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Q: Probation officer abuse of authority ( No Answer,   3 Comments )
Question  
Subject: Probation officer abuse of authority
Category: Miscellaneous
Asked by: chinko22866-ga
List Price: $25.00
Posted: 21 May 2005 08:49 PDT
Expires: 20 Jun 2005 08:49 PDT
Question ID: 524067
I'm on 5 yr. probation for burglary of a dwelling. I have a prior sex
offence(the burg. & sx off. was a single episode did 8 yrs prison for
sx off.)so I have a P.O who stated that as far as he is concerned I'm
on probation for sx. off. the paperwork is concise and clear probation
is for burglary only (it was a concecutive sentence 8yr prison
followed by 5 yrs probation for the burglary charge). Anyways I want
to file a grievance, in prison forms were provided for this, where
would I go to file a grievance and/or how do i get a form for such.

Request for Question Clarification by djbaker-ga on 21 May 2005 09:35 PDT
Chinko,
In order to answer this a reasercher is goign to need to know what
state you were convicted in.

Thanks,
djbaker-ga

Clarification of Question by chinko22866-ga on 21 May 2005 12:41 PDT
The conviction was in Palm Bch. Co. FL. by trial in July 1996 the
sentence was a mid-guideline after the Heggs V State of FL. correction
of sentence.

Request for Question Clarification by pafalafa-ga on 25 May 2005 18:34 PDT
There doesn't appear to be a standard form in Palm Beach County, but
there is a well-defined grievance procedure, as outlined here:


http://www.dc.state.fl.us/facilities/comcorinfo/general.html#Grievance


According to this site, you should have received a copy of the
"Offender Grievance Procedure" at your initial interview with your PO.

The full excerpt is as follows:

-----

 

General Information About
Adult Community Supervision
Role of Probation Officer 
Victim Restitution 
Citizen Complaints 
Offender Complaints (Grievance Process) 
24 Hour Access to Probation & Parole Officer 
Drug Testing Procedure 
Prohibition of the Possession or use of Firearms, Weapons, or Explosives 
Criminal Registration 

--------------------------------------------------------------------------------

Role of Probation Officer 
The priorities of an officer include: Protecting the public,
monitoring and enforcing conditions of supervision imposed by the
Court or releasing authority, addressing non-compliance of conditions
of supervision with the Court or releasing authority, and making
appropriate referrals to local community resources in order to assist
the offender with identified needs.

Victim Restitution 
The Department utilizes the Court Ordered Payment System (COPS) to
track monetary obligations imposed by the Court or releasing
authority, and to receipt payments made by offenders.
Payments are submitted by the offender and are processed through COPS
staff in a central location and mailed to the individual victims.

It is imperative that the victim informs the probation officer if
their mailing address changes to ensure payments are received.


"No Contact with Victim" (provision in the order of supervision) 
If ordered by the Court or Florida Parole Commission, this condition
prohibits the offender from having any contact with the victim (even
through a third party). This includes verbal, physical, direct and
indirect contact including phone calls, letters, frequenting places
known to be frequented by the victim, driving by their residence or
employment site, etc.
The Probation Officer notifies the victim via letter of this
condition, and requests the victim to inform the officer of any
contact initiated by the offender, in order to protect the victim and
to enforce this condition of supervision.


Citizen Complaints 
Refers to any formal or informal expression of dissatisfaction
concerning any Department staff member, procedure, or requirement. If
a citizen has a complaint about a particular offender, it should be
brought to the officer's attention to resolve. If the citizen is not
satisfied with the response, the complaint will be forwarded to the
officer's supervisor. If the citizen is still not satisfied, the
complaint will be forwarded to the Circuit Administrator, then the
Regional Director. Each level supervisor should be given the
opportunity to resolve the issue before it is forwarded to another
party.

Offender Complaints (Grievance Process) 
Refers to a formal written complaint by an offender concerning an
incident, procedure, or condition within a probation office or
Probation Restitution Center that affects her/him personally. If an
offender has a complaint, it should be brought to her/his officer's
attention first to attempt to resolve. If the offender is not
satisfied with the outcome or response, the complaint will be
forwarded to the officer's supervisor. If the offender is still not
satisfied, the grievance will be forwarded to the Circuit
Administrator, then the Regional Director. Each level supervisor
should be given the opportunity to resolve the issue before it is
forwarded to another party.
Offenders are provided with a copy of the "Offender Grievance
Procedure" at her/his initial interview with the officer.
-----


Let me know if this answers your question, or if you need any
additional information.


pafalafa-ga
Answer  
There is no answer at this time.

Comments  
Subject: Re: Probation officer abuse of authority
From: myoarin-ga on 25 May 2005 07:37 PDT
 
Chinko,
Have you found this site?

http://www.fcc.state.fl.us/fcc/Index/indpage.html

Unfortunately, I could not find on it or elsewhere anything on
grievances about POs, for juveniles, yes, but not in your situation. 
You could try to find a volunteer organization that works with inmates
or parolees, or a "pro bono" lawyer who might be able to advise you.

I don't understand what difference it makes as to which offense your
PO considers you to be on probation for (and don't need to know.). 
Perhaps it relates to the fact that you did 8 yrs for a "violent
offense", whereas the other could be considered either violent or
non-violent, from the statistics, about 1 in 4 being considered
violent, but that would probably include yours.

You will have considered what can be gained by posting a grievance,
but I cannot see how it will improve your relationship with your PO  -
or another one, even if a grievance was successful and someone else
was assigned to you.

I am sure that you want to keep clean for the rest of your probation. 
Complaining about the PO's attitude will only suggest to him (and
maybe his superiors) that you are still questioning the the legal
system.  Right or wrong, that impression will not help you.

Good luck!
Subject: Re: Probation officer abuse of authority
From: chinko22866-ga on 25 May 2005 13:25 PDT
 
My Question is still unanswered. I wanted to know if there is a form
to fill out in order to grieve a po or  how should i begin to file my
complaint.
Subject: Re: Probation officer abuse of authority
From: chinko22866-ga on 25 May 2005 19:41 PDT
 
This is what I wanted to an extent but should my complaint be made in
writting as a letter form or is there some sort of requirment in legal
forms that I must meet to officiate my complaint so it doesn't get put
in a trash bin.

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