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Probation Department Resource Page
ON THIS PAGE YOU WILL FIND USEFUL INFORMATION PERTAINING TO THE PROBATION DEPARTMENT
USE THE SCROLL BAR ON THE LEFT SIDE OF PAGE OR SIMPLY SCROLL DOWN TO FIND THE INFORMATION
WHAT IS PROBATION?
Probation is a program that allows people that have pled guilty or have been found guilty of a criminal offense to spend a period of time under the supervision of a probation officer instead of being sentenced to a term of incarceration. This supervision is designed to aid the defendant in addressing issues that has led him/her to be in the criminal justice system. The goal of the probation is to correct these issues thereby preventing the defendant from having future contact with a criminal justice agency.
Once you have pled guilty, or you have been found guilty of a criminal offense by a judge or jury, you will be referred to the probation department for a Pre- Sentence Interview. A Pre-Sentence Interview is a one - on - one interview with a probation officer who will gather information relating to the offense and background information on the defendant. This information will be used to prepare a Pre-Sentence Report with sentencing recommendations. The probation officer will then go over the probation order with the defendant and instruct the defendant on how to sign up for any program that he/she was ordered to attend. The probation officer will then monitor the defendant for compliance with all the terms and conditions of probation. If the defendant fails to complete any part of the probation order, a Show Cause hearing will be set for violation of probation. At the Show Cause hearing the Judge will hear how and/or why the defendant is in violation of probation and give the defendant an opportunity for explanation. The Judge will then make a ruling on the violation. Possible sanctions for violating probation include extra days on the Court's work program up to and including incarceration.
IMPORTANT DEFINITIONS
PRE-SENTENCE INTERVIEW
A one - on - one interview with a probation officer to gather important information about a defendant including what happened leading up to the criminal offense, the defendant's criminal record, address, employment, education, and substance abuse.
SENTENCING
The date and time when the Judge sentences the defendant to specific terms and conditions. The Judge will base the sentencing on the Pre-Sentence report from the probation officer.
TERM OF PROBATION
Defendant's are sentenced to either a one or two year term of probation at the 28th District Court.
VIOLATION HEARING
The date and time for the defendant to appear before the Judge to explain why the defendant's probation should not be terminated and serve his/her time in jail.
UNDER ADVISEMENT
Under the guidelines set by the State Of Michigan, certain offenses may be taken Under Advisement. This means that the defendant will be placed on probation with terms and conditions and if the defendant completes the probation terms without any violations, then the charge will be dismissed.
REVIEW HEARING
All defendants sentenced to probation will have a review hearing scheduled about three months later. At this time, the Judge will review the sentence and determine if any modifications are in order and ensure the defendant is in compliance with all terms of probation including payments toward fines and costs, completion of work program days, and remaining alcohol/drug free.
WORK PROGRAM
The 28th District Court's work program is a sentence of community service in lieu of serving time in jail. The work program is held seven days per week from the hours of 7:45am until 3:45pm. Rules and regulations are strictly enforced. The program is designed to use the services of the defendants to better the community. Typical tasks performed on the work program include, but not limited to, picking up litter off the sides of streets, cleaning parks and schools, raking leaves and shoveling snow, painting, cleaning busses, and helping area community centers.
It is ordered that every defendant sentenced to work program complete a minimum of two days per month. Failure to complete a minimum of two days per month will result in a violation of probation and Show Cause hearing being set. On the date of the Show Cause hearing you may be sentenced to serve the balance of the work program days in jail.
If a defendant fails to appear for a scheduled work program day, then that defendant must appear in person by the Wednesday following their missed day or a bench warrant will be issued for their arrest.
COUNSELING
Outpatient counseling may be ordered to defendants with signs of substance abuse issues. These individuals will be ordered to enroll into a counseling program that is conducted by a licensed therapist. The defendant can go to any licensed therapist providing the defendant follows all recommendations of the counselor. The duration and format of the counseling sessions is determined by the therapist at the time of the intake. Once ordered by the Judge to enroll into a therapy program the defendant must enroll within 30 days. Failure to enroll in therapy will result in a violation of probation and a Show Cause hearing being set before the Judge.
Outpatient therapy is generally paid through health insurance, however, for those defendants without health insurance, there are other options available. One option is to self pay. Some counselors will charge defendants on a ability to pay basis and on a sliding fee schedule. Also, for those that are in the Monroe County and Wayne County area (excluding the City of Detroit) there is an agency that will help fund therapy for those who qualify. The agency is called SEMCA, Southeast Michigan Community Alliance, and the toll free number is 1-800-686-6543.
EDUCATIONAL PROGRAMS
The court uses outside companies that offer various educational programs to defendants. These programs are designed to give defendants the educational tools to correct behavior that has brought them into the criminal justice system. Currently, the court uses Education Training Research Services ( E.T.R.S.) and Prevention Education and Referral Services (P.E.R.S.) for our educational programs.
The following links are lists of educational programs offered by each company with a brief explanation of what the program is about.
Click on the organizations to go directly to the printable forms page for that organization
E.T.R.S.
29777 Telegraph Road, Suite 3470, Southfield, MI 48034
PHONE: ( 248 ) 354-3585
P.E.R.S.
License # 810278
Phone:(734) 487-2682
Fax:(734) 697-0289
DRUG SCREENS
The 28th District Court has an in house random drug/alcohol screening program. Everyone placed on probation is subject to random drug/alcohol screens during their term of probation. Randomly the court will mail out a notice to the defendant to appear at the court on a specific date and time to submit a screen. The defendant will be given approximately 3 days notice and is expected to appear on time. The fee for the screen is $30 and is payable at the time of the test. Failure to appear for a screen will result in a Violation Hearing being set. A drug screen consists of a urine sample being given at the courts on-site drug screen lab. The court tests each sample for adulterants. If a sample has been tampered with, the defendant is in violation and a Violation Hearing will be held. The Court also conducts random pat downs on defendant's submitting to a drug screen to check for samples being brought in.
MADD VICTIM IMPACT PANEL
The MADD Victim Impact Panel is a one day class held at the 28th District Court. The class is held every second Wednesday of the month from 6:15 PM until 8:30 PM, except December. The cost is $35 payable by money order to MADD and due at the time of the class. This program talks about the seriousness of drinking and driving and the possible affects that driving while impaired can cause. The program allows defendants to interact face to face with victims of drunk drivers and understand what it means to be a victim.
CLICK HERE FOR THE PRINTABLE FORMS PAGE
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