Probation Violations

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Questions and Answers

What must be completed whenever a probationer or parolee is checked in NCIC or NCIS?

  • A safety assessment
  • A Field Contact/Observation Card (correct)
  • A warrant check report
  • A probation officer's evaluation

What should officers do if they locate a probationer with a warrant for revocation but they are not citing for other offenses?

  • Inform the probation officer but take no other action
  • Immediately release them with a warning
  • Transport them to DCDC to book them for the warrant (correct)
  • Contact the media for public awareness

Where can officers find the contact information for a probation officer?

  • In NCJIS (correct)
  • In the Field Contact/Observation Card
  • In the NCIC database only
  • Through a public records request

In the event of an arrest on a warrant, what is the last step officers must take concerning the probation officer?

<p>Notify the probation officer of the arrest (A)</p> Signup and view all the answers

What document should officers refer to for procedures concerning juvenile probationers?

<p>The OPD 'Juvenile – Authorization to Detain' policy (B)</p> Signup and view all the answers

What authority do Nebraska State probation officers have regarding probation violations?

<p>They can arrest a probationer who is about to violate a condition. (D)</p> Signup and view all the answers

Under Nebraska state law, how are probation violations categorized?

<p>As non-criminal offenses (B)</p> Signup and view all the answers

What is the primary role of the Omaha Police Department (OPD) in relation to state probation officers?

<p>To assist and collaborate with probation officers. (C)</p> Signup and view all the answers

What should OPD officers do if they arrive at a residence and find no response from the probationer?

<p>They must advise the 911 dispatcher with additional information. (B)</p> Signup and view all the answers

When can state probation officers request OPD officers to transport a probationer to DCDC?

<p>When the probation officer cannot come to the scene. (B)</p> Signup and view all the answers

What category of calls does the 911 Communications Center prioritize for checking on probationers?

<p>Priority 2 calls (D)</p> Signup and view all the answers

What must OPD officers do after verifying the presence of a probationer?

<p>Advise the 911 dispatcher about the probationer's presence and operability of the phone. (D)</p> Signup and view all the answers

What type of assistance can OPD officers provide to state probation officers?

<p>Assist in collecting evidence when requested. (A)</p> Signup and view all the answers

What must OPD officers do after coming into contact with individuals on probation?

<p>Complete a Field Contact/Observation Card (C)</p> Signup and view all the answers

What is mandatory every time a probationer or parolee is checked through NCIC or NCIS?

<p>Complete a Field Contact/Observation Card (A)</p> Signup and view all the answers

What must OPD officers verify before arresting a felony probationer?

<p>The subject's record through NCIC, NCIS, or NCJIS (C)</p> Signup and view all the answers

What happens if a probation officer informs OPD officers they will not meet to arrest a probationer for violation of probation?

<p>OPD officers proceed with the arrest for new offenses (B)</p> Signup and view all the answers

What action must an OPD officer take when contacting a probation officer about a new offense?

<p>Complete a Field Contact/Observation Card (D)</p> Signup and view all the answers

When a misdemeanor offense occurs, what is the first action an OPD officer should take?

<p>Verify the subject's record through NCIC, NCIS, or NCJIS (C)</p> Signup and view all the answers

What is required from both the probation officer and the OPD officer when a probationer is booked?

<p>They should sign the Booking/Arrest Report (A)</p> Signup and view all the answers

What document must OPD officers complete after the arrest of a probationer for felony offenses?

<p>Both a Booking/Arrest Report and a Field Contact/Observation Card (B)</p> Signup and view all the answers

Flashcards

Probation Violation in Nebraska

A probation violation in Nebraska is not a criminal offense, but rather a breach of probation conditions.

OPD's Role in Probation Monitoring

Omaha Police officers can assist probation officers in finding probationers who are being electronically monitored.

Priority of Probation Monitoring Requests

When a probation officer requests OPD assistance in finding an electronically monitored probationer, the request is considered a priority 2 call.

OPD's Action During a Monitoring Check

If a probationer is found at their residence during a monitoring check, OPD officers inform the 911 dispatcher and confirm the telephone's operability.

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What should OPD officers do when they encounter a probationer with a warrant for revocation of probation but no new offenses?

When an Omaha Police Department (OPD) officer locates a probationer with a warrant for revocation of probation, but no other new offenses, they must verify the warrant through NCIC, NCIS, or NCJIS.

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What document must OPD officers complete when checking probationers or parolees in NCIC or NCIS?

Whenever an OPD officer checks a probationer or parolee in NCIC or NCIS, they are required to complete a Field Contact/Observation Card.

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OPD's Action if Probationer is Absent

If a probationer is not found at their residence during a monitoring check, OPD officers inform the 911 dispatcher with any relevant details.

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Where should OPD officers take a probationer with a verified warrant for revocation of probation?

If a warrant for revocation of probation is verified, OPD officers must transport the subject to the Douglas County Corrections Center (DCDC) for booking.

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OPD Assistance with Arresting Probationers

When a probation officer needs to arrest a probationer for violating probation, they can request OPD assistance to transport the subject to the Douglas County Correctional Center (DCDC).

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Evidence Collection Assistance

OPD officers can help state probation officers gather evidence related to probation violations, if requested.

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Who should OPD officers contact after a probationer is booked for a warrant for revocation of probation?

OPD officers should contact the probation officer of the arrested subject to inform them about the arrest on the warrant.

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Who Handles Probation Violations?

Probation violations are not handled by Omaha Police Officers. They are handled by the state probation officers.

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Where should OPD officers refer to for procedures regarding juvenile probationers?

OPD officers should refer to the 'Juvenile - Authorization to Detain' policy for procedures related to juveniles.

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OPD Evidence Procedure

Evidence collected by OPD officers is documented and stored in the OPD Evidence and Property Unit, adhering to specific OPD procedures.

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Field Contact/Observation Card

Officers must fill out a Field Contact/Observation Card whenever encountering individuals on probation, regardless if they're checked in national databases.

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Felony Probationer Arrest Verification

When an OPD officer arrests a felony probationer for a felony or combination of felony and misdemeanor offenses, they must verify the subject's record through various national crime databases like NCIC, NCIS, and NCJIS.

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Contacting Probation Officer

After verifying a felony probationer's record, the OPD officer must contact the probation officer to inform them about the new offense. The probation officer decides if they want to pursue a probation violation arrest. They may meet the OPD officer at the detention center.

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Probation Officer Arresting

If the probation officer decides to arrest the felony probationer for violating probation, they'll need to arrive at the detention center to make the arrest within a reasonable timeframe. Both the probation officer and the OPD officer sign the booking report.

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Probation Officer Not Arresting

If the probation officer decides not to arrest the felony probationer for violating probation, the OPD officer will proceed with the arrest for the new offense as per standard OPD procedures.

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Misdemeanor Probationer Arrest Verification

When an OPD officer arrests or issues a citation to a probationer for a misdemeanor offense they must verify the subject's record through various national crime databases like NCIC, NCIS, and NCJIS.

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Mandatory Field Contact/Observation Card

OPD officers must complete a 'Field Contact/Observation Card' each time a probationer or parolee is checked in the NCIC or NCIS systems, a mandatory requirement for all probationary or parolee checks.

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Study Notes

Probation Violations

  • Nebraska Revised Statutes (NRS) §29-2266.01 and §29-2266.02 grant authority to arrest probationers for violating probation conditions, or if there is reasonable cause to believe they will violate a condition, attempt to leave the jurisdiction, or endanger lives/property.
  • Probation violations are not criminal offenses under Nebraska law.
  • Omaha Police Department (OPD) policy is to assist Nebraska state probation officers with probationer monitoring.
  • Procedures are established for handling probation violations, cooperating with probation officers.

Procedure for Assisting State Probation Officers

  • OPD assists in locating electronically monitored probationers, often with a probation officer present.

  • OPD may be asked to check a probationer's presence if a probation officer is not present

  • State probation officers, absent from the scene, contact 911 to request OPD verification of probationer's presence.

  • Priority 2 calls should be used for these requests

  • 911 dispatchers should be informed whether the probationer is present and if the phone is operable.

  • If the probationer is not present, OPD advises 911 of relevant information to assist probation officer.

  • OPD officers can transport probationers to designated facilities, rather than taking the probation officer to the location

  • OPD officers comply with requests to collect evidence for probation violations, per OPD procedures.

  • OPD officers complete a Field Contact/Observation Card (FO Card) whenever interacting with a probationer or parolee.

Adult Probationer Arrest and Citation Procedures

  • If a felony probationer is arrested by OPD, officers should verify the probationers record through NCIC, NCIS, or NCJIS.

  • Contact the probation officer to notify them of the offense, and if they'll meet at DCDC for arrest.

  • If officer and OPD will be meeting at DCDC, both sign arrest reports on probationer's booking document.

  • If officer and OPD will not be meeting at DCDC, OPD proceeds with arrest as normal procedures

  • OPD Officers verify records for misdemeanor offenses through NCIC, NCIS, or NCJIS

  • Attempt to contact probation officer and advise of the new offense, if contact is possible

  • Officers verify warrants through NCIC, NCIS, or NCJIS if probationer is wanted for probation violation (warrant)

  • If warrant is verified, OPD Officers transport probationer to DCDC

Juvenile Probationers

  • OPD Officers should refer to the OPD "Juvenile - Authorization to Detain" policy if dealing with juvenile probationers.

References

  • Relevant Nebraska Revised Statutes (NRS): §29-2266, §29-2266.01, and §29-2266.02.
  • Previous OPD General Orders: #122-74, 50-94, 39-95, 19-15, 85-16, 114-17, 56-20, and 3-24.
  • PPM Monthly Updates: #11-2017 and 4-2023.

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