Ask Me Help Desk - Probation rules

OK I have a really good quistion!!

I am on feloney (Probation) in Idaho, when I was sentenced in 2001 I wis given (Special conditions) to wit, and ordered by the judge. The state board of correction, continuely does not allow offenders, or makes offenders not follow those special conditions.

I got curious about the rules and started to dig a little deeper into the state bord of correction and obtained there probation and parole policy, which directly states on bage 4 of that policy and I quote, (Special conditions) special conditions are specific orders of the court, any violation of those rules has to be reported to the court, it is the probations officers responsibility to make sure the offender follows those rules, the fore reduceing the flexibility a po has in regards to those orders, and to which the po may be held responsible for the offenders failure to cary out thos orders.

My quistions, if my judge specificle ordered me to do something which is a (Special condition) of that order, and my po tells me not to do the act ordered, is that a violation of my 5th amendment right to due prosses, specificly pertaining to life, freedome, and liberty, and if I continue to do the act is it a violation of my probation, because I was ordered to do the act or acts??

Hello t:

Nope, it's not a violation of your rights. If your PO tells you NOT to do something that was ordered by the court, get it in WRITING, or keep in doing it no matter what your PO says. In fact, if the PO won't put it in writing, I'd write a letter to the judge and tell him.

However, I doubt that's really what's happening... Why don't you tell me the condition, and the reason the PO is telling you NOT to do it.

Then I'll tell you what to do next.

excon

Quote:

Originally Posted by excon

Hello t:

Nope, it's not a violation of your rights. If your PO tells you NOT to do something that was ordered by the court, get it in WRITING, or keep in doing it no matter what your PO says. In fact, if the PO won't put it in writing, I'd write a letter to the judge and tell him.

However, I doubt that's really what's happening... Why don't you tell me the condition, and the reason the PO is telling you NOT to do it.

Then I'll tell you what to do next.

excon

idahos rules of offenders have limitations on copntact with childre, while I was on probation my ex and I had a child, we separated and the contact with my child stopped, several months later I ask the p.os how to get custody and visitation with my child they tell me (1) go to your sentenceing judge have them amend rule (13) which limited contact with children, the court did in fact amend the rule as (un-constitutional) of due prosses, probation and parole, then had no problem, but latley they find that there own rules state I can't do this, my quistioned is there rules specificly state they have to follow the special conditions set fourth by the district court, based on that them telling me to stop would be a violation of my rights to the 5th amendment pertaining to due prosse, and liberty... lassiter v. department of social services 452 U.S 18, 25 (1981)

Quote:

Originally Posted by timothy friel

the court did in fact amend the rule as (un-constitutional) of due prosses, probation and parole, then had no problem, but latley they find that there own rules state i can't do this, my quistioned is there rules specificly state they have to follow the special conditions set fourth by the district court, based on that them telling me to stop would be a violation of my rights to the 5th amendment pertaining to due prosse, and liberty....lassiter v. department of social services 452 U.S 18, 25 (1981)

Hello again, t:

I don't know if they have rules that tell that that or what. I'm sure they don't. This isn't about THEIR rules, anyway. It's about what YOU are going to DO.

I don't know why you are even having this discussion the probation people. They told you to get a waiver from the court, and you DID. That should have ended your discussion with them.

It should now too. So, instead of trying to figure out what violates what, CONTINUE to DO what the JUDGE told you that you CAN do. I would no longer discuss this with them. IF the probation department thinks it's a violation, then they'll violate you, and the judge will tell them to stick it.

Plus, you could, of course, ask your PO to show you the exact WRITTEN rule and regulation that you're breaking.

excon

Quote:

Originally Posted by excon

Hello again, t:

I dunno if they have rules that tell that that or what. I'm sure they don't. This isn't about THEIR rules, anyway. It's about what YOU are going to DO.

I dunno why you are even having this discussion the the probation people. They told you to get a waiver from the court, and you DID. That should have ended your discussion with them.

It should now too. So, instead of trying to figure out what violates what, CONTINUE to DO what the JUDGE told you that you CAN do. I would no longer discuss this with them. IF the probation department thinks its a violation, then they'll violate you, and the judge will tell them to stick it.

Plus, you could, of course, ask your PO to show you the exact WRITTEN rule and regulation that you're breaking.

excon

that's true and they have shown me there rules, and I understand and I can recite them but my fundimental objection to the situation and there rules there rules are completely clear about there course of action they have to allow me to follow special conditions set fourth by the court, what I don't understand is why they continuely harrass me on the situation, all I want to do is follow the rules, this has been going on for nine months now, and I threatened to sew them and I haven't talked to a p.o in 3 months, they won't return my calls, I go in and I'm ignored but o well it seems great to me, but you can see there rules for yourself if you like, Google Idaho deparmtnet of correction, community corrections policy (Special conditions)