Understanding Probation

Level 1 SUPERVISION

  • This is the least restrictive supervision level
  • You must report if directed by your Probation Officer
  • You may have additional conditions imposed by the Court
  • Communicate with your assigned Probation Officer about compliance with any Court ordered program or treatment

Level 2 SUPERVISION
  • Regularly scheduled office visits – usually once a month, may be more or less often. Make sure to discuss scheduling conflicts with your supervising Officer
  • You may have additional conditions imposed by the Court
  • Communicate with your assigned Probation Officer about compliance with any Court ordered program or treatment

Level 3 SUPERVISION
  • Frequent contact with your Probation Officer- usually one office visit per week, may be more or less often
  • Curfew Restrictions in place>
  • You may have additional conditions imposed by the Court

Level 4 HOME CONFINEMENT
  • Most restrictive community supervision level
  • Offenders are restricted to an approved residence
  • Includes continuous electronic monitoring
  • You may have additional conditions imposed by the Court

Electronic Monitoring
  • GPS Monitoring
    • Court Ordered: Per Judges Order
    • Statute: Tier 3 Sex Offenders
  • TAD Monitoring (Transdermal Alcohol Detector)
    • Court Ordered: Per Judges Order
    • Statute: Felony DUI and DUI Court

Pretrial SUPERVISION
  • Imposed by the Court as a condition of bail
  • Conditions are different than standard probation
  • May include electronic monitoring

Interstate
  • Supervision of probationers sentenced in other states residing in Delaware
  • Applications for those sentenced in Delaware who wish to serve probation in another state
    • Requires a $50 Interstate Compact Fee
    • Acceptance by receiving state is not guaranteed

Home Confinement

Hold @ Level 3 for level 4 Home Confinement.

  1. Being held at level 3 means you are waiting on the street for your anklet, you are not on level 3 probation. You are held to level 4 standards.
  2. Phone service must be provided through Verizon. The phone service must use a Copper Phone Line. Our equipment does NOT work with FIOS/DSL/Cable, satellite.
  3. There can be NO features on the telephone. Features which are not allowed are Caller ID, Call forwarding, 3 way call, Voice Mail, cell rejection, call waiting, call block, repeat call, etc. The phone service must be able to call 1-800 and 1-900 calls and receive collect calls. It must also have unlimited long distance. The phone line must be a dedicated phone line. No split lines are permitted. The jack must be wired properly, cannot be run through windows, doorways or across the floor. The jack must be attached to the wall.
  4. A copy of the lease/mortgage, most recent phone bill and most recent electric bill must be provided along with the host agreement form.
  5. Past due electric and/or phone bills are not permitted. If the service is shut off due to non-payment then the offender will be arrested for VOP.
  6. Cannot live with someone who was a victim of current offense or past offense in last 2 years, or with co-defendant(s). Cannot live in Section 8 or Subsidized housing unless offenders name is on the lease (their rules not ours).
  7. You have two (2) weeks from intake to have phone line ready for installation.

Hold @ level 5 for level 4 Home Confinement.

  1. The offender is being held at a secure facility pending placement at level 4.
  2. If the sentence order is hold for level 4 HC, Level 4 DOC discretion or Level 4 work release/home confinement the case will default to level 4 home confinement.
  3. The offender will fill out a host referral form through his/her counselor. The counselor will fax this form to the Dover Home Confinement office where a preliminary back ground check will be completed. Cannot live with someone who was a victim of current offense or past offense in last 2 years, or with co-defendant(s). Cannot live in Section 8 or Subsidized housing unless offenders name is on the lease (their rules not ours).
  4. Host will be contacted and asked to provide the following: A copy of the lease/mortgage, most recent phone bill and most recent electric bill.The host will also be asked to sign the host agreement form. If the host fails to respond, then the offender will be sent to work release.
  5. The host will be instructed to get the phone line set up as follows: Phone service must be provided through Verizon. The phone service must use a Copper Phone Line. Our equipment does NOT work with FIOS/DSL/Cable, satellite
  6. There can be NO features on the telephone. Features which are not allowed are Caller ID, Call forwarding, 3 way call, Voice Mail, cell rejection, call waiting, call block, repeat call, etc.
  7. The phone service must be able to call 1-800 and 1-900 calls and receive collect calls. It must also have unlimited long distance. The phone line must be a dedicated phone line. No split lines are permitted. The jack must be wired properly, cannot be run through windows, doorways or across the floor. The jack must be attached to the wall.
  8. Once the phone line is ready, the host will be contact and an installation date will be scheduled. If the phone line and/or features are not correct then the host will be given instructions as to what needs to be fixed.
  9. Once the equipment is installed, then the institution and central records will be notified and transportation to cherry lane will be arranged. Intakes are done on either Tuesdays or Thursdays. Someone needs to pick the offender up from the district office. If offender does not have street clothes arrangements will be needed to provide for them.
  10. If the offender is unable to provide a host or the host is denied and the sentence is DOC discretion or home confinement/work release then the offender will be placed on the waiting list for work release. If the sentence is straight home confinement, and no host is provided or host is denied a modification will be sent to the sentencing judge requesting a modification of the level 4 portion of sentence to work release. Once the signed order is received back the offender is put on the waiting list for work release.

No under the table employment is permitted.
Any out of state employment must be permitted by the Director.
You can only leave the state for Employment, Medical or Legal reasons.

Services at Probation & Parole Offices

DID YOU KNOW?
You can do more at Probation than just see your Probation Officer
There are many on-site services available at Probation & Parole Offices statewide:

In Reach Coordinators:

  • Provide Discharge Planning for inmates being released from prison
  • Offer supportive subsidies (Rental assistance, bus passes, ID’s and Birth Certificates for qualifying individuals)
  • Operate and maintain Clothing Closets
  • Assist in linking probationers to resources in the community
  • Present workshops in the Level V facilities
  • Engage community stakeholders in the Reentry process

DCJ offers onsite services to include the following:

  • Food Pantry available for clients
  • Assistance provided for assistance applying for social benefits such as Medicaid, SNAP, WIC & TANF
  • Hygiene Closet available for clients (toiletries etc.)
  • Employment services provided to include resume creation & employment training
  • Social supports services referrals given to include counseling services, life skill training & family support systems
  • Housing assistance is provided to include referrals to housing funding programs
  • Short term Cognitive Behavioral Treatment

Gateway Foundation provides the following services onsite:

  • Substance Abuse assessments with mental health screening
  • Referrals to substance abuse and co-occurring treatment services
  • TCU Brief Intervention Groups

Specialty courts offer further supports and services to those in need:

  • Reentry Court (New Castle County Only)
  • Mental Health Court
  • DUI Court

Contact your local Probation Office for more Information

Myths vs. Facts

MYTH: Probation doesn’t start until the first time I meet my Probation Officer.
FACT: Probation starts immediately upon release from a facility, or upon sentencing by the Court. You must comply with the conditions of your probation even before meeting your Officer for the first time. This includes curfew.

MYTH: Being homeless will violate my probation.
FACT: Homelessness does not violate your probation. It may require additional check-ins with your Officer (sometimes daily). Use the resources available in the Probation Office to assist you in finding housing.

MYTH: I am not allowed to have police contact.
FACT: Everyone is allowed to have police contact however, you must report the contact to your Officer. This is true if you were reporting a crime, questioned about a crime, arrested for a crime, or any other contact with the police.

MYTH: Probation automatically violates me for one technical violation.
FACT: Every situation is different; however, violations for one infraction are not common occurrences. Probation Officers use a variety of graduated sanctions prior to a violation being submitted. Probation Officers and the courts are working towards eliminating Zero Tolerance conditions of probation.

MYTH: I am not allowed to work second or third shift if I have a curfew.
FACT: Your Probation Officer must be able to verify your legitimate employment and work schedule. Communicate with your Officer and provide the requested documentation and you may be permitted to work outside of standard curfew hours. Your Officer may take your compliance with other areas of probation into account when approving or denying this request.

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