Q: can my husband go to jail if he didnt pay probation

A: see judiciary website See Probation – Adult Violation of Probation (VOP) Guidelines and

Procedures

ADMINISTRATIVE OFFICE OF THE COURTS

STATE OF NEW JERSEY

PHILIP S. CARCHMAN, P.J.A.D. RICHARD J. HUGHES JUSTICE COMPLEX

ACTING ADMINISTRATIVE DIRECTOR OF THE COURTS P.O. Box 037

TRENTON, NEW JERSEY 08625-0037

TO: Assignment Judges

Trial Court Administrators

FROM: Philip S. Carchman, P.J.A.D.

SUBJECT: Probation – Adult Violation of Probation (VOP) Guidelines and

Procedures

DATE: April 7, 2008

This Directive promulgates for immediate use revised Adult Violation of

Probation Guidelines and Procedures, as approved by Judicial Council on

February 27, 2008. These revised guidelines and procedures, which supersede

the 1999 Violation of Probation and Revocation Process policy, were

necessitated by a number of statutory and policy changes as detailed below.

These revised VOP Guidelines and Procedures contain the following

significant changes from the 1999 policy:

1. Addition of language describing the circumstances under which a

VOP should be filed when a probationer has been charged with a

3rd or 4th degree crime (page 4, Guideline #1B);

2. Clarification regarding the response to a positive drug test,

specifically, to indicate that there must be a response, while at the

same time recognizing that there must be flexibility to account for

the probationer’s particular circumstances (page 8, Condition #8);

3. Clarification that failure to surrender either a permit to purchase a

handgun or a firearms purchaser identification card constitutes a

violation of probation (page 9, Condition #11);

4. New guidelines for refusal to submit to DNA testing, a statutory

condition of probation that was not in effect at the time the 1999

VOP policy was adopted (page 10, Condition #13);

5. Addition of language to address the Supreme Court’s determination

in State v. Nellom, 178 N.J. 192 (2003) of what constitutes commencement of a VOP for purposes of tolling a probation term

(pages 13, Procedure #7);

6. Stating clearly that it is the prosecutor’s obligation to prosecute

VOP matters, as described in Directive #04-06, and that

appropriate notifications now include a new standard memorandum

to the prosecutor (pages 13, Procedure #7);

7. Addition of procedure and form to reflect that probationers are

subject to the Interstate Compact for Adult Offender Supervision

(page 15-16, Procedure #15);

8. Addition of language regarding “prior service credit” added to the

jail credit guidelines (page 18);

9. Addition of guidelines, along with a form, regarding the

probationer’s obligation to inform the court about the need for

alternative care for any dependents if the probationer is to be

incarcerated (page 20).

The revised Adult Violation of Probation Guidelines and Procedures will be

posted on the Infonet and will be incorporated into the Probation Supervision

Manual as Section 5300. The forms appended to the guidelines also will be

available through the Judiciary InfoNet’s Forms ClearingHouse and Repository.

Questions regarding this Directive and the underlying policy may be

directed to Robert Sebastian, Assistant Director, Probation Services Division, at

609-292-1589.

As Approved by the Judicial Council