Probation Officer Exam Questions and Answers, Exams of Nursing

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answers

List the 4 functions of Community Corrections - Work Release Home Detention Electronic Monitoring Daily Reporting List the Officers of the Court (5) - Bailiff Judge Court Reporter Prosecutor Probation Officer List the Duties of an Adult PO (10) - Provide written copy of COPs to probationers Supervise probationer & assist with fulfilling terms and conditions Notify probationers of VOPs File revocations Process transfers of probation Keep accurate case records & investigations assigned by the Court Collect & disburse monies, keep accounting

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File modifications of probation Assist court with pretrial releases Any other duties required by law Goals of Probation - Public Safety Rehabilitation Probation vs. Parole - Probation: function & supervision of the court. Probation term established by court. Parole: function of DOC & supervised by parole officer. Two year term & individual risks good time credit already earned prior to release. Minimum Home Detention Sentence - 60 days What is the standard of proof in a revocation hearing? - 51% What are the rights of a defendant at a revocation hearing? - Right to counsel Right to confront & cross examine witnesses

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Change of Venue - the transfer of a legal action begun in one county to another county or the legal action from one court to another court of the same county Coerce - to threaten or force another person into desired compliance or action Commitment - a process directed to an officer by which a person is to be confined to prison, usually issued by a judge or magistrate Concurrent - having equal authority or jurisdiction; running together at the same time Confession - a voluntary admission by an offender of his/her commission of a previously charged event Consecutive - following one another without interruption. Sentences must be served consecutively if:

• another offense happens within 3 years from the release of probation
• the person is out on bond and they commit a new offense
• the person commits an offense while on probation

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Conviction - the act of proving or declaring guilt; rendering judgment upon said accused person Corpus Delecti - the body of a crime; the essence of the crime Custodian - the person with whom a child resides Defendant - the person defending and denying; the party against whom relief is sought Delinquent - failed to do what is required by law or duty; guilt of a fault or offense Detainer - an instrument placed with an agency for the purpose of detaining the subject presently in their custody who is wanted Detention - the act of retaining or detaining and preventing the removal of a person or property; the act of keeping in custody or confinement

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Felony - any crime more serious than a misdemeanor, punishable by more than 1 year in a state prison Fugitive - an absconder for whom a warrant is active Guardian Ad Litem - person appointed by the court to represent a child's interest and to provide that child with services requested by the court Grand Jury - a jury ranging from 12-23 members chosen to investigate accusations of a crime and bring an indictment against the person accused if there is an enough evidence for a trial Habeas Corpus - a writ directed to the person detaining another and commanding him to produce the body of the prisoner Indictment - written accusation against one or more persons of a crime presented by and preferred upon oath or affirmation by a grand jury Informal Adjustment - a type of disposition used primarily for first time offender which does not involve a court hearing

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Information - a formal accusation of crime differing from an indictment only in that it is preferred by the prosecuting officer instead of a by a grand jury (affidavit) Injunction - an order from the court directing an individual not to do some act In Re Gault - the decision by the US Supreme Court setting for the fact that all minors have the same constitutional rights as adults (except right to a trail by jury) Intake - section in juvenile court that makes preliminary investigations to determine how best to handle the case in the best interest of the child and community Interstate Compact - an agreement between the 50 states by which each states agrees under certain circumstances to accept probationers of other states for supervision Judge Pro Tempore - a judge for temporary service Mandate - court order directing an official or lower court to perform some act

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Parole - release from prison based upon good behavior but subject to administrative rules and regulations Petit Jury - a jury of 6 to 12 persons chosen to decide a case in court Petition - the legal document prepared by the juvenile court that sets forth the charge as it is statutes. Also a written order to the court for some type of actions; a complaint; a formal action Plea - the answer by the defendant of guilty or not guilty in a criminal case Post Mortem - after death Predispositional Report - contains recommendations for the care, rehabilitation and treatment of a child, participation of parents and financial liability; it is done when the juvenile goes to court Pre-sentence Investigation - a report prepared by the probation officer at the request of the court with information the judge may use in sentencing the defendant

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Prima Facie - the evidence which, when unexplained and uncontradicted, appears to be sufficient to establish a fact Preliminary Inquiry - an informal investigation into the facts and circumstances reported to the court Preponderance - greater weight of evidence: 51% Probation - the system of letting offenders go free; requires compliance with stated conditions or a conditional release from custody under supervision of the probation department Rap Sheet - the record of arrests of an individual Receiving State - state receiving probationer through use of the interstate compact for supervision of probation Recidivist - a repeat offender

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Split Sentence - a sentence whereby the court orders a convicted offender to serve a fixed term in jail or prison and later be released to a term of probation as a suspended portion of the total sentence Status Offender - acts of delinquency that are not crimes for adults Subpoena - a process to cause a witness to appear and give testimony before a court named therein at a time and place mentioned under penalty Summons - legal document issued by the clerk or other court officer notifying a person that a lawsuit or legal cause has been filed and the dates, hearing, and deadlines to respond; person is further required to respond. Suspension - (of sentence) to withhold the imposition or execution of a court- ordered sentence Testimony - a statement used for evidence Tolling Time - The time that elapses between filing a revocation and when judgment is imposed. Defendant does not receive credit for this time.

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Verdict - a decision of a jury in a civil or trial case, or an issue submitted for its judgment Waiver - giving up a right or claim, or refusal to accept a right Ward - a person, especially a child, who is legally under the control and protection of a guardian or of a court Warrant - writ or order giving authority to do something (search or arrest) Writ - an order issued by the court commanding that a certain act be done or not done What must the court consider for sentencing? (8) - Risk of Re-offense Nature & Circumstances of the Crime Defendants Prior Criminal History Defendants Character Defendants Condition

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List the Qualifications that make a juvenile a CHINS case (6) - Parents allows child to commit a sex offense Child is a victim of a sex offense Parent refuses to participate in a disciplinary hearing involving the child's improper behavior at school Child is missing Child's mental/physical condition is endangered due to an injury or omission Child's mental/physical condition is seriously impaired or endangered due to the inability, refusal, or neglect on the part of the parent Parties to a CHINS proceedings - Child Parent/Guardian Department of Family & Children Guardian Ad Litem Parties that can view a PSI Report - Defendant & Attorney Prosecutor Probation Department Community Corrections

answers

Department of Corrections Indiana Office of Court Services Is it possible for public access to juvenile criminal records? - Yes, they are available to the public. A petition must be filed & the act must have been:

• Murder or Felony
• An aggregate of 2 unrelated misdemeanor acts (12+ years old)
• An aggregate of 5 unrelated misdemeanor acts (under 12 years old) Murder Sentence - Term: 45 - 65 years (45 - Death) Advisoryy term: 55 years Fine: 10, Level 1 Felony Sentence - Term: 20 - 40 years Advisory term: 30 years Fine: 10, Level 2 Felony Sentence - Term: 10-30 years

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Can the Court suspend any part of a sentence for a felony? - Yes, the Court may suspend any part of a sentence for a felony with 5 exceptions Suspension of sentence for a Level 2 or 3 felony with a prior felony conviction - Court can only suspend part of the sentence above the minimum Unless it is a drug case, then the court can suspend any amount of the sentence. Felony Drug sentences are fully suspendable Suspension of sentence for second drug dealing conviction (not for marijuana) - Court can only suspend the part of the sentence about the minimum Second dealing controlled substances is NOT fully suspendable Suspension of sentence for dealing heroin - Court can only suspend part of sentence above the minimum Suspension of sentence for murder and level 1 felonies - Court can only suspend portion of the sentence above the minimum

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Suspension of sentence for juvenile record - certain juvenile felonies can make an adult conviction non-suspendable if less than 3 years have passed since juveniles' acts were committed List the terms of an intermittent sentence (4) - No more than 60 days & is served on weekends for 1 year No good time credit earned Served at the local jail or penal facility Includes length of imprisonment, confinement days & conditions of confinement Who are the parties to a CHINS proceeding? - Child Parent or Guardian Department of Family and Children Guardian Ad Litem Who can see a PSI? - Defendant and attorney Prosecutor Probation Department Department of Corrections