NCJ Number
42457
Date Published
1977
Length
18 pages
Annotation
THIS STUDY LOOKS AT THE LEGALITIES SURROUNDING A NUMBER OF PROBATION SITUATIONS, INCLUDING WEEKEND JAILTIME AND THE CIVIL LIABILITY OF PROBATION OFFICERS IN PERFORMING SUPERVISION DUTIES.
Abstract
IN DISCUSSING THE LEGALITIES OF WEEKEND JAILTIME, IT IS RECOMMENDED THAT IT BE MADE A STRAIGHT CONDITION OF PROBATION. IT IS THE OPINION OF THE ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS THAT DESIGNATED RESIDENCE IN A COMMUNITY TREATMENT CENTER AS A CONDITION OF PROBATION DOES NOT REPRESENT A PERIOD OF INCARCERATION FOR PURPOSES OF CREDIT TOWARD SERVICE OF A PRISON SENTENCE. IN DISCUSSING THE CIVIL LIABILITY OF PROBATION OFFICERS IN PERFORMING SUPERVISION DUTIES, IT IS POINTED OUT THAT EACH ACT MUST BE WITHIN THE SCOPE OF THE OFFICER'S OFFICIAL DUTIES IN ORDER TO WARRANT COVERAGE BY QUASI-JUDICIAL IMMUNITY. THE DISTINCTION BETWEEN THE MINISTERIAL AND DISCRETIONARY ACTS OF THE PROBATION OFFICER IS DESCRIBED. THE LEGAL MEANING OF POSSESSION OF FIREARMS BY CONVICTED FELONS ON PROBATION IS ALSO TREATED. IN CONSIDERING A A PROBATIONER'S RIGHT TO A HEARING UNDER MODIFICATION OF PROBATION CONDITIONS, IT IS DETERMINED THAT A HEARING WOULD BE WISE, IN THAT IT WOULD ENHANCE THE ADMINISTRATION OF JUSTICE AND AID THE COURT IN ITS SUPERVISORY ROLE....RCB