1. Conditions of Probation
But first, some final thoughts on the PSI

2. Final PSI thoughts Preparing the PSI Legal Issues Regarding the PSI
When
What
Legal Issues Regarding the PSI
Disclosure
Inaccuracies, hearsay, exclusionary
rule, Miranda rights, counsel

3. Imposing Conditions Judges have authority TYPES: Standard and Special
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

4. The Limits of Conditions
Conditions must be clear
Conditions must be reasonable
Conditoins must protect society or rehabilitate offender
Conditions must be constitutional

5. Length and Modifications
Judge sets length within legislatively proscribed windows
Lengthening and early termination also done by judges

6. Programs as Conditions of Probation
Traditional Model = Rehabilitation Programs
Still some emphasis on this (sex offender, anger management…)
Since the 1980s: Surveillance/Control
Prison time/boot camp/”shock probation”
Intensive Supervision
Electronic Monitoring
Fines, Fees and Restitution
Community Service
Drug Testing

7. 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