NEW JERSEY JUDICIARY
JUVENILE VIOLATION
OF PROBATION
POLICY FOR VIOLATION OF PROBATION
FOR
JUVENILE OFFENDERS
APPROVED BY THE JUDICIAL COUNCIL
MAY 29, 2003
TABLE of CONTENTS
I. INTRODUCTION ..................................................................….............................…..3
II. GUIDELINES FOR FINDING VIOLATIONS OF STANDARD AND SPECIAL
CONDITIONS OF JUVENILE PROBATION.…………….……………................ 4
III. VIOLATION PROCESS AND PROCEDURES ...................................................... 9
IV. PROCEDURES FOR REQUESTING WARRANTS TO ARREST AND DETAIN
JUVENILES FOR VIOLATION OF PROBATION...........................……............ 10
APPENDICES:
Appendix A Violation of Probation - Statement of Charges (form)
Appendix B Violation of Probation Summary report (form)
Appendix C Standard Conditions of Family Probation (form)
Appendix D Violation of Probation “Charging Language”
I. INTRODUCTION
The following standards and guidelines for violations of probation are meant to standardize
juvenile supervision practices to ensure that conditions of probation are enforced fairly and consistently.
Ensuring compliance with the court order is the core function of probation, and the activities of
probation -- monitoring, enforcing and intervening -- are designed to meet that mandate. It is
recommended that probation officers utilize intermediate sanctions to deal effectively with probationer
noncompliance. The selection of an intermediate sanction should be progressive, beginning with the
least restrictive measure deemed appropriate, followed by more consequential measures if noncompliance
continues. For example, an officer might increase reporting requirements, set a curfew or
develop a contract with the juvenile/parents to move the juvenile into compliance. If despite these
strategies the probationer continues to be non-compliant or the nature of the non-compliance is serious, a
Violation of Probation should be filed. Since timeliness of response is an essential element of good
probation practice, the time frame of non-compliant behavior is to be included in the decision-making
process by the probation officer and supervisor. This policy calls for swift decisive action when a
probation officer believes the probationer=s behavior and/or circumstances have the potential for harm.
Supervision strategies should incorporate best probation practices and should be consistent with
the purposes of the New Jersey Code of Juvenile Justice as articulated in
N.J.S.A. 2A:4A-21:
To preserve the unity of the family whenever possible and to provide for care, protection, and
wholesome mental and physical development of juveniles coming within the provisions of the
act;
Consistent with the protection of the public interest, to remove from children committing
delinquent acts certain statutory consequences of criminal behavior, and to substitute therefore
an adequate program of supervision, care and rehabilitation, and a range of sanctions designed to
promote accountability and protect the public;
To separate juveniles from the family environment only when necessary for their health, safety
or welfare or in the interests of public safety;
To secure for each child coming under the jurisdiction of the court such care, guidance and
control, preferably in his own home, as will conduce to the child=s welfare and the best interests
of the State; and when such child is removed from his own family, to secure for him custody,
care and discipline as nearly as possible equivalent to that which should have been given by his
parents;
To insure that children under the jurisdiction of the court are wards of the State, subject to the
discipline and entitled to the protection of the State, which may intervene to safeguard them from
neglect and injury and to enforce the legal obligations due to them and from them.
II. GUIDELINES FOR FINDING VIOLATIONS OF STANDARD AND SPECIAL
CONDITIONS OF JUVENILE PROBATION
The statement in bold at the beginning of each numbered paragraph below sets forth one of the
Standard Conditions of Juvenile Probation approved by the New Jersey Supreme Court in September
1995. The statement is followed by factors to be considered in responding to a violation of each
condition.
1. You shall obey all laws - Federal, State, and Municipal.
The commission of a new offense while under probation supervision is considered a serious
violation. When a probation officer becomes aware that a juvenile under probation supervision has
incurred a new charge, action must be taken. The sanction for a new offense should be an appropriate
action consistent with the probationer=s risk to the community, severity of the new charge, and with prior
probation adjustment. Sanctions must also be timely and have supervisor approval.
A Violation of Probation may be filed upon notification of a new offense, pursuant to the
guidelines below and individual circumstances. Ideally, the disposition of the violation should be
postponed pending the adjudication of the new offense. When possible, the violation should follow the
new offense throughout the court process. This will serve to advise the court of the new offense, toll the
term of probation, and provide the court with the opportunity to indicate how it wishes to proceed.
Special care should be taken by the probation officer to ensure that the date of the new offense
does not pre-date the start of probation, thus nullifying a violation of probation.
A. Arrest for a violent crime or a first or second degree offense or equivalent charge from
another state.
The probation officer shall file the Violation of Probation within five (5) working days of
receiving notification of the offense. This will serve to advise the court of the offense, toll the term and
provide an opportunity to the court to indicate how it wishes to proceed. (i.e., proceed with the VOP or
wait adjudication on the new charge). The wording of the violation must include the specific new
charge, the date of the offense, and the docket number, if available.
B. Arrest for a third or fourth degree offense.
Upon notification of the new offense, the Probation Officer, after consultation with the
supervisor, may file a Violation of Probation prior to the adjudication of the new offense or hold until
the new charge has been adjudicated. The decision on how to proceed is determined by the nature and
circumstances of the new offense and the probationer=s compliance or non-compliance with the current
probation conditions. If the new offense is part of a pattern of non-compliance, the probation officer
should include the new offense in the violation charges. For example, if the juvenile is testing positive
for drug use, not attending counseling, and is charged with possession of marijuana, the decision may be
made to include this new charge with the violation. In all cases, a Violation of Probation should be filed
when the term of probation is within 90 days of expiration in order to toll the term.
C. Arrest for disorderly persons offense, petty disorderly persons offense, a motor
vehicle violation or municipal ordinance violation.
Upon notification of a new offense, and after consultation with the supervisor, the probation
officer may file a Violation of Probation. Again, the decision on how to proceed is determined by the
nature and circumstances of the new offense and the probationer=s compliance or non-compliance with
the current probation conditions. If no violation will be filed, intermediate sanctions should be utilized
as appropriate. For example, if the juvenile is compliant with the conditions of probation but has been
charged with damaging property, a decision may be made to increase the reporting schedule for a period
of time rather than filing a violation of probation. This sanction, coupled with the court=s disposition,
may be determined to be most appropriate for this juvenile.
Special consideration should be given to motor vehicle violations such as Driving Without a
License (DWL), Driving Without Insurance, etc., with respect to the offenses as well as the
probationers=s background and overall adjustment to community supervision.
Note: If the probationer meets the criteria for detention, pursuant to N.J.S.A. 2A:4A-34, and the
Probation Officer/Supervisor feels detention is necessary, the Officer should request that the probationer
be held in an appropriate detention facility. A VOP Statement of Charges must be submitted within 24
hours for juveniles who are placed in custody as the result of a VOP or Court Order. (See Procedures for
Requesting Warrants to Arrest and Detain Juveniles for a Violation of Probation Section IV of this
document.)
2. You shall not have in your possession any firearm or other dangerous weapon.
A violation of probation should be filed if a probationer is found to be in possession of a firearm
or dangerous weapon or if a probationer fails to surrender any firearm, dangerous weapon or firearms
purchase permit, after being noticed to do so. The standard for filing the violation is to do so within five
(5) working days of receiving notification.
3. You shall report to your probation officer as directed.
Reporting is critical to effective supervision and case management. During the reporting
session, the officer reviews the probationer=s progress, assesses the level of compliance, assesses the
needs of the probationer, develops and/or modifies individual case plans, conducts urine monitoring and
makes appropriate referrals to service providers. Reporting also puts responsibility on the probationer
by holding them accountable for adherence to a reporting schedule. Failure to report has been upheld in
case law as a violation of probation.
Prior to returning a probationer to court for not reporting, efforts to gain compliance should be
taken. The efforts should include, but are not limited to, a home contact, sending a letter, and phone
contact when appropriate. Upon consultation with a supervisor and after considering the history of
compliance, a Violation of Probation should be filed if a probationer has missed three consecutive
reports or has established a pattern of sporadic reporting for a period of 60 days.
4. You shall not leave the State of New Jersey without the permission of your probation officer.
When a probationer leaves the State of New Jersey without the permission of the probation
officer, a violation of probation should be filed within five (5) working days. If the probationer returns
prior to the above action then an appropriate sanction should be imposed and/or a violation of probation
should be filed. Consultation with a supervisor should take place to determine the appropriate action and
sanction.
5. You shall not leave your home/residence for more than 24 hours without permission of your
probation officer.
Noncompliance with this condition should be dealt with an appropriate intermediate sanction. If
the probationer continues to violate or shows a serious pattern of non-compliance, then a Violation of
Probation should be filed. In any such case, the parents/guardians must be advised to file a Missing
Persons Report with the appropriate authorities.
6. You shall permit your probation officer to visit your residence and to see and talk with you at
any suitable place.
If the probationer is present and directly denies the probation officer access to his/her own
residence, or other suitable place, after consultation with the supervisor a Violation of Probation should
be filed.
Since juveniles reside with their parents or guardians it is imperative that the parents or
guardians be advised at Intake of this condition of probation so as not to cause problems during the
course of supervision. If a parent/guardian continues to deny access to the probation officer, the matter
should be brought to the attention of the court.
7. You shall notify your probation officer immediately of any change in residence, school,
employment, and contact with law enforcement agencies.
It is imperative that Probation knows the whereabouts of probationers at all times. Failing to
advise Probation of a new address is cause for an immediate Violation of Probation. The violation
should be filed within five (5) working days of notification of the noncompliance.
Probation can only monitor school attendance and employment if advised of the school or
employment location. Any failure to advise Probation of changes should result in an appropriate
sanction being imposed.
Negative contact with a law enforcement agency is to be reported by the probationer. Failure to
do so should result in a sanction being imposed.
At any time a probation officer detects a pattern of non-compliance with this condition and the
sanctions imposed are not effecting a positive change, a Violation of Probation should be filed.
8. You shall answer promptly, truthfully and completely all inquires made by your probation
officer.
This principle is the basis of good probationer performance. In the event that the probation
officer discovers that the probationer is not being truthful, evidence to that effect will be considered in
imposing an appropriate sanction.
Repeated non-compliance with this condition, substantiated with evidence, should be considered
a violation of probation especially when other violations exist.
9. You shall participate in any detection, diagnostic, or therapeutic program as determined by the
courts and/or your probation officer.
Any condition of probation imposed by the courts must be pursued diligently by the probation
officer. All efforts to secure compliance should be taken immediately after sentencing and documented
in the case notes.
Orders for counseling programs and/or evaluations should be referred to an appropriate agency
by the probation officer within ten (10) working days of receiving the case. Noncompliance with such
orders should result in a Violation of Probation.
A probation officer may request that a probationer submit to an evaluation and/or attend
counseling if it is reasonably related to the probationer=s rehabilitation. A recommendation for
treatment/counseling should be supported by a professional evaluation. When obtaining an
evaluation/assessment, a reasonable time frame should be set, and the probation officer should direct the
probationer to a specific agency or advise the probationer to find an appropriate service provider. If the
recommended treatment significantly changes the conditions of probation the matter should be reviewed
by the court.
Once a probationer is deemed to be in need of treatment and an appropriate service provider is
found, the probationer is expected to attend and cooperate fully. Failure to do so should result in a
Violation of Probation being filed within ten (10) working days of being notified of the noncompliance.
A probation officer may conduct urine monitoring of any probationer if there is reason to suspect
that the probationer is using drugs. If a probationer tests positive for drugs, a referral should be made to
an appropriate agency for an evaluation and/or treatment. In addition, an appropriate sanction must be
imposed. Repeated positive urine screens, refusal to submit to drug testing, and/or refusal to attend an
evaluation or counseling, will result in a Violation of Probation being filed.
10. You should attend school or be employed.
For any juvenile under the age of 16, school attendance is mandatory. This condition should be
considered a priority and all efforts to gain compliance should be used. School attendance should be
monitored regularly. Failure to attend should be sanctioned immediately. The officer should speak to the
parent/guardian and the school officials to develop a plan to correct the behavior and assist as
appropriate. If all efforts prove futile, a Violation of Probation should be filed. Unexcused absences
should not go without some action on the part of the probation officer.
School attendance for probationers over 16 may also be ordered as a condition of probation. The
same sanctions as above apply. The probation officer should be an advocate for achieving educational
and vocational goals. Any probationer over the age of 16 and not in school is expected to be employed
or to be seeking employment diligently.
11. You shall pay, through the Probation Division, any and all monies ordered to be paid by the
court in strict accord with the terms fixed by the court. Failure to comply will result in further
court action, including filing of a civil judgment and/or extension of the probation term.
Collecting monetary obligations from juveniles is extremely difficult. Many probationers are
below the legal working age, have transportation problems, or cannot work due to the school attendance
requirement. Those not enrolled in school oftentimes have difficulty in securing employment.
If this is the only condition with which the juvenile is not in compliance, consideration should be
given to referring the case to the Comprehensive Enforcement Program. However, a Violation of
Probation should be filed if the non-payment is willful.
12. You shall abide by the curfew imposed by your probation officer.
Curfew violations should result in the probation officer imposing sanctions. When curfew
violations occur frequently and/or in addition to other violations, a Violation of Probation should be
filed.
13. You shall comply with any additional special conditions of probation specifically imposed by
the court.
The courts have the authority to impose other conditions at the time of disposition. Pursuant to
N.J.S.A. 2A:4A-43, the court may place the juvenile on probation to the Chief Probation Officer of the
county for a period not to exceed three years upon such written conditions as the court deems will aid
rehabilitation of the juvenile. Violations should be filed within five (5) working days of notification of
non-compliance.
III. VIOLATION PROCESS AND PROCEDURES
Once it has been determined that a violation of probation must be filed, the following steps
should be followed.
1. The Violation of Probation - Statement of Charges form (see Appendix A) must be filled out using
sample charging language appropriate to the violation (see Appendix D). All information must be
complete and accurate. Particular attention should be paid to completing the Reference (underlying)
Docket numbers for this violation. Charges must be written clearly and detail the specifics of the
violation(s).
2. The Violation of Probation Summary form (see Appendix B) should be filled out and attached.
This form should support the specific violation(s) and include details and supporting evidence. The
“Opening Statement” should briefly address the probationer=s current status in the court system and any
facts specific to this violation. The “Efforts to Gain Compliance” should address the probation officer=s
enforcement actions and the probationer=s resultant behavior. The “Probation Adjustment” should
summarize the probationer=s adjustment with the other conditions of probation and compliance with the
case plan. The “Officer=s Statement and Recommendations” should be consistent with the facts of the
case, the probationer=s overall progress on probation and the underlying reasons for the Violation of
Probation.
3. The completed forms must be reviewed and signed by the probation officer and then given to a
supervisor for approval and signature.
4. The Violation of Probation – Statement of Charges should be docketed in the Family Court.
Scheduling procedures may be different in each county. However, violations should be processed with
minimal delay so as not to dilute the consequences of noncompliance with conditions of probation.
5. Whenever possible, the juvenile/parents should be noticed of the charges in person by the Probation
Officer. If this is not possible, the notice may be sent registered or certified mail, return receipt
requested.
6. Each County should also have a means for the expedient handling of emergent matters.
IV. PROCEDURES FOR REQUESTING WARRANTS TO ARREST AND DETAIN
JUVENILES FOR A VIOLATION OF PROBATION
Pursuant to N.J.S.A. 2A:4A-34 a juvenile may be placed in detention for one or more of the
following reasons:
1. Detention is necessary to secure the presence of the juvenile at the next hearing as evidenced by
a demonstrable record of recent willful failure to appear at juvenile court proceedings or to
remain where placed by the court or the court intake service; or,
2. The physical safety of persons or property of the community would be seriously threatened if
the juvenile were not detained and the juvenile is charged with an offense which, if committed
by an adult would constitute a crime; or,
3. When the criteria for detention are met and the juvenile is charged with an offense which, if
committed by an adult, would constitute a disorderly persons or petty disorderly persons, the
juvenile may be placed in detention temporarily.
If a juvenile probationer meets the above criteria and the officer/supervisor feels detention is
necessary, the following steps should be followed:
1. The Violation of Probation - Statement of Charges form must be completed, filed and docketed.
The “Request WARRANT to be issued for the above-named@ block must be checked.
2. The request must be reviewed and approved by a supervisor.
3. The request must be taken to an appropriate judge for approval.
Note: Established procedures will be utilized if a juvenile must be detained on a Violation of Probation
when the court is not open for business, e.g., a juvenile is apprehended late at night after leaving a courtordered
fields program. The Violation should be filed and docketed the next working day.
The probation officer may prepare a supplemental statement/summary form with a recommended
course of action so as to limit the amount of time the juvenile is detained. If the probation officer will
attend the first hearing and/or subsequent hearings, then the recommendation may be given verbally in
court.
Note: No juvenile eleven (11) years of age or younger shall be placed in detention unless charged with
an offense which, if committed by an adult, would be a crime of the first or second degree or arson.
** Transfer cases will be dealt with in a manner consistent with the adult Inter-County Transfer Policy.
APPENDIX A
VIOLATION OF PROBATION—STATEMENT OF CHARGES
VIOLATION of PROBATION – STATEMENT of CHARGES
SUPERIOR COURT OF NEW JERSEY
Family Division County of
JUDGE:
STATE OF NEW JERSEY,
In the Interest of:
Address:
DOB: SS#
Parent/Guardian:
Tel:
VOP DOCKET #
FACTS Party ID
FACTS Probation ID:
CAPS ID:
SBI #:
Reference Docket #s
The above-named juvenile is subject to the Standard Conditions of Family Probation
in addition to any special conditions included in the disposition.
The juvenile is charged with violating the terms and conditions of probation as follows:
( ) Attached is a copy of the dispositional order(s) for the above-referenced docket numbers.
( ) VOP Summary attached
( ) Monetary/Community Services balances - CAPS printout
( ) Request HEARING to be scheduled
( ) Request WARRANT to be issued for the above-named
( ) Juvenile Court Record – Family FACTS printout
( ) Other (specify)
SIGNATURE OF PROBATION OFFICER or OTHER AUTHORIZED
PERSON (W/TITLE)
DATE
SIGNATURE OF CHIEF PROBATION OFFICER or OTHER AUTHORIZED
PERSON (W/TITLE)
DATE
Administrative Office of the Courts 11/
cc: COURT; PROBATION; JUVENILE; JUVENILE=S PARENT; FAMILY INTAKE; PROSECUTOR
APPENDIX B
VIOLATION OF PROBATION SUMMARY
SUPERIOR COURT OF NEW JERSEY
_______________ PROBATION DIVISION
Honorable [Judge]
VIOLATION OF PROBATION SUMMARY
Probationer Name: [Probationer name] FACTS Probation ID: [PJ #]
DOB: [mo/day/yr] CAPS ID:
OPENING STATEMENT
EFFORTS TO GAIN COMPLIANCE
PROBATION ADJUSTMENT
OFFICER=S STATEMENT & RECOMMENDATION
Probation Officer Name Date Supervisor
APPENDIX C
STANDARD CONDITIONS OF FAMILY PROBATION
State of New Jersey PROBATIONER
STANDARD CONDITIONS
of CASE FILE#/DOCKET#
FAMILY PROBATION
COUNTY
1. You shall obey all laws – Federal, State, and Municipal.
2. You shall not have in your possession any firearm or other dangerous weapon.
3. You shall report to your probation officer as directed.
4. You shall not leave the State of New Jersey without the permission of your probation officer.
5. You shall not leave your home/residence for more than 24 hours without permission of your probation officer.
6. You shall permit your probation officer to visit your residence and to see and talk with you at any suitable place.
7. You shall notify your probation officer immediately of any change in residence, school, employment and contact wit
law enforcement agencies.
8. You shall answer promptly, truthfully, and completely all inquiries made by your probation officer.
9. You shall participate in any detection, diagnostic, or therapeutic program as determined by the Court and/or your
probation officer.
10. You shall attend school or be employed.
11. You shall pay, through the Probation Division, any and all monies ordered to be paid by the Court in strict accord
with terms fixed by the Court. Failure to comply may result in further Court action, including filing a civil judgment
and/or extension of your probation term.
12. You shall abide by curfew imposed by your probation officer or the Court.
13. You shall comply with any additional special conditions of probation specifically imposed by the Court.
( ) Submit to a search ( ) Sex Offender Registration
( ) Driver's License Suspended for _______________ ( ) ___________________________
( ) Obtain a General Equivalency Diploma (GED) ( ) ___________________________
Comm
I have received a copy of the conditions of probation which have been read and explained to me. I understand the above rules and conditions of
probation and that they apply to me, and I further understand that I have been placed on probation for a period of __________ year (s) beginning
________________. Failure to comply may constitute a violation of probation and may cause
my return to Court.
Administrative Office of the Courts CPO123(Revised 8/00)
cc: FILE;PROBATIONER;PARENT/GUARDIAN
VCCB $____________
VAF $____________
FLF $____________
DEDR $__________
Restitution $__________
Fine $__________
Total Ordered $__________
Community Service –
Total of _____ hours to be
served at a rate to be
determined.
Total Amount Ordered $___________. This will be paid at the rate of $________per _______.
If no payment schedule is established, the total is due immediately.
Probation Officer (Signature) Probationer (Signature)
Date Parent/Guardian (Signature)
APPENDIX D
SAMPLE LANGUAGE FOR COMPLETING
STATEMENT OF CHARGES FORM
Juvenile Violation of Probation
SAMPLE LANGUAGE FOR COMPLETING
STATEMENT OF CHARGES FORM
Condition #1: NEW OFFENSE
(A) The probationer has been charged with a new offense, specifically: (date), (location),
(offense).
(B) The probationer was charged and adjudicated on a new complaint, specifically: (date),
(location), (charge) (or date of hearing and disposition)
Condition #2 POSSESSION OF FIREARM/DANGEROUS WEAPON
The probationer possessed a firearm/other dangerous weapon as defined in N.J.S.A.
2C:39 et.seq., specifically: (date), (location), (name of person/agency to provide
documentation), (details of event)
Condition #3: FAILURE TO REPORT
The probationer did not report to the Probation Officer as directed. Specifically, the
probationer failed to report on the following dates:
Condition #4 LEAVING STATE WITHOUT PERMISSION
The probationer left the state of New Jersey without the permission of the probation
officer, specifically: (date), (location), (details of event).
Condition #5 LEAVING HOME/RESIDENCE FOR MORE THAN 24 HRS WITHOUT
PERMISSION
The probationer left his/her home/residence for more than 24 hours without the
permission of the Probation Officer, specifically: (date), (location), (details of event).
Condition #6 FAILURE TO PERMIT PROBATION OFFICER TO VISIT RESIDENCE
The probationer has failed to permit the Probation Officer to visit residence/other suitable
place, specifically: (date), (location), (details of event)
Condition #7 FAILURE TO NOTIFY PROBATION OFFICER OF CHANGE OF
ADDRESS/SCHOOL/EMPLOYMENT
The probationer has failed to keep the Probation Officer advised of a change of (address),
(school),(employment) specifically: (date), (location), (details of event)
Condition #8 FAILURE TO ANSWER ALL INQUIRIES
The probationer has failed to truthfully answer inquiries made by the Probation Officer,
specifically: (date), (location), (details of event)
Condition #9 FAILURE TO PARTICIPATE IN DETECTION, DIAGNOSTIC, OR
THERAPEUTIC PROGRAMS
(A) The probationer failed to cooperate in examination/testing/counseling/treatment as
directed by the Probation Officer, specifically: (date), (agency ), (name of agency
representative who provided documentation), (details of event).
(B) The probationer failed to submit to drug/alcohol testing as directed by the Probation
Officer, specifically, (date), (agency), (name of agency representative who provided
documentation), (details of event).
(C) The probationer submitted urine samples which tested positive for drug/alcohol use,
specifically: (date), (test results).
(D) The probationer submitted an adulterated sample, specifically: (dates), (test results).
Condition #10 FAILURE TO ATTEND SCHOOL/BE EMPLOYED
(A) The probationer did not attend school on the following dates: (name/source of
information/documentation), (details of event).
(B) The probationer has failed to seek/maintain employment, specifically: (dates),
(name/source of information/documentation), (details of event).
Condition #11 FAILURE TO PAY MONIES
The probationer failed to pay Court imposed financial obligations, specifically: total
amount ordered $ , total amount paid $ , total amount outstanding $ , date of last
payment: .
Condition #12 FAILURE TO COMPLY WITH CURFEW
The probationer failed to comply with the curfew imposed by the Probation
Officer/Court, specifically: (dates), (details of event).
Condition #13 SPECIAL CONDITIONS
source:
https://www.judiciary.state.nj.us/directive/family/dir_08_03.pdf
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