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Probation Department - Adult Services

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1. What can I expect after I am sentenced to probation?

• After you leave court, the Probation Department is notified of your sentence and a case file will be opened.
• A probation officer will be assigned to supervise your case and will contact you via telephone or letter to inform you of your initial reporting date and time.
• Your probation conditions are in full force and effect beginning on your sentencing date.  
• Any changes in contact information, to include phone number and address, must be reported to the Probation Department immediately. 
• If you have any questions prior to your case assignment, call the Probation Department and ask to speak to a supervisor.

2. What can I expect at my initial reporting appointment?

1. You will review and sign your conditions of probation.
2. If applicable, a DNA sample will be collected.
3. You will sign referrals for any services mandated by your probation conditions.  
4. Releases will be completed for primary contacts, as well as any services providers who you are working with.
5. If applicable, you will be required to provide a urine sample to test for drugs and alcohol.
6. You will be required to bring the following documentation to your initial reporting:
   • Verification of residency
   • Verification of employment/disability
   • Vehicle information (title, registration and insurance)
   • Verification of health insurance
   • Name/contact information for PCP and treatment providers
   • List of prescription medications
   • Photo identification
   • Contact information for primary contact

3. What do I do if I am sentence to probation but live in another county?

• Contact Transfer Designee, Liz Laney (585)243-7190 or elaney@co.livingston.ny.us
  1. The transfer process will take approximately 60 days.  You will be required to report by telephone or email on a weekly basis until your case is accepted in the receiving county.
  2. During the transfer process, you are required to immediately report any change in address, phone number, or police contact.

4. What do I do if my conditions of probation include electronic monitoring?

• Report to the Probation Department immediately upon sentencing unless otherwise instructed.  If sentenced in justice court, call Probation the next business day and ask to speak to a supervisor.
  1. A probation officer will determine which type of device you will be monitored by unless specified by your sentencing Judge.
  2. Types of devices include: GPS, alcohol monitoring, and home confinement.
  3. Cost is $5.00 - $7.00 per day

5. What do I do if my sentence includes intermittent incarceration?

Contact the Livingston County Jail at (585)243-7180 or report in person to determine requirements.

6. How do I contact my Probation Officer?

You may reach your Officer via telephone at (585)243-7190 or by email.

7. How often will I have to report to probation?

The frequency of your reporting will be determined by your risk level and your compliance with probation conditions/directives.  Expect to report weekly for at least the first four weeks after your initial reporting appointment.

8. What should I NOT bring to my appointment with my Probation Officer?

• You will be asked if you are carrying any weapons or prohibited items and you may be searched so you should not bring the following:
  1. Drugs and/or Paraphernalia
  2. Firearms
  3. Knives
  4. Box-Cutters
  5. Multi-Tools
  6. Aerosol Defense Spray
  7. Any item Carried with the Intent to Bring Harm to Another Individual
  8. Any Weapons Determined to be Contraband, Dangerous, or Unnecessary
  9. Recording Devices or Camera Cell Phones ( All regular cell phones must be turned off)
  10. Children and/or friends

9. Do I have to pay supervision fees?

If you are convicted of a DWI or DWAI, you are mandated to pay $30 per month in supervision fees for the duration of your probation sentence.   

10. Can I leave Livingston County while under probation supervision?

Your ability to travel will depend on your location destination/reason and your conviction. Day trips out of the county for work, medical, and other necessities is appropriate. If traveling within New York State overnight, you will need to obtain verbal permission from your Probation Officer.  If you plan to travel out of state, you will require a written travel pass, which must be requested at least five (5) business days in advance of your trip.  

11. Do I have to report police contact even if I am not arrested?

Yes.  You must report any and all contact with law enforcement to your Probation Officer.  

12. Can I take prescription medications?

Yes, as long as they are prescribed by a physician and taken in the prescribed dosage.  You will be expected to provide regular verification of your prescriptions and may be subjected to a medication count if needed.

13. What are the general conditions of probation?

The term "General Conditions of Probation" means specific supervision requirements prescribed by the court as part of the probation disposition to assist the probationer in leading a law-abiding life.

14. What is interim probation supervision?

When the court determines that a person is eligible for a probation sentence and the defendant agrees, the court may adjourn the sentencing for up to one year from the date of conviction by virtue of a defendant's plea or a finding of guilt and place a defendant under interim probation supervision. Please note that being placed on interim supervision does not guarantee a sentence to probation at the end of the interim period. In addition, if a defendant satisfactorily completes a term of interim probation supervision, he or she shall receive credit for the time served under the period of interim supervision toward any probation sentence that is subsequently imposed in that case.  Interim supervision may be terminated prior to the end of the term and may result in a sentence to incarceration based on the individual's performance while under interim supervision.

15. What is a split sentence?

Judges may sentence an offender directly to a term of probation or may impose a "split sentence" under which a period of incarceration at the beginning of the supervision period is a condition of the probation sentence. In any instance where a probationer is sentenced to a "split sentence" of straight incarceration, that probationer receives credit towards his/her MED (maximum expiration date) for any pre-sentence jail time served. It must be noted, any jail time on "split sentence" for a DWI/DWAI charge is served consecutively to the term of probation supervision. 

16. What is a violation of probation (VOP)?

A violation of probation can occur if you fail to follow your conditions or probation or you get arrested.  If a VOP is filed, you may be returned to Court to face violation proceedings, to include modification of conditions, resentencing to alternative programs, or revocation of your probation sentence, which could lead to a new sentence of jail or prison.

17. I am on probation for DWI or DWAI, how do I get my license back?

Direct all questions about relicensing to your probation officer. Courts in some counties may not allow DWI probationers to be relicensed while on probation. If relicensing is allowed, the probation officer will explain the requirements which you must complete. These requirements usually include the successful completion of a treatment program, up-to-date payments (of all fines, fees, and restitution), no re-arrests or convictions and a minimum length of time served on your probation period.  You may visit the NYS DMV for more information regarding DMV relicensing requirements after revocation. 

18. I am on probation for DWI, why have I been directed to put an Ignition Interlock Device (IID) on my car and why do I have to pay for it?

1. New York State law requires ignition interlocks to be installed at your expense in your car if you have been convicted of DWI for the second time within five years. You may be required to install the interlock on your car or the car that you have been driving even if it is owned by someone else. People who have been convicted more than once for DWI are more at risk for drinking and driving without a license. The ignition interlock is installed to protect the public.
2. You have 10 business days from your date of sentence to install an IID on any vehicle you own or operate, regardless of your license status. Probation can provide you with information on how to schedule installation. 

19. I am on probation for DWI and I do not drive. Why can't I consume alcohol?

If you are on probation for DWI you will have a condition of probation which requires abstinence from alcohol and other illegal drugs. Abstinence is required not only to prevent you from drinking and driving while on probation but also to assist you in rehabilitation. The probation officer will test you for use of alcohol and other drugs.

20. How do I do web or online reporting (Ce Check -In)?

Online Web Reporting can be found here: https://www.cecheckin.com/client/account/signin

For instructions, please refer to the Ce Check-In Handbook you were given by your PTS Officer or assigned Probation Officer. 

21. What if I forgot my PIN for Ce Check-In?

Your PIN can be acquired from your Assigned Probation Officer or your PTS Officer.

Or, you can refer to the Ce Check-In Handbook given to you at the time Ce Check-In was set up. 

22. How are sex offenders classified?

• There are three levels, based upon an offender's risk of committing another sex crime and harm to the community: Level 1 (low), Level 2 (moderate), and Level 3 (high).
• As a general rule, the sentencing court will determine an offender's risk level at the time of sentencing (in probation cases) or at the time of release from custody (in jail or prison cases).
• When an incarcerated offender is set to be released into the community, the Board of Examiners of Sex Offenders will evaluate the case and provide a risk level recommendation to the court. The court will hold a risk level hearing and assign a level to the offender prior to release. The risk level determines how much information can be provided to the community.
• There are also three designations that may be assigned to a sex offender: sexual predator, sexually violent offender, or predicate sex offender. These designations, along with risk level, govern the length of time that an offender must register.

23. What are my basic requirements while required to register with the New York State Sex Offender registry?

• Report annually where they live by signing and returning an annual verification form to DCJS within 10 days after receiving it.
• Notify DCJS in writing of a new address no later than 10 days after moving.
• Report in person to a local police agency to have a current photograph taken every three years (Level 1 and 2 offenders) or every year (Level 3 offenders)
• Notify DCJS in writing of any institution of higher education they are attending, enrolled, living or employed. Any change in status must be reported to DCJS no later than 10 days after the change.
• Provide in writing Internet service providers, Internet screen names and e-mail accounts.
• Level 3 offenders and offenders with a sexual predator designation must personally verify their addresses every 90 days with law enforcement. Law enforcement may at that time photograph a level 3 offender if that offender’s appearance has changed.
• For a complete list of requirements, the statute may be found on the New York State Senate website - New York Laws, Corrections Law 168. https://www.criminaljustice.ny.gov/nsor/claws.htm#f

24. Can I get an Early Discharge if I am on probation for a sex offense?

No, you must serve the entire duration of your probation sentence.