Policy Text
Policy
907Fremont Police Department
Prisoners Held for Violation of Parole or
Probation
907.1 PURPOSE AND SCOPE
It is the policy of the Fremont Police Department to process parole and probation violators
according to law. The purpose of this policy is to outline the guidelines for processing of parole
and probation violators.
907.1.1 DEFINITIONS
Formal Probation : when an offender is convicted of a felony, and is required by the court to obey
all laws and comply with various terms and conditions, under the supervision of the probation
department. The offender may or may not be assigned a probation officer.
Court Probation : when an offender is convicted of a misdemeanor and is required by the court
to obey all laws and comply with various terms and conditions, not under the direct supervision of
the probation department; also called a "conditional sentence."
State Parole : when a subject is convicted of a felony, and released from prison prior to serving
their full sentence, but is technically still "in the legal custody of," and under the control and
authority of the Department of Corrections and Rehabilitation.
907.2 PROCEDURE
(a)Prisoners Arrested for Violation of Formal Probation
1.In accordance with Section 1203.2 of the Penal Code, a Peace Officer can arrest
a subject for violation of formal probation when he/she has probable cause to
believe the probationer has violated a term or condition of probation
(a)When a person is arrested, for a probation violation per 1203.2, the
arresting officer should notify the appropriate parole or probation agency
to see if they wish the person held for the violation.
(b)It is the responsibility of the probation officer to provide the appropriate
paperwork or other notification to the jail authorizing the PC §1203.2 no-
bail hold. The officer cannot authorize the PC § 1203.2 no-bail hold.
(c)Normally, officers will not arrest a subject for a violation of probation only,
without the request or prior approval of the appropriate probation agency.
(d)If an arrest is made, pursuant to 1203.2 P.C., the arresting officer will be
responsible for providing necessary booking information (CEN number) to
the Jail staff.
2.When an arrest is made for a violation of formal probation, a police report
is required to document the facts that support the violation. It will be the
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responsibility of the arresting officer to prepare and submit a police report by the
next court day.
(b)Prisoners Arrested for Violation of Court Probation
(a)In accordance with 1203.2 of the Penal Code, a Police Officer can, when he
deems it necessary, arrest a subject for violation of court probation.
(a)Arrests for solely a violation of court probation should only be done in rare
circumstances (i.e., to assist in an on-going investigation where custody
of the person is necessary).
(b)When an officer deems it necessary to arrest a person for a violation of
court probation, the arresting officer will have the responsibility of initiating
contact with a Deputy District Attorney representing the Prosecutors' office
for the county of the court that has imposed the probation.
(c)The Deputy District Attorney will decide if there are sufficient facts to
petition the court for a probation violation.
(b)When an arrest is made for a violation of court probation, a police report
is required to document the facts that support the violation. It will be the
responsibility of the arresting officer to prepare and submit a police report by the
next court day that factually support verification of the court probation violation.
(c)Prisoners Arrested for Violation of State Parole or Probation
1.State Parole Violations:
(a)Parolees are technically still "imprisoned," and subject to being taken back
within the enclosure of prison at any time at the discretion of any State
Parole Officer, per Penal Code 3056.
1.In such a case, the Parole Officer may book the parolee at the
Fremont Jail and request that Jail Personnel place a PC 3056 hold
on him/her.
2.The Parole Officer will be responsible for either completing the
proper paperwork at the jail, or providing the Jail Personnel with the
proper paperwork via teletype, fax, email, or other means, as soon
as possible.
(b)State Parole Officers may authorize any Peace Officer to take custody of
any parolee at any time per PC 3056.
1.The Officer may book the parolee at the Fremont Jail, and request
that the Jail Personnel place the PC 3056 hold per the Parole
Officer's authorization.
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2.The Parole Officer is responsible for either completing the proper
paperwork at the jail, or providing the Jail Personnel with the proper
paperwork via teletype, fax, email, or other means, as soon as
possible.
(c)A Peace Officer who arrests a parolee for any on-view violation may
contact the State Parole Officer and request a