All the Probation Response Options

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I can’t be the only one who has a tough time keeping track of what sanctions are permissible in response to different types of probation violations in different types of cases. It’s the kind of thing that requires a chart. And you know I love a chart.

A new Probation Response Options chart is available here.

The chart collects all the things a judge can do in response to a probation violation. It shows how the court’s options differ depending on the type of crime for which the defendant is on probation (felony, misdemeanor, or DWI), the type of violation, and when the person was placed on probation. For example, you can see that quick dips are allowed for all probationers except impaired drivers, but only for non-DWI misdemeanants placed on probation on or after December 1, 2015 does a dip set the probationer on the path to eligibility for revocation for a future technical violation.

The notes column on the right is a non-comprehensive list of things to consider related to each option. For instance, you can see that the court may order a split sentence served on weekends, but not a CRV. As for the place of confinement for each type of sanction, that is sufficiently complicated, unfortunately, that it merits its own chart.

For all the complexity of dips, dunks, splits, et cetera, it’s important to remember that the court is not generally required to take any particular action in response to a violation. The court can choose freely between eligible options, Or, if nothing else seems right, the court can choose to continue the person on probation without modification—which is to say, to do nothing at all.

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