(a) (1) The Department may adopt standards concerning the conditions of probation or suspension of sentence which the court may use in a given case. (2) The standard conditions apply in the absence of any other specific or inconsistent conditions imposed by the court under this subsection. (3) The presentence report may recommend conditions to be imposed by the court. (4) Nothing in this chapter limits the authority of the court to impose or modify any standard or special conditions of probation or suspension of sentence. (5) The Department may recommend and, by order, the court may impose and may at any time order modification of any conditions of probation or suspension of sentence. Before any conditions are modified, a report by the Department must be presented to and considered by the court. (6) The court shall cause a copy of any order to be delivered to the Department and to the individual on probation. (7) Unless the offense for which an individual on probation is sentenced mandates specific conditions, a court, Board of Parole, or probation and parole officer shall presumptively impose the least number of special conditions, and least restrictive special conditions of supervision, necessary to achieve the goals of supervision. a. A special condition imposed may not be more restrictive than reasonably necessary to achieve the goals of supervision or address criminogenic needs. b. Before imposing a special condition, the court, Board of Parole, or probation and parole officer must consider whether the special condition is more restrictive than reasonably necessary to achieve the goals of supervision. c. A special condition must be reasonably related to the criminogenic needs of the individual on probation or goals of supervision. d. For each special condition imposed, the court, Board of Parole, or probation and parole officer must state the reasonable relation to the criminogenic needs of the individual on probation or the goals of supervision. e. Before imposing a special condition, the court, Board of Parole, or probation and parole officer must consider whether fewer special conditions or less restrictive special conditions do not achieve the goals of supervision. (8) Unless the offense for which the person is sentenced mandates specific conditions, the court, Board of Parole, or probation and parole officer may not impose a special condition of supervision with which the individual on probation cannot reasonably comply. Unless the offense for which the person is sentenced mandates specific conditions, before imposing a special condition, the court, Board of Parole, or probation and parole officer must consider if the individual on probation has the necessary resources and ability to comply with the special condition. (9) The Board of Parole or probation and parole officer shall ensure that reporting requirements are as minimally-intrusive as possible in order to address criminogenic needs or achieve the goals of supervision, and may provide an individual on probation with alternative reporting options, including the option of reporting remotely, when appropriate. a. A probation and parole officer must set the required reporting times and locations for an individual on probation at times and locations reasonably designed to accommodate the verifiable work schedule of an individual on probation, as well as considerations related to education, childcare, healthcare, and transportation availability. b. A probation and parole officer may utilize audio and visual communications, or audio-only communication, in lieu of requiring a face-to-face in-person reporting for an individual on probation. c. A probation and parole officer may excuse an in-person probation visit as a graduated incentive for compliance with treatment program requirements. (10) If a program is a requirement of supervision, the Board of Parole or probation and parole officer must facilitate a referral into the program. a. If a required program is not available and a violation of probation is filed, the court must consider the totality of the circumstances when deciding whether to establish the alleged violation. b. If the sentencing court determines on the record that the Board of Parole or probation and parole officer did not reasonably facilitate an individual on probation's referral into the program, a longer period of probation or suspension of sentence is prohibited. c. The Department is not required to contract for or create a program that is a requirement of supervision. (11) Before pursuing sanctions up to and including revocation for an alleged violation of probation, the probation and parole officer shall make reasonable efforts to inquire into why an individual on probation failed to abide by a condition, including by affirmatively attempting to re-engage an individual on probation who fails to report before deeming the individual on probation to have violated the individual on probation's conditions of supervision. The probation and parole officer shall make reasonable efforts to connect the individual on probation with needed services and resources before pursuing sanctions against the individual on probation. (b) The Department may adopt standards governing any program of house arrest. The presentence report may recommend conditions to be imposed by the court. In addition to any conditions imposed by the Department or by the court, each program involving house arrest, regardless of the official or unofficial name of the program, must include all of the following: (1) Clear and consistent incentives for compliance and sanctions for noncompliance with conditions of supervision. (2) That the Department owns or leases all equipment. (c) The Department may use electronic monitoring systems and any new or emerging monitoring technology that will assist in the supervision of an individual placed on house arrest, as reasonably necessary. A probation and parole officer may utilize audio and visual communications, or audio-only communication, in lieu of requiring a face-to-face in-person reporting for an individual placed on house arrest. (d) The Department may supervise an individual placed on house arrest without the use of any specific electronic equipment, if sufficient and reasonable methods for ensuring compliance with the terms of house arrest are employed.
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