Probation is a legal status that allows individuals convicted of a crime to serve their sentence in the community, under supervision, rather than behind bars. What probation can offer is an alternative to incarceration. But while on probation you can’t do certain things as probation comes with restrictions and conditions. In this blog post, we’ll identify 25 of the most common probation restrictions and requirements that you or others may experience during a probationary period.
What Can’t You Do While on Probation?
Here is my list of the 25 most common restrictions and requirements probationer’s will experience. While these restrictions may be frustrating or cumbersome, remember, probation beats incarceration!
1. Reporting to a Probation Officer
One of the fundamental requirements of probation is regular meetings with a probation officer. Offenders must provide updates on their activities and adhere to their probation officer’s guidance. In-person meetings may start with weekly meetings. Successful probationers will experience the frequency of required meetings gradually decrease.
2. Curfew
Many probationers are subject to curfews, requiring them to be at home during specific hours of the day. These restrictions will require probationers to shop or work during specific hours.
3. Drug and Alcohol Testing
Probation often involves mandatory drug and alcohol testing to ensure compliance with sobriety requirements. Probationers may experience testing as frequently as once per week.
4. No Possession of Weapons
Individuals on probation are typically prohibited from owning or possessing firearms or other weapons. Restrictions may also include archery equipment, tasers, hunting knives or night vision equipment. Restrictions may also prohibit these items from being anywhere within the residence where the probationer resides.
5. Travel Restriction
Travel may be limited, and probationers often require permission from their probation officer to travel out of the state or even within the same state. Probationers may also need to seek permission to own or possess a personal vehicle.
6. Employment Requirements
Probationers are usually required to maintain stable employment, or actively seek it, with proof provided to their probation officer. Probationers may be required to have their employer or potential employer speak with the probation officer prior to, and during, their employment.
7. No Contact Orders
Restraining or “no contact” orders may be imposed, preventing contact with certain individuals, especially victims or co-defendants.
8. Mandatory Counseling
Offenders may be mandated to attend counseling or therapy sessions, such as anger management, substance abuse counseling, parenting classes, or a sex offender treatment program.
9. Restitution Payments
Restitution orders require probationers to compensate victims for financial losses resulting from the offense. The probation officer may require proof that payments are being made. Defaulting on restitution payments may not be treated as automatic grounds for probation revocation. See Bearden v. Georgia, 103 S.Ct. 2064 (1983).
10. Community Service
Community service hours are often part of probation requirements, allowing individuals to give back to their communities. Probationers may be required to perform litter control, volunteer at food banks, or other community support organizations.
11. Random Home Searches
Probation officers may conduct unannounced home visits to check for compliance with probation conditions. Probation officers may look for items or evidence indicating the presence of weapons, computer equipment, alcohol or drug use, communications with prohibited individuals, pornography or romantic relationships. Probation officers will likely work with other law enforcement agencies when conducting residency searches.
12. GPS Monitoring
Some probationers are fitted with GPS ankle monitors to track their whereabouts. Such equipment may work in a manner which incorporates “electronic fences” to immediately notify the probation officer if incursion into a restricted area occurs.
13. Association Restrictions
Probationers may be prohibited from associating with specific individuals, such as known criminals. This usually prohibits probationers from all communication with anyone in a jail or prison and working or associating with others convicted of a crime. If an employer is known to hire probationers or other convicted felons, exceptions will usually be made to accommodate employment opportunities.
14. Educational Requirements
Completing educational courses, like GED programs, may be mandated for probationers without a high school diploma.
15. Employment Restrictions
Certain jobs or industries may be off-limits to probationers. Examples include jobs requiring access to sensitive information such as personal or credit card information. Probationers are often prohibited from working in bars or restaurants which serve alcohol, entertainment type establishments, or businesses which are frequented by minors including amusement parks or fast-food restaurants.
16. Stay-Away Orders
Offenders may be required to stay away from specific locations, such as schools, parks, shopping centers or places frequented by known victims or minors.
17. Payment of Supervision Fees
Probation often involves paying supervision fees to cover the costs of monitoring and support services. These expenses may be in excess of $250.00 per month.
18. Mandatory Court Check-Ins
In addition to probation officer check-ins, a probationer maybe required to check-in with court staff to ensure court compliance.
19. Attending Victim Impact Panels
Probationers may be required to attend victim impact panel meetings. These meetings allow probationers to hear firsthand accounts from individuals victimized through some form of criminal activity. This may include victims of physical or sexual abuse, identity theft, loss of a family member from a drug overdose, or the victim of a drunk driver.
20. Vehicle Searches
Probationers’ vehicles may be subjected to searches without a warrant or probable cause. These searches, like home searches, seek to verify compliance with the imposed conditions of probation.
21. Polygraph Testing
Probationers may be subjected to polygraph, or lie detector, tests. These tests help probation officers verify compliance with the terms and conditions of probation. Generally, the cost of these tests are included in the monthly fees paid by the probationer. However, if the probationer fails a test and believes the test results are inaccurate, the probationer is usually obligated to pay the cost of any retesting, if so desired.
22. Abiding by House Rules
Probationers living in group homes or halfway houses must adhere to specific house rules. House rules can require beds made daily, organized closets, no smoking, or the completion of assigned chores. While these are not terms of probation, halfway houses often work closely with probation officers. If house rule violations occur and a probationer is evicted, then the probationer is without a residence, which becomes the probation violation.
23. Compliance with Court Orders
Probationers must follow any court orders related to their probation. Probationers may be required to attend hearings wherein the court is provided a formal update regarding the conduct of the probationer.
24. Payment of Fines
Fines imposed by the court must be paid promptly. Probationers may be required to provide proof that court payments are being made.
25. Abiding by State Laws
Probationers must obey all state and local laws, as any new criminal charges can lead to probation violations. Probationers must also notify their probation officer regarding any police interaction. This includes any interaction even if the probationer is not the target of the police contact.
My Final Thoughts
Understanding these common probation restrictions is crucial for individuals placed on probation, as non-compliance can lead to probation violations and potentially result in probation revocation and subsequent incarceration. It’s essential for probationers to work closely with their probation officers to meet these conditions and successfully complete their probationary period.
Our book, The Colossal Book of Criminal Citations, has a section dedicated to criminal citations addressing the topic of Probation and Revocation. Our books are in stock, institution friendly, and ready for immediate shipping. Order your copy today or on behalf of someone who’s incarcerated.