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Probation

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1. What hours is the Madison County Probation Department open?

Regular business hours are Monday through Friday from 8:00 a.m. to 4:00 p.m., except for Holidays.

2. Where is the Madison County Probation Department located?

We are located on the first floor of the Veteran's Memorial Building Number 2, North Court Street, Wampsville, New York.

3. What is the difference between probation and parole?

Probation is a sentence imposed by a criminal or family court. In general, probationers are released in the community without serving a period of incarceration, although in certain circumstances, they may be sentenced to both local incarceration as well as probation. Probation is administered in individual counties in New York State or, in New York City, by city government.

Parole is community supervision that follows a term of incarceration in a state prison. These offenders are supervised by parole officers. Parole is a function of New York State government.

4. How long is a probation sentence?

The length of a probation term is determined by New York State Law and depends on the offender's conviction. 

5. What is a split sentence or shock probation?

Judges may sentence an offender directly to a term of probation or may  impose a split sentence under which a period of incarceration at the beginning of the supervision period is a condition of the probation  sentence.

6. What is PINS?

A Person in Need of Supervision is a person less than 18 years of age who does not attend school in accordance with the education law or who is incorrigible, ungovernable, or habitually disobedient and beyond the control of a parent or other person legally responsible for the child, or who possesses or uses illegal or controlled substances.

7. How do I file a PINS petition on my child?

In Madison County, the Department of Social Services deals with all PINS and PINS diversion related matters. That department can be reached at 315-366-2548.

8. What is an offender sentenced to probation required to do?

Most probationers are required to maintain law-abiding behavior, report for supervision and answer reasonable inquiries by the probation officer. Additionally, depending on the individual circumstances, probationers may be required to: attend substance abuse, mental health, sex offender or other types of counseling; remain abstinent from alcohol and drugs; submit to drug and alcohol testing; abide by a curfew; pay restitution; remain employed or in school; maintain a stable residence, or abide by other conditions related to their rehabilitation.

9. What happens if a probationer violates the terms of probation?

Many factors are considered when a probationer violates the terms of supervision, including the seriousness of the violation and the history of the offender. Sanctions, generally imposed by the sentencing judge, can range from increased supervision to incarceration.

10. How do I report that someone is violating the terms of their probation sentence?

If that individual is supervised by the Madison County Probation Department, the officer supervising that probationer should be notified at 315-366-2351. Please be aware that much of the information pertaining to an offender's term of supervision is confidential and cannot be shared with the individual making the complaint. Additionally, if the complaint is related to the commission of a new crime, a report should be made directly to the police as they are able to respond most quickly.

11. Do probationers have to pay for probation services?

Currently Madison County does charge offenders a DWI supervision fee.

12. I'm on probation for DWI. How do I get my license back?

Questions regarding relicensing should be directed to your probation officer.

13. Who must register with the NYS Sex Offender Registry?

Anyone convicted of a designated sex offense must register. After conviction, a letter will be sent from the New York State Division of Criminal Justice Services which explains registration responsibilities. Failure to register as required is a felony-level crime.

14. What is a Certificate of Relief from Disabilities?

A Certificate of Relief restores most of the rights that are lost due to a felony conviction.

15. How can I obtain a Certificate of Relief from Disabilities?

If you were not granted a Certificate of Relief at the time of sentencing, and have not served time in a state prison, then a Certificate of Relief must be applied for from the sentencing court. If you did serve time in a state prison, then you must apply through the NYS Board of Parole.

16. How do I make restitution payments?

Payments can be made in person at the Madison County Probation Department Monday through Friday from 8:00 a.m. to 4:30 p.m. or can be mailed to the department at P.O. Box 23, Wampsville, NY 13163. Acceptable forms of payment are money order or certified check. Credit or debit cards are also accepted, either online or by calling: 888-604-7888 (Pay Location Code 6373). There is a fee to pay by credit or debit card.

17. I have not received restitution payments ordered by the court. Who do I contact?

You may inquire at the probation department either in person or by calling 315-366-2351.

18. How do I file for an Order of Protection?

If you are requesting an Order of Protection through Madison County Family Court and need help filling out the petition, a probation officer at the Madison County Probation Department will assist you in completing the necessary paperwork. An officer is available for this purpose Monday through Friday from 8:00 a.m. to 3:00 p.m.

After the paperwork is completed, it is forwarded to the Family Court. In most instances, the petition will then be heard by a judge of the Family Court. Please be aware that if you are requesting an Order of Protection on an emergency basis, you will be expected to wait to be seen by the judge. Consequently, you should allow several hours for this process to be completed. Additionally, only petitions through the Family Court can be sought through the probation department.

See Intake Services for a list of individuals permitted to initiate a family offense proceeding. In all other situations, an Order of Protection must be sought through the local criminal court.

19. What is the difference between restitution and a fine?

A fine is a monetary penalty ordered by the Court, payable to the Court or at the Madison County Clerk's office as ordered. Restitution is compensation to a victim as ordered by the Court, payable to the Madison County Probation Department for dispersal to the victim or victims.

20. Where do I pay my DNA fee?

DNA fines may be paid at the Madison County Clerk's office unless otherwise ordered by the Court.

21. I have to submit my DNA. What do I do?

Contact the Madison County Probation Department for further information.