file:crimpro_part1_vii_chklistii.htm

Checklist II

Steps From Receipt Of
Post-Sentence Investigation

Report To Issuance Of Probation Order

1. Examine and consider the probation officer’s post-sentence investigation
report upon receipt thereof, 252keeping
in mind the criteria for placing an offender on probation established in Sec. 8
of the Probation Law, to wit: that in determining whether an offender may be
placed on probation, the court shall consider all information relative to the
character, antecedents, environment; mental and physical condition of the
offender, and available institutional and community resources; and, that
probation shall be denied if the court finds that: (a) the offender is in need
of correctional treatment that can be provided most effectively by his/her
commitment to an institution; or (b) there is an undue risk that during the
period of probation, the offender will commit another crime; or (c) probation
will depreciate the seriousness of the offense committed.

2. Determine after such examination and consideration of said report whether
to deny or grant the application for probation, keeping in mind that the court
must resolve the said application not later than fifteen (15) days after
receipt of the post-sentence investigation report from the probation officer.
253

2.1 If you resolve to deny the probation
application, issue Order denying the application, setting forth a concise
statement of the reason/s for the denial.

2.2 If you resolve to grant the probation
application, issue Order (referred to in the Probation Law as the ‘probation
order’) 254granting the
application (see attached copy of such order for use as a guide in drafting the
probation order), keeping in mind the following particulars required by the
governing law, to wit: (a) that the probation order shall contain the following
mandatory conditions, namely: (1) that the probationer shall present himself to
the probation officer designated to undertake his/her supervision at such place
as may be specified in the order within 72 hours from receipt of said order;
and (2) that the probationer shall report to the probation officer at least
once a month at such time and place as specified by said officer; (b) that the
probation order shall state the period of probation; 255and (c) that the court may impose other
conditions provided the same are related to the rehabilitation of the
probationer and not unduly restrictive of his/her liberty or incompatible with
his/her freedom of conscience. 256

3. Issue probation order to the accused, at the same time informing him of
the consequences of said Order (such as, that the Order does not set aside or
otherwise do away with the judgment of conviction and that it merely suspends
the execution of the sentence to give way to the probation) and explaining that
upon his/her failure to comply with any of the conditions prescribed in the
Order or his/her commission of another offense, he shall serve the penalty
imposed in the said judgment. 257