Okla. Admin. Code § 377:25-5-2

Current through Vol. 42, No. 4, November 1, 2024

Section 377:25-5-2 - Probation responsibilities

(a)Deferred judgment/suspended sentence. The court may conditionally defer a decision to formally adjudicate a juvenile or sentence a youthful offender. If requested by the court, the JSU worker shall provide supervision and probation services to the juvenile and family.

(b)Court probation. The JSU worker shall contact the juvenile and family within 24 hours after a juvenile is adjudicated delinquent and placed on formal court probation or a youthful offender is sentenced and placed under OJA supervision. The JSU worker shall be responsible for:

(1) seeking probation fees pursuant to 10A O.S., §§ 2-2-503(A)(1) and 2-5-209(B)(5);

(2) attending all subsequent court hearings;

(3) submitting court reports; and

(4) keeping the Court informed of the juvenile's progress.

(c)Court supervision. The JSU worker shall contact the juvenile and family within 24 hours after the juvenile is adjudicated In Need of Supervision and placed on court supervision. The JSU worker is responsible for:

(1) seeking probation fees pursuant to 10A O.S., § 2-2-503(A)(1);

(2) attending all subsequent court hearings;

(3) submitting court reports; and

(4) keeping the Court informed of the juvenile's progress.

(d)Terms of probation/court supervision. The establishment of conditions of probation rules is within the authority of the judge. The JSU worker may use the Juvenile Probation Rules and Statement of Understanding (JSU-3), which is given to the juvenile and family, to:

(1) establish rules of probation/court supervision for a delinquent juvenile placed on probation, an INS juvenile placed under court supervision, or a youthful offender placed under supervision; and

(2) obtain a signed statement of under-standing of the rules from the juvenile and parent or guardian.

(e)Additional probation/court supervision rules. The JSU worker may request that additional rules be established to meet the individual needs of a juvenile. The JSU worker, juvenile, and parent shall sign a copy of the Additional Probation/Court Supervision Rules (JSU-4) which is used to:

(1) establish additional rules of probation /court supervision for a delinquent juvenile placed on probation or an INS juvenile placed on court supervision, or a youthful offender placed under supervision; and

(2) obtain a statement of understanding of the rules from the juvenile and parent or guardian.

(f)Violation of probation.

(1) When the JSU worker and supervisor determine that a juvenile has violated the rules of probation or court supervision, the JSU worker shall:

(A) facilitate resolution of minor violations, such as status offenses by:

(i) changing supervision levels;

(ii) establishing goals; or

(iii) adding supplemental rules or conditions; and

(B) if further disposition of the case is necessary, request that the matter be set for a court review hearing.

(2) The JSU worker shall submit a current court report with recommendations to the court. Violations, which constitute new delinquent offenses, must be referred for the intake/preliminary inquiry process.

(g)Sanction detention facility. A sanction detention facility is a secure facility in which a juvenile is placed for up to five days as a consequence for his or her non-compliance with court orders or rules of probation. No juvenile shall be placed in an OJA-designated sanction detention facility without a court order.

(h)Sanctions programs. Sanctions programs are community-based, intensive treatment intervention programs in which a juvenile may be placed for up to five days to hold him or her accountable for violation of probation, court supervision, or parole rules.

Okla. Admin. Code § 377:25-5-2

Added at 14 Ok Reg 1882, eff 6-2-97; Amended at 15 Ok Reg 966, eff 12-15-97 (emergency); Amended at 15 Ok Reg 2695, eff 7-1-98; Amended at 16 Ok Reg 2996, eff 7-12-99; Amended at 18 Ok Reg 2162, eff 7-1-01; Amended at 28 Ok Reg 2011, eff 7-15-11