Formal Probation (Court)
Formal Probation (Court)
The “Formal” Probation Unit for the Linn County Juvenile Department consists of eight Probation Officers, all of whom manage a caseload of approximately 25 youth, primarily between the ages of twelve and eighteen. The Probation Unit serves youth as young as nine years of age and up to twenty three years of age. Most youth supervised by the Probation Unit include youth who have been adjudicated by the Linn County Circuit Court and have been placed on formal probation. Length of probation is determined on a case-by-case basis and is dependent upon a variety of factors including past criminal history, risk level, and type of referral to our department.
The Probation Unit Officers are representatives on a variety of committees and programs throughout the county. These include; the Student Threat Assessment Team (STAT), Linn-Benton Multi Disciplinary Team (MDT), Youth Services Team (YST), and the Time for Change Program.
What Happens When A Youth is Referred to the Juvenile Department;
When a youth is referred to the Linn County Juvenile Department for a crime or is placed at the Linn Benton Juvenile Detention Center, a copy of the police report is sent to the Linn County District Attorney’s Office for review. The Deputy District Attorney will determine if the evidence supports a crime having been committed. The Deputy District Attorney may provide language to develop a petition to be filed with the Juvenile court. Probation Officers will make contact with the youth and their family, advising them of their right to an attorney, the pending charges against them and the possible sanctions and consequences for the alleged behavior.
Probation Officers gather social history information to complete a JCP (Juvenile Crime Prevention) assessment. The purpose of the JCP is to further understand who the youth is, identifying his or her risk and needs and begin to target criminogenic ( crime producing ) risk factors. If a youth is in custody, they will have an initial court hearing with an attorney present, either appointed to them by the Court or retained by the youth's family. During the hearing, a judge will decide if a youth will remain in detention pending a subsequent hearing or be released, and if released, under what conditions. The court process itself has many different components and the length of the process can vary. Probation Officers and Attorneys will help clarify the direction of a particular case. For youth not placed in detention, a meeting will be held with the youth and family soon after the referral has been received by the Juvenile Department.
Supervision of Youth on Probation;
Supervision of youth adjudicated on criminal charges may include the Probation Officer visiting the youth’s residence and school, possibly a youth’s place of employment and other places the youth spends significant amounts of time. If the youth is in violation of probation, the Probation Officer has the authority to take them into custody and transport them to the Linn Benton Juvenile Detention Center pending a detention hearing. The Probation Officer may also place the youth on house arrest in lieu of being lodged at the Linn Benton Juvenile Detention Center if he/she decides this is an appropriate intervention.
The Probation Unit collaborates with a number of community partners and agencies to coordinate services for youth and their families in the community to help reduce the youth’s escalation in the Juvenile Justice System. Partner agencies include the Linn County Mental Health, Linn County Drug & Alcohol, in addition to contracted and licensed social workers and therapists who can complete assessments for youth in an effort to help identify the needs of youth and his/her family. Assessment recommendations help identify the level of treatment/supervision needed.
In cases in which a youth is failing to following probation rules, an assigned Probation Officer presents the youth’s case history, treatment needs and recommendations from any completed assessments, to the Community Partner Resource Committee (CPRC). The goal is to identify appropriate services in the community to prevent the youth’s removal from their home. In some cases, they will attempt to secure placement for the youth in a residential treatment program within the state. Oregon Youth Authority (OYA) and Oregon Department of Human Services (DHS) may become involved when a youth has not responded to any community based resources and/or presents a serious risk to the community, himself/herself or family and must be removed from their home.
When a Youth has Successfully Completed Probation;
After completing conditions of probation and having no new referrals for five years from the date probation expires, generally, the youth may contact the Juvenile Department to request expunction of their juvenile record. Per ORS 419A.260 & 419A.262, depending on the type of charge(s) subject of adjudication, the youth may complete an application for expunction in person at the Linn County Juvenile Department to request the Circuit Court approve an order to expunge their juvenile record.