113.1 Standing Orders Regarding Supervision of Probationers and Presentence Investigations (Effective 2/10/97)
This order will govern applicable probation cases without the necessity of particular orders in each case.
(1) Violation Reports and Case Summary Reports will be filed in the Office of the Circuit Clerk-original for Court and two copies. The Court will review them and disseminate the copies if warranted.
(2) If the Court orders a Motion to Revoke Probation be filed by the Prosecuting Attorney, a copy of the Violation Report will be transmitted to the Prosecuting Attorney with the Court's instructions. When the motion is filed by the Prosecuting Attorney, the Court will issue a Warrant or Summons to Appear as appropriate.
(3) The Court may issue a Summons to Appear to a probationer without the filing of a Motion to Revoke Probation.
(4) Even though the Probation Officer recommends revocation, the Court still expects the probationer to report and be supervised by a Probation Officer until the conclusion of any court proceedings on the matter, except under the circumstances referenced in the following paragraph.
(5) If a probationer has absconded or is confined under a penitentiary or jail sentence in any jurisdiction, the Probation Officer need not supervise the case until the probationer is found or released from custody-then supervision shall resume. Under these circumstances, the Probation Officer may administratively close the file on the probationer after notifying the Court of the incarceration (with place incarcerated and length of term) or the probationer's absconding.
(6) If a Warrant or Summons to Appear for the probationer has not been issued by the Court, a probationer's term of probation expires automatically at the end of the probation period without further court order. That case may be administratively closed by the Probation Officer.
(7) Restitution and court costs, including any sum of the Crime Victims Compensation Fund, are to be paid prior to the end of a probationer's term, in that order.
If not paid within 90 days of the end of the term, a Violation Report is ordered done by the Probation Officer.
Regular, periodic payments on those sums is expected by the Court.
(8)If probationers have any questions concerning their probation, they may address them in writing to the Court, or they may appear on a law day with their Probation Officer to discuss them, or they may have their attorney contact the Court about them. However, they should not call the Court with their inquiries or requests. Probation Officers may call the Court at any time.
(9) Presentence Investigations are to be filed not less than 5 days prior to sentencing. The Clerk shall deliver or fax a copy to the Court, counsel for the State and Defendant, or this may be done by the Probation Officer.
In drug cases, the Probation Officer shall contact the local law enforcement agency in charge of drug operations, and ascertain the extent of the Defendant's participation, if any, in drug trafficking before and after the event or events giving rise to the case, and report that information in the PSI. The Defendant's cooperation, or lack of it, if requested, in their investigation of drug traffic shall also be reported.
(10) By the standard Order of Probation Officers are given the authority by the Court to order probationers to any program, counseling or treatment they need which should be done when and as soon as the Probation Officer sees the need for that program, counseling or treatment-without need of court approval.
(11) Court clerks are to bill costs directly to probationers, and not through the Probation Officers unless the address of the probationer cannot be ascertained.
Costs and restitution collection is a function of the Probation Officer.
In Henry and Bates Counties, the Clerk shall furnish monthly to the Probation Officer, Prosecuting Attorney and Judge, a copy of the listing of those probationers whose terms are expiring within 30 and 90 days who owe unpaid costs. In St. Clair County, the Clerk shall notify those same persons at the same intervals of unpaid costs and/or restitution.
(12) Any other judge is free to make any requirements for probationers that the judge desires.
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