NCJ Number
49163
Date Published
1976
Length
13 pages
Annotation
COURT DECISIONS PERTAINING TO ASPECTS OF PROBATION -- PRELIMINARY HEARINGS PRIOR TO REVOCATION, TIMELY EXECUTION OF REVOCATION WARRANTS, BASIS FOR REVOCATION, CONDITIONS OF PROBATION -- ARE REVIEWED.
Abstract
THE DISCUSSION OPENS WITH THE COMMENT THAT MORE DEFINITIVE GUIDANCE FROM THE COURTS ON PROBATION PRACTICES AND PROCEDURES IS NEEDED. COURT DECISIONS REJECTING THE PRELIMINARY HEARING REQUIREMENT FOR REVOCATION CASES WHERE NO DETENTION OCCURS ARE CITED, AS IS A CONFLICT AMONG FEDERAL COURTS AS TO WHAT CONSTITUTES TIMELY EXECUTION OF A REVOCATION WARRANT FOR PROBATIONERS (AND PAROLEES) WHO COMMIT LAW OFFENSES WHILE ON CONDITIONAL RELEASE AND, AS A RESULT, ARE INCARCERATED IN STATE PRISONS. OTHER COURT DECISIONS CITED RELATE TO THE BASIS FOR PROBATION REVOCATION (E.G., A DECISION THAT A PAROLEE, ACQUITTED WHILE ON PAROLE OF A NEW CRIMINAL CHARGE, CANNOT BE SUBJECTED TO REVOCATION PROCEEDINGS FLOWING OUT OF THE FACTS THAT GAVE RISE TO THAT CRIMINAL CHARGE); REVOCATION HEARINGS (E.G, APPLICABILITY OF THE FOURTH AMENDMENT PROHIBITION AGAINST UNREASONABLE SEARCHES AND SEIZURES WITH REGARD INTRODUCTION OF EVIDENCE IN PROBATION REVOCATION PROCEEDINGS); AND DISQUALIFICATION OF JUDGES IN REVOCATION OF PROBATION HEARINGS. GRATUITOUS PUBLIC SERVICE AS A CONDITION OF PROBATION IS DISCUSSED, AS ARE CONSTITUTIONAL LIMITATIONS ON PROBATION CONDITIONS. IT IS CONCLUDED THAT, PATTERNED TO INDIVIDUAL CIRCUMSTANCES AND WARRENTS BY THE NATURE OF THE OFFENSE, PERFORMANCE OF A REASONABLE NUMBER OF HOURS OF VOLUNTARY PUBLIC SERVICE IS A LEGITIMATE CONDITION OF PROBATION. THE NEED FOR COURTS TO FACE THE QUESTION OF LIABILITY FOR INJURIES INCURRED BY OR INGLICTED BY PROBATIONERS DURING THE COURSE OF THEIR VOLUNTEER WORK IS NOTED. A NUMBER OF MISCELLANEOUS PROBATION CASES ARE SUMMARIZED BRIEFLY. (LKM)