PURPOSE OF ORDER
The purpose of this order is to clarify the responsibility of the Probation Department regarding compliance searches and supervision of Post Release Community Supervision (PRCS) (AB109 and AB117) probationers. It has also established a procedure for documenting notifications before conducting Pre-Planned Probation Compliance Searches.
SCOPE OF ORDER
This order applies to all sworn Bureau personnel.
BACKGROUND
In July 2012, following an approved motion by the Los Angeles County Board of Supervisors, the Probation Department was assigned responsibility for the supervision and rehabilitative services of all adult probationers. Compliance and accountability rest with the Probation Department.
Law enforcement agencies, including the Los Angeles County Sheriff's Department, were tasked with collaborating with the Probation Department to ensure probationer compliance while maintaining public safety. As part of this collaboration, law enforcement is required to make an appropriate notification to probation personnel before conducting a Pre-Planned Probation Compliance Search.
ORDER
Pre-Planned Probation Compliance Searches
Before conducting a Pre-Planned Probation Compliance Search, notification to the Probation Department is required. This requirement applies only to Pre-Planned Probation Compliance Searches. The notification requirement is met when contact is made with:
A Deputy Probation Officer (DPO) familiar with the case being investigated,
A DPO embedded with your team/station,
The DPO of record.
The notification must be documented in the Notifications section of the operations plan prepared before the compliance search.
SEARCH WARRANTS
Notification to the Probation Department or any other compliance entity is not required serving a search warrant. Additionally, notification is not required under the following circumstances:
An active in-progress investigation,
Established search conditions exist.
The compliance search is necessary to further a criminal investigation.
COMPLIANCE SEARCHES
Compliance searches remain a valuable tool in furthering criminal investigations. A simple notification to the Probation Department is sufficient to avoid any potential long-term limitations or ramifications regarding this investigative asset.