See Probation – Adult Violation of Probation (VOP)
Guidelines and
Procedures
ADMINISTRATIVE OFFICE OF THE COURTS
STATE OF NEW JERSEY
PHILIP S. CARCHMAN, P.J.A.D. RICHARD J. HUGHES JUSTICE
COMPLEX
ACTING ADMINISTRATIVE DIRECTOR OF THE COURTS P.O. Box
037
TRENTON, NEW JERSEY 08625-0037
TO: Assignment Judges
Trial Court Administrators
FROM: Philip S. Carchman, P.J.A.D.
SUBJECT: Probation – Adult Violation of Probation
(VOP) Guidelines and
Procedures
DATE: April 7, 2008
This Directive promulgates for immediate use revised
Adult Violation of
Probation Guidelines and Procedures, as approved by
Judicial Council on
February 27, 2008. These revised guidelines and
procedures, which supersede
the 1999 Violation of Probation and Revocation Process
policy, were
necessitated by a number of statutory and policy
changes as detailed below.
These revised VOP Guidelines and Procedures contain
the following
significant changes from the 1999 policy:
1. Addition of language describing the circumstances
under which a
VOP should be filed when a probationer has been
charged with a
3rd or 4th degree crime (page 4, Guideline #1B);
2. Clarification regarding the response to a positive
drug test,
specifically, to indicate that there must be a
response, while at the
same time recognizing that there must be flexibility
to account for
the probationer’s particular circumstances (page 8,
Condition #8);
3. Clarification that failure to surrender either a
permit to purchase a
handgun or a firearms purchaser identification card
constitutes a
violation of probation (page 9, Condition #11);
4. New guidelines for refusal to submit to DNA
testing, a statutory
condition of probation that was not in effect at the
time the 1999
VOP policy was adopted (page 10, Condition #13);
5. Addition of language to address the Supreme Court’s
determination
in State v. Nellom, 178 N.J. 192 (2003) of what
constitutes commencement of a VOP for purposes of tolling a probation term
(pages 13, Procedure #7);
6. Stating clearly that it is the prosecutor’s
obligation to prosecute
VOP matters, as described in Directive #04-06, and
that
appropriate notifications now include a new standard
memorandum
to the prosecutor (pages 13, Procedure #7);
7. Addition of procedure and form to reflect that
probationers are
subject to the Interstate Compact for Adult Offender
Supervision
(page 15-16, Procedure #15);
8. Addition of language regarding “prior service
credit” added to the
jail credit guidelines (page 18);
9. Addition of guidelines, along with a form,
regarding the
probationer’s obligation to inform the court about the
need for
alternative care for any dependents if the probationer
is to be
incarcerated (page 20).
The revised Adult Violation of Probation Guidelines
and Procedures will be
posted on the Infonet and will be incorporated into
the Probation Supervision
Manual as Section 5300. The forms appended to the
guidelines also will be
available through the Judiciary InfoNet’s Forms
ClearingHouse and Repository.
Questions regarding this Directive and the underlying
policy may be
directed to Robert Sebastian, Assistant Director,
Probation Services Division, at
609-292-1589.
As Approved by the Judicial Council
Table of Contents
I.
Introduction.........................................................................................................
1
II. Guidelines for Filing Violations of Standard and
Special Conditions
of Adult Probation
..............................................................................................
3
III. Procedures for Filing Adult Violations of
Probation ..................................... 11
IV. Guidelines for the Authorization to Arrest and
Detain a Probationer
for a Violation of
Probation..............................................................................
17
V. Jail Credit Guidelines.......................................................................................
18
VI. Guidelines on Providing Information to the Court
on Alternatecare
Needs.................................................................................................................
20
FORMS:
Violation of Probation – Statement of Charges (CN
10076)
Violation of Probation – Sample Charging Language (CN
10076)
Violation of Probation – Summary (CN 10077)
Violation of Probation – Addendum (CN 10214)
Violation of Probation – Hearing Summons (CN 10075)
Memorandum to the Prosecutor (CN 11201)
Authorization to Arrest and Detain (CN 11200)
Alternate Care Addendum (CN 11203)
ICAOS Offender Violation Report (CN 11206)
Directive #7-08
Adult Violation of Probation Guidelines and Procedures
Section I. Introduction
1
I. INTRODUCTION
Purpose
Supervision strategies should be consistent with the
purposes of the New Jersey
Statue as articulated in N.J.S.A. 2C:45-1 (a), which
states:
When the court suspends the imposition of sentence on
a person
who has been convicted of an offense or sentences him
to be placed
on probation, it shall attach such reasonable
conditions, authorized
by this section, as it deems necessary to insure that
he will lead a
law-abiding life or is likely to assist him to do so.
These conditions
may be set forth in a set of standardized conditions
promulgated by
the county probation department and approved by the
court.
The following guidelines and procedures for filing
violations of probation (VOPs)
reflect current practices and supersede the prior
standards approved by Judicial
Council on September 30, 1999. These guidelines and
procedures standardize
adult supervision practices and ensure that conditions
of probation are enforced
fairly and consistently throughout the state. Ensuring
compliance with the court
order is the core function of Probation, and the
activities of Probation –
monitoring, enforcing and intervening – are designed
to meet that mandate.
Progressive Sanction Strategy
Probation officers utilize various intervention
strategies to deal effectively with
probationer non-compliance. Intervention strategies
should be progressive,
beginning with the least restrictive measure deemed
appropriate, followed by
more consequential measures if non-compliance
continues. In determining the
appropriate intervention sanction, an objective
appraisal must be made of each
probationer’s background, risk, and needs, the
circumstances of the noncompliant
behavior and the probationer’s adjustment while on
probation.
Filing a VOP Upon Continued Non-Compliance
If the probationer fails to comply with the terms of
the sentence or the standard or
special conditions of probation despite the probation
officer’s efforts to secure
compliance through progressive intervention
strategies, the matter must be
placed before the court for judicial determination. A
violation of probation (VOP)
is the vehicle by which the probation officer brings
the probationer before the
court for non-compliance. The commencement of a VOP
puts both the court and
the probationer on notice that the probationer is on
track for revocation.
In the VOP Statement of Charges and the VOP Summary
the probation officer
documents the probationer’s response to supervision,
describing the
probationer’s overall adjustment, documenting those
conditions which the
probationer is alleged to have violated and new
arrests if they have occurred.
Prosecutors are responsible for the prosecution of
defendants charged with
violating terms of their probation. The probation
officer serves as a witness
presenting documentation of the violation(s),
describing efforts made to assist the
probationer in complying with the terms and conditions
of probation, and making
recommendations regarding revocation and resentence.
To ensure a consistent approach throughout the state
toward non-complaint
behavior, the guidelines and procedures outlined here
must be followed except
for exceptional circumstances. The probation
supervisor must be consulted
regarding all non-compliant probationer behavior. Any
deviation from policy in
not bringing VOP charges will require an approval by
the supervisor, documented
by a chronological entry describing the reasons for
the exception. Timeliness of
response is an essential element of good probation
practice. The time frame of
non-compliant behavior is to be included in the
decision making process for the
probation officer and supervisor.
Timeliness Essential
All probationer non-compliant behavior should be
addressed, investigated and
resolved no later than thirty days after detection.
Non-compliance of a severe
nature should be acted upon no later than ten working
days after detection.
Directive #7-08
Adult Violation of Probation Guidelines and Procedures
Section II. Guidelines for Filing a VOP
3
II. GUIDELINES FOR FILING VIOLATIONS OF STANDARD AND
SPECIAL
CONDITIONS OF ADULT PROBATION
The goal of probation supervision is to selectively
and actively intervene with
probationers so as to reduce the likelihood of future
criminal activity and promote
compliance with the supervision strategy. This policy
is designed to provide
timely, consistent and equitable responses to
probationer non-compliance with
the court’s order. It establishes uniform statewide
guidelines and procedures to
file violations of probation (VOP). It is not,
however, intended to limit the
discretion of the probation officer to file a
violation of probation at any time in the
supervision process.
The statement in bold at the beginning of each
numbered paragraph below
sets forth one of the Standard Conditions of Adult
Probation approved by
the Supreme Court. The statement is followed by
factors to be considered
in responding to a violation of each condition.
1. “You shall obey all federal, state and municipal
laws and ordinances. You
shall notify your probation officer if you are
arrested or issued a summons
in any jurisdiction.”
A new arrest may constitute or may reveal conduct that
constitutes a violation of
probation (VOP). Pursuant to State v. Wilkins 230 N.J.
Super. 261 (App.
Div.1989), a person can be found to have violated
probation by engaging in a
new offense before, or even in the absence of, a
conviction for the new crime.
For this to occur, it would be necessary for the
probation officer to demonstrate at
the VOP hearing that there is evidence of criminal
conduct by the probationer.
When a probation officer becomes aware that a
probationer has been arrested or
that a summons has been issued to the probationer, the
officer must take action
with the supervisor’s approval. The response should be
timely and proportionate
to the severity of the violation and to the
probationer’s risk to the community.
Consideration should also be given to the
probationer’s responsiveness to
supervision.
A. Arrest for violent crime or other first or second
degree crime in New Jersey
or equivalent charge from another state:
The probation officer must prepare and file a VOP (see
Section III.
Procedures for Filing Adult Violations of Probation)
as soon as possible,
but in any event no later than five working days after
the officer is advised
of a first or second degree crime in New Jersey or
equivalent charge from
another state. Documentation of the new charge should
be attached to
the VOP.
Directive #7-08
Adult Violation of Probation Guidelines and Procedures
Section II. Guidelines for Filing a VOP
4
B. Arrest for a third or fourth degree crime:
In most cases, the probation officer should prepare
and file a VOP if a
probationer is arrested for a third or fourth degree
crime. There may,
however, be exceptions to this general rule. If, for
example, the
probationer has progressed well and the arrest is for
an unrelated offense,
the need to file a VOP is less than if the crime
constitutes a repetition of
the original offense. If the new arrest appears to be
related to the
offender’s drug addiction, a VOP may be filed and the
probation officer
may include in the “Recommendations” section of the
VOP Summary
(Form: CN 10077) a recommendation that the court
consider resentencing
the probationer to Drug Court.
If the probationer is complying with his/her case
plan, it may be
appropriate to allow the new offense to be remedied
through the new
criminal proceeding rather than through further
efforts by probation based
on the original offense. Thus, the probation officer
must consider the
nature and circumstances of the new offense in the
context of the
probationer's case plan and its impact on the
possibility of the
probationer's rehabilitation. Any instructions that a
judge has given with
respect to violations of probation when imposing
sentence in a particular
case must, of course, be taken into account.
The probation officer must always file a VOP when the
probationer is
arrested for a third or fourth degree crime within 90
days prior to the
expiration of the term of supervision. Filing the VOP
tolls the probation
term, and ensures that appropriate action can be taken
before the
probation term expires.
C. Arrest for disorderly persons (DP) offense, petty
disorderly persons
offense, a motor vehicle violation or municipal
ordinance violation:
The probation officer may prepare and file a VOP if a
probationer is
arrested for a DP offense, petty disorderly persons
offense, a motor
vehicle violation or municipal ordinance violation,
depending on the
circumstances. The probation officer must consider the
nature of the
violation, especially DWI or driving without a license
or insurance, as well
as the probationer’s history and responsiveness to
supervision. The
probation officer should not send a notice of the new
arrest of a
probationer on a DP or lesser offense as a routine
practice. However, the
new arrest reports may be submitted to the court
depending on the
instructions of the sentencing judge in the specific
case. The probation
officer should consult with the supervisor before
filing a VOP.
Directive #7-08
Adult Violation of Probation Guidelines and Procedures
Section II. Guidelines for Filing a VOP
5
D. If a determination is made to file a VOP because of
a new arrest, the
probation officer shall request the Superior Court to
issue a warrant or a
summons to appear before prior to the expiration of
the term of
supervision. All VOPs require that a probationer be
provided with notice
by the issuance of a summons or warrant or an arrest
in order to suspend
or “toll” the term of probation until disposition of
the VOP (see Section III.
Procedures for Filing Adult Violations of Probations,
#7 - Filing of the VOP
for a discussion of tolling.). A warrant can be issued
on a VOP when a
probationer has been arrested for and charged with a
new offense, but
has not yet been convicted. If after consultation with
the supervisor, it is
determined to be necessary to place the probationer in
custody prior to the
VOP hearing, the judge may issue a bench warrant or the
Chief Probation
Officer may sign an Authorization to Arrest and
Detain. (see Section IV.
below, Guidelines for the Authorization to Arrest and
Detain.)
E. The probation officer must prepare and file a VOP
Statement of Charges,
(Form: CN 10076) within 24 hours on persons who are
placed in custody
as the result of a bench warrant or an Authorization
to Arrest and Detain
(Form: CN 11200). When a bail investigation is
conducted on the new
charge, the probation officer will provide information
regarding the VOP to
the Criminal Division upon request. The court will
determine if it wishes to
proceed with the VOP or await adjudication of the new
charge.
2. “You shall report to your probation officer as
directed.”
The probation officer shall prepare and file a VOP when,
without good and
sufficient reason, a probationer misses three
consecutive reports or establishes a
pattern of failure to report for more than 60 days.
The probation officer must
consider the totality of the compliance and consult
with the supervisor to assess
the reasons for the failure to report before filing
the VOP.
Probationers are required to report to their probation
officer based upon contact
standards as defined in the Probation Supervision
Manual. (Section 2100, Intake
D 20, and Section 2400, Case Supervision G.4) Failure
to report has been
upheld in case law as a violation of probation.
The probation officer should make progressive and
diligent efforts to establish
contact with the probationer whenever possible in
order to bring the probationer
into compliance. The probation officer should make a
home contact as defined in
Directive #14-06, Probation Field Supervision and
Safety Standards, send a
letter, and phone a responsible person for information
before resorting to a VOP.
Directive #7-08
Adult Violation of Probation Guidelines and Procedures
Section II. Guidelines for Filing a VOP
6
3. “You shall answer truthfully all inquiries made by
your probation officer.”
The probation officer may prepare and file a VOP when
the probation officer
discovers that the probationer is not being truthful.
This condition underlies good
probationer performance. The probation officer must
consider the context in
which the failure to answer truthfully was discovered.
The probation officer must
adequately describe in the case file by chronological
entries the behavior and all
salient aspects of managing the behavior and be
prepared to present that
information to the court.
Failing to tell the truth may constitute relatively
minor non-compliant behavior
which is atypical or incidental. This violation is
most often incorporated with other
violation charges and is usually considered in that
context. Failing to tell the truth
may rise to the level of a VOP when failure to answer
truthfully is used to conceal
other violations of the conditions of probation.
4. “You shall permit your probation officer to visit
your residence or any other
suitable place.”
The probation officer shall prepare and file a VOP if
the probationer is present
and directly denies the probation officer access to
his/her own residence, or other
suitable place.
5. “You shall submit at any time to a search conducted
by a probation officer,
without a warrant, of your person, place of residence,
vehicle or other
personal property.”
The probation officer may prepare and file a VOP if a
probationer refuses to
submit to a duly authorized search by a probation
officer conducted in
accordance with the requirements of Directive #14-06,
Probation Field
Supervision and Safety Standards. The probation officer
should advise the
probationer that a VOP will be filed and the case
returned to court, if the
probationer fails to cooperate. If the probationer
still fails to submit to the search,
the probation officer shall prepare and file a VOP.
6. “You shall promptly report any change of address or
residence to your
probation officer. You must obtain permission from
your probation officer
if you wish to move outside the county or state. You
may not leave the
state of New Jersey for more than 24 hours without permission
from your
probation officer.”
Directive #7-08
Adult Violation of Probation Guidelines and Procedures
Section II. Guidelines for Filing a VOP
7
Knowing where the probationer lives is critical to
supervision activities, e.g.,
monitoring, sending notices, etc. Failure to report a
change of address or
residence should be considered as a VOP, particularly
if a failure to report is
involved.
In order to bring the probationer into compliance, the
probation officer should
make a home contact, send a letter and phone a
responsible person for
information, as appropriate. In addition, postal
traces may be utilized if there is
reason to believe that the probationer is not residing
at the address of record.
The goal is to locate the probationer and secure compliance
with the conditions
of probation. The probation officer should consult
with the supervisor to consider
the background and overall adjustment of the
probationer as well as the
circumstances of the change of address.
The probation officer shall file a VOP if these
efforts produce no response and
there appears to be an intentional action to avoid
supervision.
The probation officer must file a VOP within a week of
knowing that a probationer
has left the State of New Jersey without permission
and fails to return.
The probation officer may prepare and file a VOP if a
probationer leaves New
Jersey without the permission of the probation
officer, and fails to return to New
Jersey after 24 hours.
The probation officer may revoke permission to live
outside New Jersey. If the
probationer continues to reside in another state after
permission is withdrawn,
the probation officer shall file a VOP within one
week.
7. “You shall cooperate in any medical and/or
psychological examinations,
tests and/or counseling your probation officer
recommends.”
The probation officer may prepare and file a VOP if a
probationer fails to enroll or
cooperate with a recommended program of treatment. The
probation officer
should be able to demonstrate that any examination,
test and/or counseling is
justifiable based on the standard that it is
“reasonably related” to the
probationer’s rehabilitation or that it is needed
because the probationer poses a
danger to him self or herself or to the community. If
the probation officer believes
that an examination or evaluation is needed to
determine if treatment or
counseling is appropriate, the probation officer
should direct the probationer to a
provider. If a course of treatment or counseling is
recommended, the probation
officer should make the appropriate referral and
direct the probationer to follow
through within a reasonable timeframe.
Directive #7-08
Adult Violation of Probation Guidelines and Procedures
Section II. Guidelines for Filing a VOP
8
As set forth in the Model for Enhancing Probation
Supervision: Outcome-Based
Supervision Standards (2000), Standard 23, once an
appropriate treatment
program or service is identified, the probationer is
expected to enroll and
cooperate fully. The probation officer should maintain
regular contact with the
treatment provider to monitor the probationer’s
status. Failure to enroll or failure
to cooperate with the program of treatment should be
the basis for a VOP. The
probation officer should consult with the supervisor
before filing a VOP.
8. “You shall submit to drug or alcohol testing at any
time, as directed by
your probation officer.”
Many probationers are addicts when sentenced, and
recovery from addiction is
often characterized by alternating success and
failure. The probation officer shall
respond to any positive drug test. While any positive
drug test may result in a
VOP, this determination must be made on a case by case
basis, preserving for
both the probation officer and the judge the right to
file or require a VOP at any
instance of a failed drug test. Because addiction is a
complex problem, however,
the response to a positive drug test must be based on
an assessment of each
case on its own merits, with all options considered.
Responses to a positive drug
test, short of filing a VOP, may include a broad
variety of sanctions including
increased reporting, increased frequency of substance
abuse testing, loss of a
privilege, referral for a substance abuse evaluation,
a behavioral contract, an
adjustment conference or any of the other graduated
sanctions that are among
the strategies probation uses to assist probationers
in achieving rehabilitation. If
a VOP is filed, the probation officer may include in
the “Recommendation”
section of the VOP Summary (Form: CN 10077) a
recommendation that the court
consider resentencing the probationer to Drug Court.
The probation officer
should consult with the supervisor in determining when
to file a VOP rather than
resorting to a lesser alternative.
If a probationer refuses to submit a sample or submit
to a drug test, this is
tantamount to an admission of drug use and is to be
addressed in the same
manner as a positive drug test.
A probation officer should prepare and file a VOP if a
probationer submits as a
true specimen a substance that attempts to defraud the
administration of a drug
test. If defrauding is involved, the prosecutor’s
office will determine if criminal
charges should be filed under the law as described in
N.J.S.A. 2C: 36-
10(a),(d),(e).
Directive #7-08
Adult Violation of Probation Guidelines and Procedures
Section II. Guidelines for Filing a VOP
9
9. “You shall support your dependents and meet your
family responsibilities.”
The probation officer may prepare and file a VOP where
the probationer fails to
make child support payments (Child Support Enforcement
Unit can be contacted
for arrearage amount), fails to keep school age
children in school, fails to provide
food and shelter, abandons, abuses or neglects
children, or engages in other
conduct the probation officer deems inappropriate. The
probation officer should
consult with the supervisor in determining when to
file a VOP.
10. “You should seek and maintain gainful employment
and promptly notify
your officer when you change your place of employment
or find yourself
out of work.”
The probation officer may prepare and file a VOP if
the probationer willfully fails
to seek, obtain and maintain employment. The probation
officer should assist the
probationer in taking all steps possible to seek,
obtain and maintain employment.
The probation officer should consult with the
supervisor in determining whether to
file a VOP.
11. “You shall not have in your possession any firearm
or other dangerous
weapon as defined in N.J.S.A. 2C: 39 et seq. If you
possess a permit to
purchase a handgun or a firearms purchaser
identification card, you must
surrender these documents promptly to your probation
officer. In addition,
if you presently own any weapons, they must be
surrendered either to your
local police department or to any other criminal
justice agency designated
by your probation officer.”
The probation officer shall prepare and file a VOP if
a probationer fails to
surrender any firearm, dangerous weapon, permit to
purchase a handgun, or
firearms purchaser identification card after being
notified to do so. Probationers
must not have dangerous weapons in their possession
throughout the probation
term. Probationers are required to surrender weapons
legally or illegally
possessed and may not acquire other weapons while on
probation.
12. “You shall make payments on any fine, penalty
assessment, restitution or
other financial obligation as provided by Court order.
Failure to comply
may result in further Court action, pursuant to
N.J.S.A. 2C: 46-2b including
attachment of your wages, filing of a civil judgment,
and/or extension of
your probation term.”
The probation officer may prepare and file a VOP if a
probationer fails to make
payments on financial obligations as provided by court
order. If this is the only
Directive #7-08
Adult Violation of Probation Guidelines and Procedures
Section II. Guidelines for Filing a VOP
10
condition being violated, the probation officer should
consider sending the case
to the Comprehensive Enforcement Program (CEP) for
enforcement instead of
filing a VOP. The probation officer should consult
with the supervisor in
determining whether to file a VOP.
13. “You shall provide a DNA sample as a condition of
the sentence imposed,
pursuant to DNA Database and Databank Act of 1994,
N.J.S.A. 53:1-20.17,
et seq. (see L. 1994, c. 136, as amended by, L. 2000,
c. 118, as amended by
L. 2003, c. 183 effective Sept.22, 2003) unless you
are convicted of a
disorderly persons offense or a petty disorderly
persons offense.”
A probation officer shall prepare and file a VOP as
soon as the probation officer
becomes aware that the probationer has willfully
refused to submit a DNA
sample. Generally, Criminal Division staff directs the
probationer to report for
DNA sample collection, usually by the Sheriff,
immediately following sentencing.
If a county is unable to collect the DNA sample
immediately, Criminal Division
staff provides the probationer with a date, time and
site to report for DNA sample
collection.
14. Special Conditions
The court has the authority to impose other conditions
at the time of sentencing.
The Code of Criminal Justice provides that in addition
to the standard conditions,
the court may require the probationer “to satisfy any
other conditions reasonably
related to the rehabilitation of the defendant and not
unduly restrictive of his
liberty or incompatible with his freedom of
conscience.” See N.J.S.A. 2C:45-
1(b)(12). Any court-ordered special condition is to be
enforced on the same
basis as a Standard Condition of Probation.
Directive #7-08
Adult Violations of Probation Guidelines and Procedures
Section III. Procedures for Filing a VOP
11
III. PROCEDURES FOR FILING ADULT VIOLATIONS OF
PROBATION
NOTE: These procedures are tailored to Superior Court
cases, but may be adapted for
VOPs arising out of Municipal Court sentences.
1. Response to probationer non-compliance
Probation supervision offers probationers the
“conditioned liberty” opportunity to
remain in the community subject to compliance with the
rules and conditions
imposed by the sentencing judge. Standard and special
conditions impose
obligations and restrictions on the probationer.
Non-compliance with standard and special conditions of
probation requires a
response by the probation officer. The following steps
should be followed when
a probation officer believes the probationer’s non-compliance
is of such a nature
that a VOP should be filed.
2. Consultation with the Supervisor
The probation officer must consult with the supervisor
to review the case and
validate that the guidelines for VOPs are being
applied fairly and equally, there is
appropriate use of professional discretion, and
justification to file a VOP.
3. Preparation of Violation of Probation documents
N.J.S.A. 2C:45-4 requires that prior to revocation of
suspension of sentence or
probation, the defendant must be provided with written
notice of the grounds for
the proposed action. Further, the defendant must be
afforded a hearing at which
he has the right to hear and controvert the evidence
against him, to offer
evidence in his defense and to be represented by
counsel. These requirements
are consistent with the minimum safeguards required as
a matter of due process
as set forth by the U.S. Supreme Court in Gagnon v.
Scarpelli, 411 U.S. 778
(1973).
Consistent with the probationer’s due process rights
the probation officer must
prepare the VOP Statement of Charges (Form: CN 10076)
which is a detailed
description of the alleged violations (sample charging
language is on the back of
the form); the VOP Summary (Form: CN 10077) which
provides information
documenting the probation officer’s efforts to secure
the probationer’s
compliance with the court order and/or serves as a
summary for sentencing
purposes; possibly the VOP Addendum (Form: CN 10214)
if an update to the
VOP Summary is needed; and the VOP Hearing Summons
(Form: CN 10075)
Directive #7-08
Adult Violations of Probation Guidelines and
Procedures
Section III. Procedures for Filing a VOP
12
which informs the probationer of the date, time and
place of the hearing, advising
of the opportunity to be heard as to the allegations
and that a warrant may be
issued for failure to appear. The right to be
represented by counsel is also
indicated.
When a probationer is authorized to move, supervision
is transferred to the
county of residence. When the probationer violates the
conditions of probation
after such an intercounty transfer occurs, the
supervising county prepares the
VOP documents (Forms: CN 10076. 10077, 10214, 10075)
and forwards these
to the sentencing county. The sentencing county will
schedule the VOP hearing
and send out the notices (Forms: CN 10076, 10075) to
the defendant and advise
the probation officer in the supervising county of the
date and time of the hearing.
(see Probation Supervision Manual, Inter-county
Transfer Procedures, section
2200, J. 1-9)
4. Supervisor reviews and signs VOP documents
The VOP Statement of Charges, Summary and Addendum
(Forms: CN 10076,
10077, and 10214) each contain lines for the
supervisor’s signature which
ensures that the VOP report has been reviewed and is
accurate.
5. The Chief Probation Officer or designee reviews and
signs VOP Hearing
Summons
The VOP Hearing Summons (Form: CN 10075) contains a
line for the signature
of the Chief Probation officer, indicating that the
Chief Probation Officer has
approved the action.
6. Scheduling of the VOP hearing date
Generally, one of three methods is used to select a
hearing date:
• Probation officer contacts Criminal Division Management Office for a date;
or
• Probation Division schedules within its own time block allotted to it on a
continuing basis; or
• Criminal Division Management Office places the VOP on the calendar.
There may be other methods as well, since the
scheduling of the VOP hearing is
determined by local calendaring procedures. The
summons notice (Form: CN
10075) must contain the date, time and place of the
VOP hearing.
Directive #7-08
Adult Violations of Probation Guidelines and
Procedures
Section III. Procedures for Filing a VOP
13
7. Filing of the VOP -- copies sent to:
• Judge hearing the VOP;
• Prosecutor;
• Criminal Division Management Office;
• Defense Counsel.
R. 1:5-6 (a),(b)(2) requires that filings in criminal
actions are to be filed with the
Criminal Division Manager in the county of venue; i.e,
where the defendant was
sentenced. The VOP must be filed prior to the
expiration of the term of
supervision.
The filing of the VOP document with Criminal Division
and commencement of a
probation revocation proceeding tolls the probationary
period until termination of
such proceedings. Tolling refers to a suspension or
temporary stopping of the
running of the time of the term. In December 2003, the
New Jersey Supreme
Court determined that these “…three statutorily
authorized initiatives – issuance
of an arrest warrant, summoning a defendant to appear
and actual arrest –
constitute commencement for tolling.” State v. Nellom,
178 N.J. 192, 202 (2003).
Thus, in addition to the filing of the VOP, a warrant
or a summons to appear must
be issued or an arrest made prior to the expiration of
the term of supervision in
order to toll the term.
In addition to prosecuting any new arrest, the
Prosecutor is responsible for
prosecuting the VOP. (see Directive #4-06,
Prosecutor’s Role in Violation of
Probation (VOP) Proceedings). A VOP is an adversarial
process in which the
probation officer is the witness and the Prosecutor
represents the State’s
interests. The Prosecutor should be sent a copy of the
VOP materials
accompanied by a standard notice, the Memorandum to
the Prosecutor (Form:
CN 11201). If no concerns are expressed to the court
or Probation within ten
calendar days from the date of the memorandum, the
matter will proceed as
scheduled.
8. Notice Given to the Defendant
Notice shall be provided to the defendant by either
the Probation Division or the
Criminal Division. Pursuant to R. 1:5-2, personal
service is the preferred method
of service. This may be done by the probation officer.
The defendant may also
be noticed by certified mail, return receipt
requested. At times, persons will not
sign for certified so regular mail can also be sent.
There are some instances where it may be necessary to
detain the probationer
prior to the VOP proceedings. (see Sections II.1. D.,
E. above)
Directive #7-08
Adult Violations of Probation Guidelines and
Procedures
Section III. Procedures for Filing a VOP
14
9. PO and Probation Court Liaison Notification
Once the date of the hearing has been established, the
probation officer and the
probation court liaison must also be notified as to
the date of the hearing.
Notification should be made by the Probation or
Criminal Division (as noted
above).
There may be some differences form vicinage to
vicinage as to how the
probation officer and probation liaison receive notice
of the VOP hearing but it is
the responsibility of Probation Division to ensure
that local practice includes a
reliable method of noticing both the probation officer
and the liaison.
10. Defendant Notified Regarding Public Defender
Representation and
Application as Appropriate
The defendant has the due process right to be
represented by counsel. If a
person under supervision is indigent and unable to
afford the services of an
attorney, he or she has the right to appointed counsel
on a case-by-case basis.
11. Prosecutor Presents the Case at the hearing
County Prosecutors are responsible for the prosecution
of defendants. The
probation officer or a probation court liaison serves
as a witness at the VOP
proceeding. If there is a plea of guilty or reasonable
grounds are found to exist to
believe that the alleged violations have been
committed and there is a “not guilty”
plea, the court may dispose of the matter immediately
or schedule a further
hearing.
12. The VOP Hearing Summons
The date, time and place of the hearing must be
provided to the defendant using
a VOP Hearing Summons (Form: CN 10075). If the probationer
fails to respond
to a summons to appear for the VOP, the court issues a
bench warrant.
13. Hearing and Disposition
In a VOP proceeding, two factors are of particular
importance in determining
whether the sentence of probation should be revoked
and the defendant
resentenced: first, the nature of the non-compliant
behavior that led to the
revocation hearing and, second the nature of the
offense for which the
probationer was originally sentenced. The first is
relevant in determining whether
Directive #7-08
Adult Violations of Probation Guidelines and
Procedures
Section III. Procedures for Filing a VOP
15
probation should be revoked. The second is relevant to
the sentence to be
imposed if probation is revoked. The prosecutor and
defense attorney should
have the file information made available in accordance
with the Rules of
Discovery. R.3:13-3(c), (d), (e).
When the court resentences a defendant because the
defendant has violated the
terms of probation, the court may, in most
circumstances, impose any sentence
that could have been imposed originally for the
offense on which the probationer
was convicted. See N.J.S.A. 2C:45-3b. An exception is
a sentence in which the
prosecutor, pursuant to N.J.S.A. 2C: 35-12, waives the
mandatory minimum term
in a school zone case or other case with a required
minimum term under Chapter
35 and consents to probation. In State v. Vasquez, 129
N.J. 189 (1992), the
New Jersey Supreme Court ruled that the court may not
impose such previously
waived mandatory minimum term on a violation of
probation sentence. The
court may, however, after weighing the aggravating and
mitigating factors
pursuant to N.J.S.A. 2C:44-1, impose a term of
imprisonment and, if the court
determines that the aggravating factors substantially
outweigh the mitigating
factors, may set a parole ineligibility term of up to
one-half of the sentence. See
N.J.S.A. 2C:43-6b. Such minimum term would result from
the weighing of the
aggravating and mitigating factors and not from the
originally waived minimum
term.
The sentences with original waivers of mandatory
minimum terms under N.J.S.A.
2C:35-12 must be distinguished from sentences of
defendants admitted to the
Drug Court under N.J.S.A. 2C:35-14. This statute
allows the court, on a violation
of probation, to impose any sentence which could have
been originally imposed,
including the mandatory minimum term. Most defendants
admitted to Drug
Court under this statute, which is referred to as
Track One, agree at the time of
the plea to an alternate sentence, including a mandatory
minimum term, which
would be imposed if the defendant is terminated from
the Drug Court.
14. Final disposition is recorded
The court clerk records the resentence disposition and
enters it into
PROMIS/GAVEL. When the Judgment of Conviction is produced,
the Criminal
Division forwards a copy to the Probation Division.
15. Probationers and Others Subject to the Interstate
Compact
The same supervision requirements and VOP standards
apply to those
sentenced in other states and transferred to New Jersey
through the Interstate
Compact for Adult Offender Supervision (ICAOS).
According to ICAOS Rule
4.101, of the Interstate Commission for Adult Offender
Supervision Rules
Directive #7-08
Adult Violations of Probation Guidelines and
Procedures
Section III. Procedures for Filing a VOP
16
(available on the Judiciary Infonet), an offender
shall be supervised “consistent
with the supervision of other similar offenders
sentenced in the receiving state.”
As with probationers/offenders sentenced in New
Jersey, the ICAOS requires the
probation officer in the receiving state to take
action on behavior that does not
comply with the standard or special conditions of
probation.
ICAOS Rule 4.109 further requires New Jersey to notify
a sending state of
significant violations of conditions of supervision
within 30 calendar days of
discovery of the violation. The probation officer must
complete the ICAOS
Offender Violation Report (Form: CN 11206) and submit
it to the Administrative
Office of the Courts Interstate Compact Unit for
forwarding to the sending state.
On cases where New Jersey is the sending state, ICAOS
Rule 4.109 requires the
probation officer to respond to an Offender Violation
Report submitted by the
receiving state no later than ten business days
following receipt by the sending
state. The response shall include action to be taken
by New Jersey and the date
by which that action will begin and its estimated
completion date.
For further guidance on when “retaking” is required by
the sending state, see
Chapter 5 of the ICAOS Rules, effective January 1,
2005, available on the
Judiciary Infonet.
Directive #7-08
Adult Violations of Probation Guidelines and
Procedures
Section IV. Guidelines for Authorization to Arrest and
Detain for a VOP
17
IV. GUIDELINES FOR THE AUTHORIZATION TO ARREST AND
DETAIN A PROBATIONER FOR A VIOLATION OF PROBATION
Pursuant to N.J.S.A. 2C:45-3(a)(2) a Chief Probation
Officer has statutory
authority to request that a probation officer or a
peace officer arrest a probationer
without a warrant. Probation officer arrest activities
must comply with the
provisions set forth in Directive #14-06, Probation
Field Supervision and Safety
Standards. The statute provides that:
At any time before the discharge of the defendant or
the termination of the
period of suspension or probation…
[a] probation officer or peace officer, upon request
of the Chief Probation
Officer or otherwise having probable cause to believe
that the defendant
has failed to comply with a requirement imposed as a
condition of the
order or that he has committed another offense, may
arrest him without a
warrant.
Guidelines for Detention Warrants
If there is reason to issue an Authorization to Arrest
and Detain a probationer for
a VOP, the probation officer should confer with the supervisor.
There must be
adequate evidence to indicate serious or repeated
patterns of violations of
conditions and a compelling need for detention pending
the court’s decisions.
Examples of factors to be considered are:
1. If the probationer is a danger to the persons or
property of others.
2. If the probationer is a danger to himself or
herself.
3. If there is a risk of flight.
4. If the probation officer believes the probationer
has committed or is
committing a serious or persistent violation of
probation condition(s).
5. Other reasons deemed appropriate by the court,
chief probation officer or
designee.
When the Chief Probation Officer asks another agency
(e.g., the county sheriff)
to execute the Authorization to Arrest and Detain, the
Probation Division should
follow up on the status, utilizing a central log
indicating the date issued, date of
the arrest, and if and when the Authorization was
returned.
The Authorization to Arrest or Detain is a two-sided
document that can be folded
into three sections (Form: CN 11200). The right side
of the Authorization itself is
a receipt for the arrest and detention of the
probationer. Upon execution of the
Authorization, this section is to be signed by the
arresting agency and returned to
the Probation Division for record keeping. At that
time the probationer will be
scheduled for a hearing. (see Section II.1.E. above)
Directive #7-08
Adult Violations of Probation Guidelines and
Procedures
Section V. Jail Credit Guidelines
18
V. JAIL CREDIT GUIDELINES
When completing the VOP Statement of Charges (Form: CN
10076), it is the
obligation of the probation officer to advise the
court of the number of jail days to
be credited, noting beginning and end date(s) for each
type of credit on the
Statement of Charges. Credit is the total of the time
served prior to sentencing
that appears on the Judgment of Conviction, plus any
days served in custody
and under parole supervision, in circumstances set
forth in State v. Rosado, 131
N.J. 423 (1993).
A probationer is entitled to credit for any time
served in custody between arrest
and resentencing. (See State v. Reyes, 207 N.J. Super
126 (App Div 1986) and
R. 3:21-8.)
Where a term of imprisonment is a condition of
probation and the probationer is
thereafter sentenced to imprisonment upon revocation
of probation, the prior
term of imprisonment is to be credited toward the
subsequent term. See N.J.S.A.
2C:45-1e.
Prior Service Credit
The VOP Statement of Charges should distinguish which
portion of the prior
incarceration represents prior service of the sentence
and which portion
represents presentencing jail credits. Since
commutation credits are awarded
against prior service time but not against regular
jail credit, the Statement of
Charges must distinguish between the two. Thus, jail
credit includes time in
custody prior to the sentencing date, and prior
service credit includes time spent
in service of the sentence after the sentencing date.
“Rosado Credits”
Certain credits are granted only on a VOP. The Supreme
Court has held that a
defendant is entitled to jail credits for time spent
under county parole supervision
in certain circumstances. Stave v. Rosado, supra. If a
person is given up to a
364 day sentence as a condition of probation, that
probationer is entitled to jail
credits from the date of the incarceration until the
date he or she is discharged
from county parole supervision, if subsequently
committed for a violation of
probation. Rosado allows for credits from the date of
parole release until the
date that parole authorities discharge the defendant
from supervision relating to
that 364 day term.
In Rosado, the Court’s decision was based largely on
the fact that the
defendant’s status during the 364 day term was that of
a parolee and, as parole
is a continuation of custody, calculation of the
defendant’s maximum term must
Directive #7-08
Adult Violations of Probation Guidelines and
Procedures
Section V. Jail Credit Guidelines
19
include time served on parole. The Court held that R.
3:21-8 did not apply
because it is limited to cases in which time was
served prior to the imposition of
sentence.
Information relating to this discharge date must be
obtained by contacting the
local Parole Office to ascertain when the defendant
was released from county
parole supervision.
Directive #7-08
Adult Violations of Probation Guidelines and
Procedures
Section VI. Guidelines on Providing Information to the
Court on Alternate Care Needs
20
VI. GUIDELINES ON PROVIDING INFORMATION TO THE COURT
ON
ALTERNATECARE NEEDS
Legislation signed into law on January 14, 2004 and
effective April 13, 2004,
establishes requirements to collect information
regarding the care of minor
children when the sole caretaker is being incarcerated
and to refer the
child(ren) to the Department of Youth and Family
Services (DYFS) in certain
situations. See N.J.S.A. 2C:44-6.2. If, in the course
of preparing a VOP, the
probation officer determines that the violation may
result in the probationer’s
incarceration, information as to whether the
probationer is the sole caregiver
must be noted on the bottom of the VOP Summary if it
is known.
This following section is included in the VOP Summary
form to provide this
information to the court. The probation officer should
complete this section
with information available at the time the VOP Summary
is completed.
Inquiry about Dependent Children/Disabled Adults if
Incarceration is Recommended
Does the Probationer have primary care of children or
other dependents?
ô€€€ YES, see attached ALTERNATE CARE ADDENDUM
ô€€€ NO
ô€€€ NOT KNOWN
ô€€€ LAST KNOWN, see narrative below
If the probation officer has no information to suggest
that a probationer is the
sole caregiver for a minor child or disabled adult, it
is important to advise the
court that no information is known. In that case, the
“NOT KNOWN” box
should be checked.
If the probation officer has reason to believe that in
the past the probationer
was the sole caregiver of a minor child or disabled
adult but is not aware of
current arrangements, the “LAST KNOWN” box should be
checked and that
information should be noted in a brief narrative.
If the probation officer has information relevant to
current alternate care
needs, “YES” should be checked and that information
should be entered on
the Alternate Care Addendum (Form: CN 11203). The
Alternate Care
Addendum should be submitted to the court together
with the VOP Summary.
This will provide the court with information to make
further inquiries regarding
the care of the minor children or disabled adults and
to make the necessary
referral to DYFS if indicated.
SUPERIOR COURT OF NEW JERSEY
TcaName
TRIAL COURT ADMINISTRATOR
VcpoName
VICINAGE CHIEF PROBATION OFFICER
SupName
SUPTITLE
VICINAGE VICNUM
COUNTYNAME COUNTY
UnitName
UnitAddress
VIOLATION OF PROBATION – STATEMENT OF CHARGES
State of New Jersey Ind./Acc/Complt. #:
PROMIS #:
Vs. CAPS ID #:
Custody Status:
Jail Credit:
Rosado Time:
Gap Time:
Prior Service:
On the above named appeared in the Superior Court of
New Jersey, County and
was sentenced to probation by Judge on the charges of:
Original Charge(s):
Disposition(s):
The defendant is charged with violating the conditions
of probation as follows:
Probation Officer Date Supervisor Date
Revised Form Promulgated by Directive #7-08
(04/07/08), CN 10076-English
VIOLATION OF PROBATION
CONDITIONS OF PROBATION
“CHARGING LANGUAGE”
1. A. While under the active probation supervision,
the probationer has been arrested and
convicted of a new offense. Specifically: (Date),
(location), (charge) (or date of
hearing sentence)
B. While under supervision, the probationer has been
charged with a new offense.
Specifically: (date, (location), (charge)
2. The probationer has failed to report to the
Probation Officer as directed. Specifically, the
probationer failed to report on the following dates:
3. The probationer has failed to truthfully answer
inquiries made by the Probation Officer,
specifically: (date), (location), (details of event)
4. The probationer has failed to permit the Probation
Officer to visit residence/other suitable
place, specifically: (date), (location), (details of
event)
5. The probationer has failed to submit to a search by
the Probation Officer, specifically:
(date), (location), (details of event)
6. A. The probationer has failed to keep the Probation
Officer advised of a change of
address, specifically: (date), (location), (details of
event)
B. The probationer failed to obtain permission from
the Probation Officer to move
outside the county or state, specifically: (date),
(location), (details of event)
C. The probationer left the state of New Jersey for
more than 24 hours without
permission from the Probation Officer, specifically:
(date), (location), (details of
event)
D. The probationer has failed to return to the state
of New Jersey as directed by the
Probation Officer, specifically: (date), (location),
(details of event)
7. The probationer failed to cooperate in
examination/tests/counseling treatment as directed
by the Probation Officer, specifically: (date),
(agency), (name of agency representative
who provided documentation), (details of event)
8. A. The probationer failed to submit to drug/alcohol
testing as directed by the Probation
Officer, specifically: (date), (agency), (name of
agency representative who provided
documentation), (details of event)
B. The probationer submitted urine specimens which
tested positive for drug/alcohol
use, specifically: (date), (test results)
C. The probationer submitted an adulterated sample,
specifically: (dates), (test results)
Revised Form Promulgated by Directive #7-08
(04/07/08), CN 10076 –English page 1 of 2
Revised Form Promulgated by Directive #7-08
(04/07/08), CN 10076 –English page 2 of 2
9. The probationer failed to support dependent and
meet family obligations, specifically:
(date), (name/source of information/documentation),
(details of event/financial
institution)
10. A. The probationer failed to seek/maintain gainful
employment, specifically: (date),
(name/source of information/documentation), (details
of event)
B. The probationer failed to promptly notify the
Probation Officer of employment status,
specifically: (date), (name for information
documentation), (employer), (details of
event)
11. A. The probationer possessed a firearm/other
dangerous weapon as defined in
N.J.S.A 2C:39 et. seq., specifically: (date),
(location), (name of person/agency to
provided documentation), (details of event)
B. The probationer possessed and failed to promptly
surrender a firearms purchase
permit to the Probation Officer, specifically: (date),
(location), (name of
person/agency to provide documentation), (details of
event)
C. The probationer failed to surrender a weapon to the
local police department/any other
criminal justice agency designated by the Probation
Officer, specifically: (date),
(location), (name of person/agency to provide
documentation), (details of event)
12. The probationer failed to pay Court imposed
financial obligations, specifically: as of
(date financial information is calculated and
current), total amount of financial obligation
ordered $ , total amount paid $ , total amount
outstanding $ . The
date of last payment being:
13. The probationer has willfully refused to submit a
DNA sample, specifically: (date),
(location), (name of person/agency to provide
documentation), (details of event)
14. The probationer has failed to cooperate in the
performance of Community Service,
specifically: as of (date Community Service
information is calculated), the probationer
was ordered to perform Hours, has performed Hours, has
Hours
remaining. The last date Community Service was
performed was .
15. The probationer has failed to meet the special
Conditions of Probation imposed by the
court, specifically:
Revised Form Promulgated by Directive #7-08
(04/07/08), CN 10077-English
SUPERIOR COURT OF
FICER
NEW JERSEY
TRIAL CO TRATOR
VICINAGE CHI ION OF
SUPTITLE
TcaName
URT ADMINIS
VcpoName
EF PROBAT
SupName
COUN UNTY
UnitAddress
Honorable
VIOLATION OF PROBATION SUMMARY
e:
BI/FBI #:
Address:
G STATEMENT
VICINAGE VICNUM
TYNAME CO
UnitName
Probationer Nam Ind./Acc./Complt. #:
PROMIS #:
CAPS ID #:
S
OPENIN
EFFORTS TO GAIN COMPLIANCE
PROBATION ADJUSTMENT
RECOMMENDATION
Inquiry about Dependent Children/Disabled Adults if
Incarceration is Recommended
Does the Probationer have primary care of children or
other dependents?
YES, see attached ALTERNATE CARE ADDENDUM
NO
NOT KNOWN
LAST KNOWN, see narrative below
Probation Officer Date Supervisor Date
Revised Form Promulgated by Directive #7-08
(04/07/08), CN 10214-English
SUPERIOR COURT OF
R
NEW JERSEY
TRIAL COURT A MINISTRATOR
VICINAGE CHIEF P BATION OFFICE
SUPTITLE
TcaName
D
VcpoName
RO
SupName
VICINAGE VICNUM
COUN UNTY
UnitAddress
TYNAME CO
UnitName
VIOLATION OF PROBATION - ADDENDUM
State of New Jersey Ind./Acc/Complt. #:
PROMIS #:
Vs. CAPS ID #:
Custody Status:
Jail Credit:
Rosado Time:
Gap Time:
Prior Service:
Probation Officer Date Supervisor Date
Promulgated by Directive #7-08 (04/07/08), CN
10075-English
SUPERIOR COURT OF
TRATOR
ON OFFICER
NEW JERSEY
TRIAL CO
VICINAGE CHI TI
SUPTITLE
TcaName
URT ADMINIS
VcpoName
EF PROBA
SupName
COUN UNTY
UnitAddress
VIOLATION OF PROBATION HEARING SUMMONS
o: lt.
CAPS ID #:
hat you are to appear before Judge
of the Court located at on .
of Probation is attached. You will be given the
opportunity to be heard
as to these allegations.
vices of
on by the Office of the Public Defender by
contacting:
Failure to appear at this hearing will result in the
issuance of a warrant for your arrest.
Date of Issuance Vicinage Chief Probation Officer or
Designee
VICINAGE VICNUM
TYNAME CO
UnitName
T RE: Ind./Acc./Comp
PROMIS #:
In accordance with N.J.S.A. 2C:45-3, you are hereby
notified t
Notice of the Violation
Your have the right to be represented by an attorney.
If you are unable to afford the services of
an attorney, you may apply for representation…..
Probation Officer Telephone Number
SUPERIOR COURT OF NEW JERSEY
TcaName
TRIAL COURT ADMINISTRATOR
VcpoName
VICINAGE CHIEF PROBATION OFFICER
SupName
SUPTITLE
VICINAGE VICNUM
COUNTYNAME COUNTY
UnitName
UnitAddress
MEMORANDUM
To: County Prosecutor
From: Probation Division
Re: VIOLATION OF PROBATION
NAME
IND/ACC/Complaint #
PROMIS #
CAPS ID #
Date: _
Attached is the documentation which the Probation
Division has prepared in order to process the above
named individual for a violation of probation. Please
advise the Probation Officer named below of any
procedural concerns that might interfere with
prosecuting the VOP.
Thank you for your continued cooperation.
Probation Officer Phone Number
Vicinage Chief Probation Officer/Designee Phone Number
Promulgated by Directive #7-08 (04/07/08), CN
11201-English
MAIL TO:
Probation Officer
Address
Address
City State Zip Code
Telephone Number
PROBATIONER IDENTIFIER
Name:
AKAs:
Age: Sex: Race:
Eye Color: Hair Color:
Height: Weight:
Special Marks (Scars/Tattoos, etc.)
Date of Birth:
Place of Birth:
Social Security #:
SBI #: FBI #:
Driver=s License #:
State:
Last Known Address:
Last Known Employer:
Warrant No.
The State of New Jersey
vs.
Warrant
Authorization to Arrest and Detain a
Probationer for Violation of Probation
Vicinage Chief Probation Officer
Promulgated by Directive #7-08 (04/07/08), CN
11200-English page 1 of 2
The State of New Jersey
vs.
Warrant Number:
Warrant
AUTHORIZATION TO ARREST AND DETAIN A
PROBATIONER FOR VIOLATION OF PROBATION
Probation #:
Court:
Judge:
Indictment/Acc./Comp#:
Promis/Gavel #:
THIS IS TO CERTIFY that , a person
convicted of an offense and placed on probation and in
my care for a charge of
, has, in my judgment, violated probation, in that:
THIS IS THEREFORE your authorization for the arrest
and detention of the said
individual in the
of until this person can be brought before the Court
as required by
N.J.S.A. 2C:45-3.
Dated:
Vicinage Chief Probation Officer
RECEIPT FOR WARRANT AUTHORIZING ARREST AND DETENTION
OF PROBATION VIOLATOR
To be returned to the office of the Vicinage Chief
Probation Officer
Probationer: NUMBER:
Address:
Probation Number: Court:
Probation Officer:
Date of Expiration of Probation Term:
Date of Issuance of Warrant:
Warrant Sent to:
SIGNATURE TITLE PHONE
of person completing this form
Promulgated by Directive #7-08 (04/07/08), CN
11200-English page 2 of 2
SUPERIOR COURT OF NEW JERSEY
TcaName
TRIAL COURT ADMINISTRATOR
VcpoName
VICINAGE CHIEF PROBATION OFFICER
SupName
SUPTITLE
VICINAGE VICNUM
COUNTYNAME COUNTY
UnitName
UnitAddress
CONFIDENTIAL ~ NOT TO BE RELEASED
ALTERNATE CARE ADDENDUM
Probationer’s Name: Ind./Acc/Complt. #:
PROMIS #:
Address: CAPS ID #:
Custody Status:
SBI/FBI#:
Social Security #:
DEPENDENTS Needing Alternate Care
Has the Probationer made Alternate Care Arrangements?
YES NO
Names and Relationships of Dependent Children/Disabled
Adults in Probationer’s primary care:
1.
2.
Name
Name
Relationship
Relationship
Age
Age
Gender
Gender
3. Name Relationship Age Gender
Are any of the dependents disabled? YES NO
If yes, indicate which: 1 2 3
ALTERNATE PROVIDER INFORMATION
Name
Address
Telephone
DOB AGE Gender SSN
Relationship
Does Probationer indicate that the provider is willing
to assume responsibility?
YES NO NOT KNOWN
Probation Officer Date Supervisor Date
Promulgated by Directive #7-08 (04/07/08), CN 11203-English
OFFENDER
VIOLATION REPORT
To: Date: Type of supervision:
Parole Probation
Other:
Is this case:
Registered Sex
Offender
Victim sensitive
From: Phone #: Fax #:
OFFENDER INFORMATION
Offender’s full name (last, first, MI): Offender
number:
Sending state#: Receiving state#:
AKA:
SS#: (if available) FBI#: (if available) Sex: Race:
DOB:
TYPE OF REPORT (check all that apply)
Violation(s) without arrest
Arrest
Absconder
Conviction
RECOMMENDATION
Remain under supervision
Order offender to return to sending state
Warrant requested
OFFENDER CUSTODY STATUS & LOCATION
In custody, current location:
On bond, amount: $
ROR
CURRENT RESIDENCE
Offender resides with – name, relationship:
,
Phone #:
Address: City: State: Zip:
EMPLOYMENT STATUS
Employed full time
Unemployed/reason:
Offender’s employment:
Employer’s street address: City: State: Zip: Telephone
#:
Offender’s employment supervisor: Offender’s job
title:
NEW ARREST INFORMATION
Date: City: County:
Case #:
Arresting Agency:
Case #:
Offense description (attach offense report, if
available):
(Revised 2/4/08)
Offender Violation Report 2
CURRENT SPECIFIC VIOLATIONS
(Specify violation and provide all details to support
the violation below*, including evidence, witnesses’
names, and witnesses’ contact information)
Violation Date occurred
123
4
5
*Details of current violation(s):
Previous Violation Date of Report Date of Response
1
2
3
4
5
Offender’s compliance to prior sanctions following
violation:
ABSCONDING INFORMATION
Last known address:
Last known employment information:
Date of last face-to-face contact with offender:
Details of how offender was determined to be an
absconder:
NEW CONVICTION INFORMATION
Date of sentence: Offense(s): Felony Misdemeanor Other
Disposition: Guilty Not guilty No contest Charges
withdrawn
Name and location of court: Case #:
Sentence:
If incarcerated, name and address of holding agency:
ATTACHMENTS
Check all information that is
attached to this form:
Police report
Toxicology report
Preliminary findings report
Other documentation
regarding violation
Supervising Officer/Location: Date: Compact
Administrator/Designee: Date:
