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Looking at the Law: Enforcing the "Association" Condition

NCJ Number
162829
Journal
Federal Probation Volume: 59 Issue: 4 Dated: (December 1995) Pages: 76-80
Author(s)
D N Adair Jr
Date Published
1995
Length
5 pages
Annotation
The association condition, which prohibits a released offender from associating with certain other persons or classes of persons, is discussed with respect to how probation officers can enforce it more effectively, as well as special conditions that more specifically limit association and that may be appropriate for certain offenders.
Abstract
Standard and special association conditions can be extremely useful in supervision, but lack of understanding of the limitations on their enforcement, the vagueness of the standard condition, and the intrusiveness of many special conditions has resulted in reluctance to enforce them strictly. One of the most effective ways to enforce the association condition is for the probation to give the offender more specific instructions regarding what persons or groups the offender should avoid. These persons or groups must fit within the definition of the condition imposed by the court, but the probation officer's instructions are binding if they are consistent with the condition. In situations in which the court or the probation officer can predict that particular individuals, whose identity is not known at sentencing, will offer particular temptations and opportunities to the offender, the court may specify that the probation officer is authorized to designate prohibited contacts. Restrictions can also relate to certain locations or employment. Overall, probation officers should recognize that they have the authority to supplement the conditions with instructions that make them useful and effective supervision tools. Notes