One of the most important thing about your rights is understanding how they work and how they are being violated. I found an administrative order for district 3 listed below. I see this as a major violation of due process of law basically giving misdemeanor probation officers the right to imprison probationers without a hearing. Our district (5) is doing the same thing, I wonder if they have an administrative order giving them permission? Administrative Order 12-15: Use of Discretionary Jail Time by Probation Officers of Third District Felony Probation and Misdemeanor and Juvenile Probation Officers in Canyon County Whereas the judges of the Third Judicial District typically and consistently utilize discretionary jail time as a condition of probation, and Whereas the use of discretionary jail time has proven to be an efficient incentive as part of a graduating degree of sanctions to enforce and encourage rehabilitation of criminal defendant on felony probation, and Whereas, one significant benefit of the use of discretionary jail time by probation officers is that it can be utilized immediately upon the discovery of a violation having been committed by the probationer; Now, Therefore, it is Hereby Ordered that the probation officers of the Department of Corrections, as well as all county misdemeanor and juvenile probation officers are authorized to utilize up to seven (7) days of discretionary jail time for probationers under their supervision without having prior approval of the presiding judge who placed the defendant on probation. It is Further Ordered that the probation officers are authorized to substitute eight (8) hours of community service for a day of discretionary jail time up to fifty-two (52) hours without having prior approval of the presiding judge It is Finally Ordered that once discretionary jail time or community service is utilized by a probation officer under the provisions of this Order, that probation officer must submit a verification of its use in writing to the presiding judge’s chambers by the following business day. The required verification may be made by facsimile transmission. Dated this 15th day of November, 2012. Signed by Thomas J. Ryan, Administrative District Judge
Posted on: Tue, 20 Jan 2015 03:21:21 +0000
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