Chapter 07 - PROBATION AND PAROLE

Sections:

47.0701 Conditions of probation for perpetrator convicted of crime involving domestic or family violence—Required reports by probation department.

47.0702 Conditions of parole for perpetrator convicted of crime involving domestic or family violence—Required reports by parole board.

 

47.0701 Conditions of probation for perpetrator convicted of crime involving domestic or family violence—Required reports by probation department.

(a)  Before placing a perpetrator who is convicted of a crime involving domestic or family violence on probation, the court shall consider the safety and protection of the victim of domestic or family violence and any member of the victim’s family or household.

(b)  The court may condition the suspension of sentence or granting of probation to a perpetrator on compliance with one or more orders of the court, including but not limited to:

(1)  Enjoining the perpetrator from threatening to commit or committing acts of domestic or family violence against the victim or other family or household member.

(2)  Prohibiting the perpetrator from harassing, annoying, telephoning, contacting, or otherwise communicating with the victim, directly or indirectly.

(3)  Requiring the perpetrator to stay away from the residence, school, place of employment, or a specified place frequented regularly by the victim and any designated family or household member.

(4)  Prohibiting the perpetrator from possessing or consuming alcohol or controlled substance.

(5)  Prohibiting the perpetrator from using or possessing a firearm or other specified weapon.

(6)  Directing the perpetrator to surrender any weapons owned or possessed by the perpetrator.

(7)  Directing the perpetrator to participate in and complete, to the satisfaction of the court, a program of intervention for perpetrators, treatment for alcohol or substance abuse, or psychiatric or psychological treatment.

(8)  Directing the perpetrator to pay restitution to the victim.

(9)  Requiring the defendant make payments to a battered women’s shelter, up to a maximum of two thousand dollars ($2,000).

(10)  Imposing any other condition necessary to protect the victim of domestic or family violence and any other designated family or household member or to rehabilitate the perpetrator.

(c)  The perpetrator shall pay the costs of any condition of probation, according to ability.

(d)  The Court shall establish policies and procedures for responding to reports of nonattendance or noncompliance by a perpetrator with the conditions of probations imposed pursuant to subsection (b).

(e)  The probation department shall immediately report to the court and the victim any assault by the perpetrator, the perpetrator’s failure to comply with any condition imposed by the court or probation department, and any threat of harm made by the perpetrator.

 

(f) The probation department shall establish policies and procedures:

 

(1)  For the exchange of information concerning the perpetrator with the court and the victim; and

(2)  For responding to reports of nonattendance or noncompliance by the perpetrator with conditions imposed pursuant to subsection (b).

 

History:  2004, PL 28-16.

 

47.0702 Conditions of parole for perpetrator convicted of crime involving domestic or family violence—Required reports by parole board.

(a)  In additions to other conditions imposed on a perpetrator convicted of a crime involving domestic or family violence, the parole board or other designated authority may impose any condition of parole upon the perpetrator necessary to protect the safety of the victim and family or household members of the victim, including but not limited to the conditions provided for in section 47.0701(b)(1)(10).

(b)  The perpetrator shall pay the costs of any condition of parole, according to ability.

(c)  The parole board or other designated authority shall report to the court and the victim any assault by the perpetrator, the perpetrator’s failure to comply with any condition imposed by the parole board or other designated authority, and any threat of harm made by the perpetrator.

(d)  The parole board or other designated authority shall establish policies and procedures:

(1)  For the exchange of information concerning the perpetrator with the court and the victim;

(2)  For the protection and safety of the victim, including the release of a perpetrator in a jurisdiction other than where the victim lives; and

(3)  For responding to reports of nonattendance or noncompliance by the perpetrator with conditions imposed pursuant to subsection (a).

 

History:  2004, PL 28-16.