Probation Conditions (H 7844, S 2586)

In June, the House passed legislation allowing the Department of Corrections to modify the terms of a person’s probation at any time, and for any reason. In March and April, the ACLU testified before the House and Senate Judiciary committees, respectively, that such legislation raises serious constitutional concerns. An individual who accepts a plea deal anticipating one set of conditions and is then given a completely different set of conditions months or even years later is denied a full understanding of the provisions of their sentence, raising serious concerns that a person’s sentence is essentially increased after the fact. Unfortunately, the Senate approved the legislation ten days later.