Addenda to Probation Violation Reports

Or is it addendums? Take your pick. Regardless, today’s post covers some of the issues that arise when a probation officer files an addendum to a probation violation report. I’ll start with this important point: there is no such thing as an addendum as a matter of statute. An addendum is, rather, a creation of probation policy (§E.0205(a)(11)), which describes it as the process for amending a violation or alleging additional violations after some have already been alleged, but before there has been a hearing on them. My general view is that an addendum is just a new violation. Nothing in the law exempts an addendum violation report from all of the ordinary requirements of notice and timeliness applicable to regular violation reports. For example, the timely filing of one violation does not provide a foot in the door allowing future violations to be alleged after probation expires. There is no addendum exception to the rule in G.S. 15A-1344(f) that violations must be filed (and file stamped) before expiration in order for the court to act on them. Probation policy notes this rule, stating flatly that “[i]f the offender’s period of probation has expired, new violations cannot be alleged.” §E.0504(b)(2). The probationer must also receive notice of the new violations at least 24 hours before any hearing at which the violations are to be considered. G.S. 15A-1345(e). A question that arises from time to time is whether a probationer may be arrested for a violation filed as an addendum to an [...]