cases, minors awaiting placement in out-of-home facilities, such as foster homes, groups home, or the California Youth Authority, or minors who are awaiting trial in adult court may remain in custody for longer periods. School, recreation, exercise, and counseling programs are provided to minors who are in custody. All medical needs are provided through a contract with the California Forensic Medical Group (CFMG). A psychologist is available four days per week and a psychiatrist is on site one afternoon per week. Probation officers interview minors in custody prior to court hearings to gather information for court reports, treatment plans, and recommendations for conditions of probation.
Are minors being held in juvenile hall allowed visitors and, if so, who may visit?
Parents, step-parents, or legal guardians are allowed a 15-minute visit within the first 24 hours after their child's arrival at juvenile hall. Regular visiting for girls is on Saturday from 9:00 A.M. to 11:00 A.M. Visiting for boys is on Saturday and Sunday. Those boys with last names beginning with the letters A through L may have visits on Saturday from 1:00 P.M. to 3:00 P.M.; those with name beginning with M through Z may have visits on Sunday from 9:00 A.M. to 11:00 A.M. Only parents, step-parents, grandparents, and legal guardians are allowed to visit minors in custody. All visitors are subject to search. Please call 831/755-3981 for further information about visiting rules.
Who can visit? Parents, Guardians or persons standing in Loco parentis. Only two siblings allowed per visit once resident is on phase II. A copy of a birth certificate must be given to the person in charge of visitation for siblings to be allowed into the Youth Center Maximum of four persons per visit.
Special visits are subject to approval at the discretion of Youth Center Probation Officer Only. Home Pass Eligibility Residents must be a phase II resident (120 day minimum stay) or higher to be eligible for a home pass. Home passes may be lost if a minor fails to earn 90 out of 100 of his daily points of for a major rule violation.
All Medical appointments must be cleared by Youth Center Nurse and Probation Officer.
Is there a fee charged for Residents staying at the Youth Center?
Yes. The amount is prorated subject to parent's income.
Are residents allowed to have money?
Residents are allowed to have a minimum of $40 on occasions when required for Youth Center outings.
How are the living quarters?
Youth Center houses Residents in a dorm setting composed of two different bays. Pinnacles bay is an introductory bay where residents are housed for a minimum of 30 days until they reach phase I at which point they are transferred to Gavilan Bay for the remainder of their stay at the Youth Center
Can residents receive personal products?
Once residents have reached I they are allowed to receive personal products with the following restrictions; No glass bottles, no red or blue colors. All items must be in clear unopened plastic bottles with the youth’. No item may contain alcohol as an ingredient. All items must have residents name written on it in blank ink prior to Youth Center visit or they will not be accepted. Products will only be received on the first Sunday of the month. For a complete list of items that may be brought to the Youth Center, please call (831) 759-6704.
Can records be sealed once they have been released?
One of the best things you can do for your child is to get his or her juvenile records sealed. This can be done once residents are completely off probation. Your Child must be 18 years of age or older and off probation in order to be eligible to apply for his/her records to be sealed. Applications are available at our main office at 1422 Natividad Road Salinas Phone number (831) 759-3900.