§ 57-515a — Felony probation supervision.

A. Felony probation supervision, whether conducted by the Department of Corrections, a district attorney or private supervision provider shall incorporate all minimum supervision standards provided for in subsection B of this section. B. Upon receiving an offender on probation supervision, the supervising agency shall: 1. Conduct an intake and orientation for the offender. The offender shall present to the principal office of the supervising agency within three (3) business days of sentencing or within three (3) business days of release from confinement if any term of incarceration is ordered, for the purpose of intake and orientation to probation supervision. The intake shall consist of the personal information of the offender and shall include, but not be limited to, name, address, phone numbers, employment and employment history, family information and criminal history. The supervising agency shall also provide an orientation to the offender. The orientation shall explain rules and conditions, reporting instructions, consequences for violations of the rules and conditions, and expectations of the offender subject to probation supervision; 2. Require the offender to complete within ninety (90) days of intake and orientation, an approved substance abuse assessment and evaluation, if deemed appropriate by the court; provided, however, a substance abuse assessment and evaluation shall not be required if the offender has been previously assessed within one (1) year prior to the date of sentencing, unless ordered by the court. Substance abuse assessments and evaluations ordered by the court shall be administered and scored by assessment personnel certified by the Department of Mental Health and Substance Abuse Services; 3. Monitor the compliance or noncompliance of the offender with all monetary obligations and probation requirements ordered by the court which may include, but not be limited to, the following: a. substance abuse testing, b. employment or education verification, c. criminal history background checks, d. verification of the payment of fines, costs, assessments, restitution, prosecution fees and supervision fees, e. verification of attendance and completion of community service requirements, or f. verification of attendance and completion of counseling or treatment programs; 4. Provide sanctions in the event the offender violates the rules and conditions of probation supervision which may include, but not be limited to, the following: a. increased reporting requirements, b. increased substance abuse testing, c. increased counseling or substance abuse meetings, d. short-term period of incarceration in jail, e. additional community service hours, f. electronic monitoring or installation of an ignition interlock device, or g. revocation or acceleration of the suspended or deferred sentence; and 5. Provide a written sanction report to the court and offender specifying the violation, sanction and plan to correct the noncompliant behavior of the offender. When recommending a short- term period of incarceration in jail, additional community service hours, electronic monitoring or installation of an ignition interlock device, the supervising agency shall obtain court approval prior to implementing the sanction. C. The supervising agency shall have the authority to implement additional supervision requirements including, but not limited to, the following: 1. Individualized treatment plans based upon the results of any substance abuse assessment and evaluation. The individualized treatment plan may include additional reporting requirements and additional counseling and substance abuse meeting requirements. The treatment plan shall be developed to assist the offender with successful progress toward completion of probation supervision; 2. Random substance abuse testing to ensure the compliance and sobriety of the offender; and 3. Progress reports as requested by the court.

Legislative History

Added by Laws 2014, c. 414, § 2, eff. Nov. 1, 2014.