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HomeMy WebLinkAboutGuidelines for Financial ObligationsC O P Department Of Correction COMMUNITY CORRECTIONS DIVISION DIRECTIVE NUMBER: 701.04.02.011 PAGE NUMBER: 1 of 3 SUBJECT: Guidelines for Financial Obligations Updated: 09-1995 Reformatted: 03-20-01 01.00.00. POLIC Y OF THE DEPARTMENT The Department’s probation and parole services shall supervise those individuals who are placed on probation by the district courts, within the Department’s jurisdiction until released by such courts, and all inmates granted parole release by the Commission for Pardons and Parole. Supervision of cases is decided among seven geographi c district offices. 01.01.00 PURPOSE To set forth guidelines governing recommendations for the payment of fines, restitution, family support, cost of supervision, etc., by probationers. 02.00.00. TABLE OF CONTENTS 01.00.00. POLIC Y OF THE DEPARTMENT 01.01.00. Purpose 02.00.00. TABLE OF CONTENTS 03.00.00. REFERENCES 04.00.00. DEFINITIONS 05.00.00. PROCEDURE 05.01.00 Financial Obligations: 03.00.00. REFERENCES Idaho Code Section 20-225, Supreme Court Rule 32. 04.00.00. DEFINITIONS Presentence Report:: A document prepared by the field officer and approved by the district manager/section supervisor. The document is a record of information relating to the offender’s background which will be helpful to the Court and other criminal justice agencies in determining an effective program fo r the offender. Restitution: Court-ordered repayment fo r damages inflicted by the offender. DIRECTIVE NUMBER: SUBJECT: PAGE NUMBER: Guidelines fo r Financial Obligations 2 of 3 701.04.02.011 C O P Y 05.00.00. PROCEDURE Field officers recommending probation with conditions requiring payment of court costs, fines, restitution, family support, etc., shall consider the probationer’s ability to pay as well as the recipient’s assessment as to the total value and method of payment to be imposed. Assignment of Costs: Community Corrections Division ma y exempt a person from the payment of all or any part of the cost of supervision if it finds any of the following factors to exist: The offender ha s diligently attempted but is unable to obtai n employment. The offender ha s an employment handicap, as determined by a physician, psychologist or psychiatrist acceptable to the Division of Field and Community Services. Other: Bench or parole commission warrants, in jail, etc. Supervised out of state. 05.01.00 Financial Obligations: Offenders under supervision shall not be confronted with possible probation/parole violations for failure to meet financial obligations to other than those which are conditions of probation/parole or Idaho Code section 20-225. Staff shall no t collect any money for any other agency or person and will no t threaten a probationer/parolee with sanctions to compel payment of a debt, unless it is a condition of probation/parole or cost of supervision. If contacted by an offender’s creditor, the field officer shall verify the identity of the creditor, advise the offender regarding his/her obligation to pay debts and may provide the offender’s address to the creditor. Budgeting Payments: When formulating budgetary recommendations to the court, the field officer shall: Examine the probationer’s ability to pay. Examine with the victim and/or family, the loss value involved and support needed. DIRECTIVE NUMBER: SUBJECT: PAGE NUMBER: Guidelines fo r Financial Obligations 3 of 3 701.04.02.011 Administrator, ComCmunity Corrections Division Date O P Y