Probation, parole and supervised release all mean being supervised by a corrections officer. Some people call this being “on paper.” If the Probation Officer thinks you have violated, he files a violation report specifying which terms and conditions are violated. Often the defendant is arrested and held in custody pending the probation revocation hearing. Generally, the original sentencing judge presides over the probation revocation hearing in Mississippi.
Below are customary conditions of probation:
- Commit no offense against the laws of this or any other state of the United States, or any federal, territorial or tribal jurisdiction of the United States;
- Report to the probation or parole officer as directed;
- Permit the probation or parole officer to visit him at home or elsewhere;
- Avoid injurious or vicious habits;
- Avoid persons or places of disreputable or harmful character;
- Remain within the State of Mississippi unless authorized to leave on proper application therefor;
- Support dependants;
- Abstain from drinking alcoholic beverages of any kind or character and abstain from using narcotic drugs of any kind unless prescribed by a licensed physician and then only as prescribed;
- Waive extradition to the State of Mississippi from any jurisdiction in or outside of the United States where Defendant may be found and the defendant will not contest any effort by any jurisdiction to return Defendant to the State of Mississippi;
- Pay to the Mississippi Department of Corrections monthly supervision fees by certified check or money order until discharged from supervision;
- Submit to any type of breath, saliva or urine chemical analysis test, the purpose of which is to detect the possible presence of alcohol or a substance prohibited or controlled by any law of the State of Mississippi or the United States;
- Attend and complete any special program or counseling as directed by the Court or the supervising officer, and pay any fees as required for services; and
- Not possess any type of weapon.
In addition to the above standard terms and conditions of probation, the court may impose any other appropriate conditions. For example, no casinos, no contact with the victim or potential victims, known criminals or co-defendants and alcohol and drug counseling and treatment. Read your probation order carefully.
Even if the judge finds that probation was violated, the court has discretion to impose a wide range of remedies and sanctions. Depending on how serious the probation violation is, the judge could still reinstate probation with additional conditions. If the violation is serious, the judge could impose the original suspended sentence. Intermediate remedial actions such as alcohol and drug testing, rehabilitation, psychological testing, community service, or restitution center may be available. The maximum Mississippi probation is 5 years. The maximum post release supervision is 5 years with the balance being unsupervised.
House arrest, also call the Intensive Supervision Program (ISP) or home detention, is electronic monitoring. House arrest can be monitored by a traditional phone line or GPS which signals the Defendant’s location. The Defendant is allowed to go to work but otherwise remains at home and subject to a strict curfew. House arrest is considered the functional equivalent of incarceration. Any violations of House Arrest are heard before the Mississippi Department of Corrections and not the judge. Federal probation is similar but the terms and conditions, and any revocation of supervised release are handled according to federal law.
If you or a loved one face a probation revocation, call today for an appointment.