As Frank’s probation officer, what is Jerry’s obligation to the court?

Frank is a 26-year-old male who was court ordered to serve three years of probation for five counts of felony larceny over $500. The summary of the offenses, stated in the pre-sentencing report, indicates that Frank stole game systems and video games from five separate stores over an eight-month period. After the Police Department raided a storage unit based on a tip from an informant that the unit was used as a distribution center stolen goods, mainly electronics, the police arrested 7 adult males and charged them with receiving distribution of stolen merchandise. Information from one of these individuals led to the arrest of 22 additional males, separately charged with larceny and/or distribution. Serial numbers in the game systems were traced to stores from which they were stolen and included dates of theft. Information subsequently led to the questioning of Frank who, after waiving Miranda, confessed stealing the game systems as well as numerous video games and selling the items to others at the storage unit.

Frank dropped out of school during the 8th grade. Along with numerous extended family members, he worked in the fields during harvesting. Although he has citizenship in the US, many of his family members do not. The family usually relocates to Mexico during the winter months, returning for spring, summer, and the first part of fall for field work. They travel between several countries for available work. Frank has never lived away from his parents and siblings.

Information in the pre-sentencing report indicates that Frank’s public defender has asked for a psychological evaluation prior to sentencing because he suspected that Frank was developmentally disabled. Test results indicated that Frank has an IQ of 64. Thus, it is likely that he would encounter difficulties assuming the responsibilities of independent living. Frank’s mother indicated the Frank suffered an illness with a high fever over several days when he was 4 years old. Medical care was not sought. Frank’s mother states that the family looks out for him because he can’t look out for himself. She expressed a concern that other boys have always taken advantage of him, getting him into trouble by telling them to steal things they wanted.

The plea agreement that led to the sentence of probation included a condition that Frank attend a day treatment program for individuals with developmental delays. Other special conditions for probation include prohibiting Frank from associating with other known felon and frequenting liquor establishments.

Jerry has been assigned to be Frank’s probation officer. Although Jerry agrees with the basic premise of the probation conditions, he is concerned that having Frank attend a day reporting program will be difficult when the family depends on the work of all family members to earn a

living. In addition, the family’s lack of permanent residence is like the present difficulties in complying with this condition. However, Jerry explains a requirement to Frank and his mother and father and emphasizes the seriousness of the situation. He also arranges for Frank to start the day treatment program that will transport him to and from his home to the program location every day.

One or both of Frank’s parents bring him to the probation officer reporting as required. Urine screens indicate no alcohol or illegal drug use. After supervising Frank’s probation for 2 months and checking with the case manager at the day treatment program, Jerry determines a Frank is doing well in the program, complying with all the rules, and participating in the small appliance repair training program. Jerry feels more positive of Frank’s chances to be able to fulfill his probation conditions successfully.

Four months into Frank’s probation, Jerry gets a call from the case manager at the day treatment program, informing him that Frank is not attended the program for the past 3 days because he is reportedly ill. When Jerry goes to the family’s residence to inquire about Frank’s illness, he discovers that the parents have not seen Frank for 5 days. They allegedly have no idea where he has gone. After questioning the mother for more information, Jerry discovers that Frank told his mother that people were making fun of him on the transport bus and at the program and that he didn’t want to go to the program anymore. The parents tell Jerry that they did not call him to report Frank’s disappearance because they did not want to get him into trouble with the court. They further report their concern that Frank may be hanging out with people who will get him into trouble. However, they claimed not to know who that might be or where to find Frank. They go on to say that they plan to leave the area soon and will leave without Frank if he does not return home by the following week.

 

Answer the following questions.

As Frank’s probation officer, what is Jerry’s obligation to the court?

Do you think that Jerry’s responsibility extends to trying to locate Frank? If Frank returns home and reports in with his parents to Jerry’s office within the next 3 days, how should Jerry deal with Frank’s failure to attend the day reporting program?

Should Jerry file a probation violation report because Frank is not attending the program? If Jerry has already notified the court of Frank’s failure to comply with probation conditions for attendance of the day reporting program, should Jerry recommend that Frank be continued on probation, or should Jerry recommend that Frank’s probation be revoked?

Explain your answers.

 

The body of your paper is to be a minimum of three pages.

Title page and reference page are separate.

Information from your text and at least one outside source should be incorporated into your paper. 

 

 

Case study adapted from:

Peat, Barbara. (2011).  Case studies in Corrections. Durham. Carolina Academic Press. ISBN 978 – 1 – 59460 – 823 – 0