Probation Violations PDF

PROBATION VIOLATIONS PREAMBLE: Nebraska Revised Statutes (NRS) §29-2266.01 and §29-2266.02 give Nebraska State probation officers the authority to arrest a probationer when the probationer has violated or is about to violate a condition of their probation, and when reasonable cause exists to belie...

PROBATION VIOLATIONS PREAMBLE: Nebraska Revised Statutes (NRS) §29-2266.01 and §29-2266.02 give Nebraska State probation officers the authority to arrest a probationer when the probationer has violated or is about to violate a condition of their probation, and when reasonable cause exists to believe the probationer will attempt to leave the jurisdiction or will place lives or property in danger. Probation violations are not criminal offenses under Nebraska state law and therefore must be handled by probation officers, not Omaha Police Officers. POLICY: It is the policy of the Omaha Police Department (OPD) to assist State of Nebraska probation officers with probationer monitoring and to establish procedures for handling probation violations in cooperation with probation officers. PROCEDURE: I. Assisting State Probation Officers A. State probation officers may ask the OPD to assist in locating probationers who are being electronically monitored. In most instances, a probation officer will be present and will assist OPD officers in checking the status of the probationer. There may be occasions, however, when OPD officers will be asked to check the probationer when a probation officer is not present. 1. State probation officers who are not present will contact the 911 Communications Center and request OPD officers be sent to a specific address to verify the physical presence of a probationer. 2. 911 shall dispatch these requests as Priority 2 calls. If the probationer is present officers will contact the 911 dispatcher and advise them that the probationer is present and whether or not the telephone is operable. 3. If there is no response at the residence, or the probationer is not present, officers shall advise the 911 dispatcher along with any other relevant information that would be helpful to the probation officer. The officer may then return to service. B. When state probation officers need to arrest a probationer for violation of probation, they may request OPD officers transport the subject to DCDC and meet them there, rather than the probation officer coming to the scene. 1. OPD officers shall comply with such requests. C. Officers shall assist state probation officers with the collection of evidence, when requested. Evidence will be booked into the OPD Evidence and Property Unit, per OPD policies and procedures. D. Officers shall complete a Field Contact/Observation Card the OPD “Information Gathering and the Field Observation (FO) Card” policy after coming into contact with any individuals who are on probation. NOTE: It is mandatory to complete a Field Contact/Observation Card every time a probationer or parolee is checked in NCIC or NCIS. II. Adult Probationer Arrest and Citation Procedures 1  A. When a felony probationer of the Nebraska State Probation Office will be arrested/booked by OPD officers for a FELONY offense(s) or a combination of FELONY AND MISDEMEANOR offenses, OPD officers shall: 1. Verify the subject’s record through NCIC, NCIS, or NCJIS. NOTE: It is mandatory to complete a Field Contact/Observation Card every time a probationer or parolee is checked in NCIC or NCIS. 2. Contact the subject’s probation officer to advise them of the new offense(s). The probation officer will advise the OPD officer whether or not they will meet them at DCDC to arrest the probationer for violation of probation. NOTE: Probation officer contact information is available in NCJIS. (a) If the probation officer advises OPD officers they WILL arrest the subject for violation of probation, they must meet the OPD officers at DCDC within a reasonable amount of time. NOTE: When the probationer is booked, both the probation officer and the OPD officer shall sign the Booking/Arrest Report. (b) If the probation officer advises OPD officers they WILL NOT meet OPD officers at DCDC to arrest the subject for violation of probation, the officer shall proceed with the arrest for the new offense(s) as per normal OPD policy and procedures. B. When a probationer of the Nebraska State Probation Office will be cited or arrested/booked by OPD officers for a MISDEMEANOR offense(s), OPD officers shall: 1. Verify the subject’s record through NCIC, NCIS, or NCJIS. NOTE: It is mandatory to complete a Field Contact/Observation Card every time a probationer or parolee is checked in NCIC or NCIS. 2. Attempt to contact the subject’s probation officer to advise them of the new offense(s). NOTE: Probation officer contact information is available in NCJIS. C. When a probationer of the Nebraska State Probation Office is located by OPD officers who has a warrant for revocation of probation but will not be cited or arrested for any other new offenses, officers shall: 1. Verify the warrant through NCIC, NCIS, or NCJIS. NOTE: It is mandatory to complete a Field Contact/Observation Card every time a probationer or parolee is checked in NCIC or NCIS. 2. If the warrant is verified, officers shall transport the subject to DCDC to book them for the warrant. 3. After the booking process, OPD officer shall locate the subject’s probation officer’s contact information in NCJIS and contact them to advise them of the arrest on the warrant. III. Juvenile Probationers  A. Officers shall refer to the OPD “Juvenile – Authorization to Detain” policy for procedures related to juveniles. REFERENCES: I. Laws A. Relevant Nebraska Revised Statutes (NRS): §29-2266, §29-2266.01, and §29-2266.02. II. Previous OPD Orders A. Previous General Orders: #122-74, 50-94, 39-95, 19-15, 85-16, 114-17, 56-20, and 3-24. III. PPM Updates A. PPM Monthly Updates: #11-2017 and 4-2023.