Per Iowa Administrative Code, the district department shall establish conditions of probation which meet the approval of the chief judge of the judicial district, which apply to each person under probation supervision. 201 IAC 42.1(12). Therefore, the standard conditions of probation vary between different judicial districts.
In the 6th Judicial District, the standard conditions of probation include: obeying all laws, notifying a probation officer of any contact with law enforcement officials within 24 hours, submitting a written report of activities monthly or as often as the probation officer requires, securing permission from the probation officer before changing address, securing permission from the probation officer before changing or quitting a job, consenting to searches by any probation officer having reasonable grounds to believe contraband is present, submitting to urinalysis or breathalyzer testing upon request of a probation officer or official designee, actively cooperating in any evaluations, treatments, rehabilitation or monitoring programs, securing written permission from the probation officer before traveling outside Iowa, paying restitution, court-appointed attorney fees, court costs, surcharge and fines as ordered by the Court, not lying to, misleading or misinforming the probation officer, and not possessing, using, or transporting a firearm or other dangerous weapon if convicted of certain offenses. 6th Judicial District Policy 0402A-17.
Additional standard conditions of probation in the 6th Judicial District include not using or possessing illegal drugs or drug paraphernalia, abstaining from or limiting the use of alcoholic beverages, treating all persons with respect and courtesy, and not operating a motor vehicle without a valid driver’s license or permit. 6th Judicial District Policy 0402A-17.
c. Michigan: Per Michigan Administrative Code, each order of parole shall set the parole term and shall contain conditions of parole that are reasonably necessary to assist a parolee to lead a law-abiding life. Mich. Admin. Code R 791.7730(1). An order of parole includes the following conditions: payment of restitution, payment of a parole oversight fee and payment of any assessment. Mich. Admin. Code R 791.7730(3). Additional conditions may be included in the parole order and subsequent conditions may be added to the parole order upon approval by the chairperson of the parole board. Mich. Admin. Code R 791.7730(4).
Conditions of probation are set by the court that retains legal control over the probationer’s status. Michigan Statute outlines the standard conditions of probation. These conditions include: not violating any criminal law of Michigan, the United States, or another state or any ordinance of any municipality, obtaining consent of the court before leaving the state, reporting to the probation officer monthly or as often as the probation officer requires, and paying any supervision fee, restitution, assessment or other minimum state cost. MCL 771.3(1).
d. Minnesota: Minnesota Administrative Rule defines the standard conditions of parole or supervised release. The standard conditions of parole or supervised release include: keeping the supervising agent informed of residence and activities, notifying the supervising agent within 24 hours if arrested, submitting reports as required by the supervising agent, refraining from purchasing or otherwise obtaining or having possession of any type of firearm or dangerous weapon, obtaining the written permission of the supervising agent prior to leaving the state, and obeying Minnesota Statutes. Minn. Admin. Code 2940.2000(2)-(10).
Per Minnesota Statute, any court may stay imposition or execution of sentence and may place the defendant on probation with or without supervision and on the terms the court prescribes, including intermediate sanctions when practicable. Minn. Stat. 609.135(1)(a)(2). For certain types of offenses, there are standard conditions of probation. For example, for criminal sexual assault in the second degree, if the court stays imposition or execution of sentence, the court must include the following as conditions of probation: incarceration in a local jail or workhouse, a requirement that the offender complete a treatment program and a requirement that the offender have no unsupervised contact with the complainant. Minn. Stat. 609.343(3). Another example includes the standard conditions of probation for felony conviction. These standard conditions, set by Minnesota Judicial Council policy, include: following all state and federal criminal laws, contacting the probation officer as directed, notifying the probation officer within 72 hours if there is any contact with law enforcement, notifying the probation officer within 72 hours if there is a charge for another crime, notifying the probation officer within 72 hours if there is a change in address, employment, or telephone number, cooperating with searches by the probation officer, providing a DNA sample when directed, not possessing any firearms, ammunition, or explosives and not registering to vote until discharged from probation. Minnesota Judicial Branch Policy 522.
8. Summary of the factual data and analytical methodologies: The Department of Corrections has determined that the rule will not have a significant economic impact on a substantial number of small businesses since the rule does not regulate small businesses as that term is defined in s. 227.114, Stats. 9. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis: Not applicable.
10. Effect on small businesses: Not applicable.
11. A copy of any comments and opinion prepared by the Board of Veterans Affairs. Not applicable.
12. Agency contact person: Caitlin Washburn, Administrative Rules Coordinator, 3099 East Washington Avenue, P.O. Box 7925, Madison, WI, 53707-7925; by phone: (608) 240-5020; or by email: DOCAdministrativeRulesCommittee@wisconsin.gov. 13. Place where comments are to be submitted and deadline for submission: Written comments on the proposed rule will be accepted and receive consideration if they are received by January 12th, 2021. Written comments should be addressed to: Administrative Rules Committee, c/o Caitlin Washburn, DOC, P.O. Box 7925, Madison, WI 53707-7925, or by email: DOCAdministrativeRulesCommittee@wisconsin.gov.
TEXT OF RULE
SECTION 1. DOC 328.04 (3) (d) is repealed and recreated to read:
DOC 328.04 (3) (d) Participate in and comply with the requirements of programming recommended by the Department.
SECTION 2. DOC 328.04 (3) (j) and (k) are repealed.
SECTION 3. EFFECTIVE DATE. This rule takes effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22(2) (intro.), Stats. Date: Agency Head:
Jared Hoy, Deputy Secretary
Department of Corrections
