Courts and paroling authorities have wide latitude in imposing conditions. Generally, a condition imposed as a part of probation or parole must be reasonably related to the underlying offense, promote offender rehabilitation, not unreasonably impinge on recognized liberty interests, protect the community and not be so vague as to make compliance difficult. If a statute governs authorization of a condition and/or does not violate any constitutional protections, habeas corpus relief is unavailable to an offender contesting the condition. See People of the State of New York ex rel. William Stevenson v. Warden, 806 N.Y.S.2d 185-86 (N.Y. App. Div. 2005). Conditions deemed appropriate include:
Offenders who transfer supervision under the Compact may be subject to graduated sanctions or short periods of confinement in the receiving state for violating the terms and conditions of supervision. These sanctions intend to modify the offender’s behavior in lieu of revoking the offender’s supervision and returning them to the sending state. The ICAOS rules require receiving states to “supervise an offender transferred under the interstate Compact in a manner determined by the receiving state and consistent with the supervision of other similar offenders sentenced in the receiving state.” See Rule 4.101. However, it is reasonable to conclude, that the imposition of limited periods of incarceration, in lieu of revocation, qualifies as a condition under Rule 4.103, requiring the receiving state to notify the sending state of supervision conditions ‘at the time of acceptance or during the term of supervision’ as required under this rule.
Click terms below to reveal definitions used in this rule.
Supervision – means the oversight exercised by authorities of a sending or receiving state over an offender for a period of time determined by a court or releasing authority, during which time the offender is required to report to or be monitored by supervising authorities, and to comply with regulations and conditions, other than monetary conditions, imposed on the offender at the time of the offender’s release to the community or during the period of supervision in the community.
Plan of Supervision – means the terms under which an offender will be supervised, including proposed residence, proposed employment or viable means of support and the terms and conditions of supervision.