Model Policy on Probation Period Limits

Summary

This policy puts a cap on the amount of time a defendant convicted of a crime can be sentenced to a period of probation.

Model Policy on Probation Period Limits

Model Policy on Probation Period Limits

Section 1. In imposing an order of probation, the court shall specify at the time of sentencing the length of any term during which the defendant is to be supervised, and that the term of probation may be continued, extended, or terminated.

Section 2. The total probation period may not exceed the following:

  • for a misdemeanor offense, two years;
  • for a felony offense, five years;

Section 3. Notwithstanding the maximum periods of probation which may be imposed, a court may extend a defendant’s term of probation for up to one year if it makes a finding on the record that:

  • The defendant has repeatedly and willfully failed to comply with court ordered treatment programming;
  • The defendant has violated terms of probation as it relates to contact with the victim or victim’s family;
  • The defendant has been willfully noncompliant with restitution orders and the court determines that extending the term would be more effective than other remedies, including converting the restitution order to a civil judgment, in ensuring that the remaining amount owed is fully paid.

Section 4. For each full calendar month of compliance with the conditions of probation, probationers may earn credits toward an earlier discharge. Credits may be earned as the following:

  • Earned credits equal to 15 days for every full calendar month served for compliance
  • An additional 10 days of earned credits for every full calendar month during which the probationer participated in a rehabilitative, educational, vocational, or otherwise pro-social program or activity, which will be approved by the department.

Section 5: No earned credits may be accrued for a calendar month in which a violation report has been submitted, the defendant has absconded from supervision, or the defendant has been arrested or is serving a term of imprisonment for a new crime.