Administrative Order 12-15: Use of Discretionary Jail Time by Probation Officers of
Third District Felony Probation and Misdemeanor and Juvenile Probation Officers
in Canyon County
Whereas
the judges of 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 defendant 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 probationer;
Now,
Therefore, it is Hereby Ordered that the probation officers of the Department
of Corrections, as well as all county misdemeanor and juvenile probation
officers are authorized to utilize up to seven (7) days of discretionary jail time for probationers under their supervision
without having prior approval of the presiding judge who placed the defendant
on probation.
It
is Further Ordered that the probation officers are authorized to substitute
eight (8) hours of community service for a day of discretionary jail time up to
fifty-two (52) hours without having prior approval of the presiding judge
It
is Finally Ordered that once discretionary jail time or community service 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
presiding judge’s chambers by the following business day. The required
verification may be made by facsimile transmission.
Dated this 15th day of November, 2012.
Signed
by Thomas J. Ryan, Administrative District Judge
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