Transcript Conditions of Probation

Conditions of Probation
But first, some final
thoughts on the PSI
Final PSI thoughts
• Preparing the PSI
• When
• What
• Legal Issues Regarding the PSI
• Disclosure
Inaccuracies, hearsay, exclusionary
rule, Miranda rights, counsel
Imposing Conditions
• Judges have authority
• Legislature may set “general” conditions
• Even here, judges can decline to impose
them
• HUGE LEVEL OF DISCRETION
• Taylor conditions to individual
• TYPES: Standard and Special
The Limits of Conditions
• Conditions must be clear
• Conditions must be reasonable
• Conditoins must protect society
or rehabilitate offender
• Conditions must be
constitutional
Length and
Modifications
• Judge sets length within
legislatively proscribed
windows
• Lengthening and early
termination also done by judges
Programs as Conditions
of Probation
• Traditional Model = Rehabilitation
Programs
• Still some emphasis on this (sex offender, anger
management…)
• Since the 1980s: Surveillance/Control
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Prison time/boot camp/”shock probation”
Intensive Supervision
Electronic Monitoring
Fines, Fees and Restitution
Community Service
Drug Testing
Effectiveness of
Conditions
• Drug Testing as an Example
• Random Drug Testing
• Difficulty for the Offender
• Cost to Probation Department
• Drug testing “games”
• What do you do with Positive tests?
• Revoke? Expensive, “Unwarranted?”
• Warn? Puts PO in bad position