Administrative Order 06-5: Discretionary Jail Time for Felony Probationers
Whereas,
the district judges in 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 defendants 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 probation;
Now, Therefore, It Is Hereby Ordered
that the Department of Correction probation officers are authorized to utilize
up to seven days of discretionary jail time for probationers under their
supervision in the Third Judicial District without having prior approval of the
district judge who placed the defendant on probation.
It is Further Ordered once
discretionary jail time 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 respective judge’s chambers by the following business day.
The required verification may be made by facsimile transmission to the
respective judge’s listed fax number.
Be it so Ordered, this 9th day of November, 2006.
Signed by Gregory
M. Culet, Administrative District Judge
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