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What is probation?
Probation is a sentencing alternative to prison or jail, although some judges may
sentence offenders to a combination of both. If this occurs, a defendant is placed under the
supervision of a Probation Officer as long as certain conditions are observed.
The maximum period of probation, which may be imposed upon the charges in a single
indictment, is five (5) years.
What is the difference between probation and parole?
Probation is a period of time imposed by a judge on an individual who has committed
a criminal offense and the individual is ordered to comply with certain specific
conditions.
Parole is early release, before completion of a sentence of incarceration, wherein an
individual is required to comply with certain specific conditions during the remaining
time he/she would have been incarcerated.
What are Probation Officers?
Probation Officers investigate the background of offenders brought before the Court
and are charged with the responsibility of conducting pre-sentence investigations and
preparing pre-sentence reports, which assists the Judges of the Superior Court in
imposing sentences on defendants who have been convicted, deferred, or are on pretrial
release status. Probation Officers are authorized to monitor and enforce the restrictions
imposed by the Court on those defendants who have been convicted, deferred, or are on
pretrial release status. If these offenders fail to take advantage of the beneficial
opportunities afforded by a sentence of probation or their parole release, a violation
of probation/parole may be filed, and the Court or the Board of Parole may revoke the
probation or parole.
Probation Officers may be required to testify before the Court as to their findings and
recommendations; to attend hearings and update the Court regarding the offender’s compliance
with the terms of his or her sentence and on the offender’s efforts at rehabilitation. In
addition, Probation Officers assist in the supervision of individuals who have been transferred
from other jurisdictions through the Interstate Compact for Adult Offender Supervision (ICAOS),
and Probation Officers also respond to inquiries from other jurisdictions for background information
on individuals who are in pretrial status.
Can my probation be terminated early?
Early termination is possible if the probationer has complied with all of the conditions
that were imposed by the sentencing judge; however, this is solely at the judge’s discretion.
What happens if I do not satisfy my financial obligations (i.e. fines and/or restitution) before
the expiration of my probation?
If a probationer is making an effort to fulfill his or her financial obligations,
but has not completed these obligations before the date that they are due, the
probation officer may submit a request to the judge to have the probation extended.
However, if there is blatant disregard to fulfill these obligations, the Court will
be promptly notified.
Can I leave the jurisdiction on vacation, emergency, business, etc.?
Probationers may leave the jurisdiction, but only after the Court has entered
an order authorizing them to do so.
Can my probation be transferred to another jurisdiction?
If the sentencing judge gives approval, and the state to which the individual
wishes to reside agrees to accept the probationer for supervision, the probation
can be transferred to another jurisdiction. A request must be made to the
jurisdiction through the Interstate Compact for Adult Offender Supervision (ICAOS).
Is there a probation supervision fee?
Yes, in all matters where probation is granted, a probation administrative
fee of $200 is imposed.
