NCJ Number
217436
Journal
Federal Probation Volume: 70 Issue: 3 Dated: December 2006 Pages: 37-41
Date Published
December 2006
Length
5 pages
Annotation
This article examines recent trends in case law that address the extent to which probation, parole, and other community-supervision personnel may impose additional or modified conditions of supervision.
Abstract
The Federal and State court cases reviewed show that the root of this problem is the extent to which the probation officers' instructions or directives require the defendant to adhere to new supervision requirements without receiving reasonable prior notice. Too many restrictions on the supervising officer's discretion would impede his/her ability to respond to changing conditions in an offender's circumstances. On the other hand, the courts must retain their constitutional and statutory sentencing role. Correctional personnel should not be granted the power of essentially revising sentencing conditions. Some middle ground must be defined. Guidance is provided by the following cases: Holterhaus v. State, 417 So.2d 291 (Fla, App., 1982); and Dordell v. State, 850 A.2d 302 (Delaware Sup.2004). Based on these cases, this article recommends a procedure for any circumstance in which the corrections agent gives formal instructions to an offender and plans to impose modified conditions of supervision. First, all instructions from the corrections agent to the offender should be thoroughly documented. Further, adequate measures should be taken to ensure that the offender understands these instructions. The authors recommend using acknowledgment forms that detail the instructions and the reasons for their imposition. Second, if the instructions impose new and different "conditions," the offender should be informed that his/her "acceptance" of the new condition is temporary, pending the exercise of his/her right to have the new condition reviewed by the sentencing court.