Probation Violations

 

There are two types of probations:

On Court Probation, a person is sentenced to probation to the Court on one or more conditions.   The offender is not supervised by a probation officer. Therefore, it is necessary for the person to comply with the conditions in a timely way without encouragement or help from the Department of Parole and Probation.  It is the sentenced offender's obligation to keep the court informed of his/her mailing address at all times and to otherwise advise the court about any circumstances which may affect the person's compliance with the terms and conditions of probation.

On Supervised Probation, a person is sentenced to probation with supervision by the Department of Parole and Probation.  Personal appearance at the Probation Department, 165 East 7 th Avenue, Eugene, Oregon, will be necessary on the day of sentencing or as directed by the Court.  Supervised probationers are required to make all future appearances and file all reports with their probation officer as further directed by the court and the Probation Department. There may be a number of conditions of probation specific to the particular sentenced offender and there will also be an obligation to comply with all of the ``general conditions" of probation.  Normally, a probation officer discusses and explains all of the conditions of probation (special and/or general conditions) at the first face-to-face meeting between the sentenced offender and the probation officer.

 

Probation Violation Proceedings  

A failure to abide by probation conditions imposed as a part of a probationary sentence is likely to result in an Order to Show Cause. An Order to Show Cause asks the defendant to explain why the probation previously allowed should not be terminated and the person re-sentenced, possibly to jail or prison. Upon filing of an Order to Show Cause, the court will either order the probationer to personally appear or issue a bench warrant for the person's arrest to ensure appearance.

Upon notice that an Order to Show Cause has been filed, a probationer may contact the court by calling (541) 682-4020 to ask for a voluntary appearance.  If allowed, this is set for a specific date at 8:30 a.m. in Courtroom 201 at the Lane County Courthouse. At that time, the probationer is advised of  their rights and the issue of attorney representation is addressed. Unless the probationer chooses to admit to the Show Cause allegations at the first appearance, the matter will be set for hearing. Ordinarily, these probation violation hearings are scheduled for 8:30 a.m. on the 3 rd Monday following entry of a denial when the offender is out of custody and for the 2 nd Monday following entry of a denial if the offender is in custody.    

 

Sentencing on Probation Violations

If a probationer is found in violation of one or more conditions of the probationary sentence, the court may do one of the following:

discharge the offender from further probation,
 - OR -
continue the probation on the same or different conditions (which may include jail time),
 - OR -
the court may revoke the probation and sentence the offender for up to the maximum penalties       provided by law for the involved charges.