Notification of Violations.

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We encourage citizens to report violations of the conditions by probationers. Although probationers' due process rights are somewhat limited, violations that are reported to the courts must have a basis in fact. Reports of law violations should be made with the appropriate law enforcement agency, whose personnel will investigate the complaint. For example, allegations of domestic violence, theft, driving while intoxicated, burglary, drug possession or sales, and any other law violation would be investigated by the appropriate law enforcement agency, such as the Brazos County Sheriff's Department [(979) 361-4100], the Bryan Police Department [(979) 361-3888], or the College Station Police Department [(979) 764-3600]. For any emergency, dial 9-1-1.

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The results of police investigations of probationers are passed on to the community supervision officer. If the police agency determines the case should be pursued, the judge who placed the offender on community supervision will be notified. Community supervision officers do not have the power to arrest probationers except in the very limited circumstance of a direct order from a judge, and the appropriate paperwork must first be filed with that judge. Violations must be reported to the judge in the appropriate format, the prosecutor must have a chance to review the violations and recommend to the judge that action be taken, and the judge then determines whether to take action on the violations. If action is taken, a summons is issued for the probationer to appear in court to answer to the violations, or a warrant is issued for the same purpose, after which a police officer will arrest the offender. See the Definitions section for a discussion of revocation.

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Violations that do not involve breaking the law are investigated by the community supervision officer, and if it is determined that a violation likely occurred, the officer will present the information to the prosecutor and judge, as discussed above. An example is allegations of drug use. The officer will look for corroborating evidence, such as an arrest for drug possession, a positive urine screen, or an admission by the offender of drug use before the violation is reported to the court. Another example is an allegation of a probationer falsifying community service hours. The officer investigates the complaint with the community service agency, and reports the results of the investigation to the prosecutor and judge. A third example is an offender who is reportedly missing class after being ordered by a judge to attend school. The officer contacts school authorities to verify class attendance, and if the allegation is true, that information is brought to the prosecutor and judge's attention. The community supervision officer recommends action that may be taken by the judge, but the final decision on that action rests with the judge who originally sentenced the offender.

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