Post-conviction supervision occurs after defendants have been tried and found guilty or plead guilty and is the time after they have been released from incarceration or have commenced supervision following a term of probation.
Probation officers work with defendants in post-conviction supervision to ensure they adhere to conditions of their release as imposed by the court and obey state, federal, and local (including tribal) laws.
Supervision is a court-ordered sentence issued as an alternative to jail or prison. Individuals under supervision are assigned to a probation officer who is responsible for monitoring the defendant and ensuring the defendant complies with the conditions the court set for their release to the community. Supervision in the federal system is:
- A core responsibility of U.S. Probation and Pretrial Services Officers.
- A way to monitor the activities and behavior of people released to the community by the federal courts or paroling authorities.
- An opportunity to help defendants reintegrate into the community following a period of incarceration.
- In the case of probation, a punishment that is less severe than imprisonment, but still holds defendants accountable for breaking the law.
- An alternative to jail or prison that costs less than incarceration and gives defendants charged with, or convicted of, federal crimes the opportunity to live with their families, hold jobs, and be productive members of society.
Conditions of Supervised Release
At the start of a defendant’s community supervision, a probation officer will fully explain the conditions of his or her release. These conditions include the mandatory conditions of release which the court imposes on all defendants, and may include discretionary conditions which the court imposes to provide probation officers with the authority to address risk-related issues specific to a particular defendant. Discretionary conditions may include, among other things, home detention, substance abuse testing or treatment, mental health treatment, employment restrictions, and the disclosure of financial information.
Process of Supervision
The process of supervising a defendant begins with a probation officer evaluating the defendant through an interview and risk assessment tool, which allows the probation officer to identify factors that must be taken into account in developing an individualized supervision plan.
From the start of, and throughout supervision, the probation officer will assess and reassess the potential risk that a defendant poses to the community, and address the defendant’s needs. Continued assessments allow the probation officer to adjust his/her personal contact and interventions with the defendant accordingly.
The supervision plan developed by the probation officer will address any obstacles that may impede a defendant’s ability or desire to complete supervision successfully, and will provide for services, such as substance abuse or mental health treatment that the defendant may require.
Conditions of Supervision
These are the standard conditions of supervision or probation the court must impose. This does not include special conditions the court may impose.
- The defendant shall not leave the judicial district without the permission of the court or probation officer.
- The defendant shall report to the probation officer in a manner and frequency directed by the court or probation officer.
- The defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer.
- The defendant shall support his or her dependents and meet other family responsibilities.
- The defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons.
- The defendant shall notify the probation officer at least ten days prior to any change in residence or employment.
- The defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substance, except as prescribed by a physician.
- The defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered.
- The defendant shall not associate with any persons engaged in criminal activity and shall not associate with any person convicted of a felony, unless granted permission to do so by the probation officer.
- The defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view of the probation officer.
- The defendant shall notify the probation officer within 72 hours of being arrested or questioned by a law enforcement officer.
- The defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court.
- As directed by the probation officer, the defendant or the probation officer shall notify third parties of potential risks due to the defendant’s criminal record, personal history, or characteristics. Defendants shall confirm compliance on the notification requirement with the probation officer.
Eligible voters may legally vote in every state. Your criminal record does not affect your right to vote in Minnesota unless you are currently incarcerated for a felony conviction. You can vote if you are not incarcerated, including if you are on parole.
You can vote if:
- You were charged with or convicted of a misdemeanor or gross misdemeanor
- You are in jail but not currently serving a felony sentence
- You have been charged with a felony but you have not been convicted
- You have been given a stay of adjudication
- You have been convicted of a felony but are not incarcerated
For more information regarding voting rights in the state of Minnesota, contact the Minnesota Secretary of State at 1-877-600-VOTE or mnvotes.org.
Upon discharge of supervision, can I possess a firearm?
The Federal Firearms Act prohibits persons convicted of a felony from receiving; transporting; purchasing; or possessing firearms, ammunition, or explosives. Persons convicted of federal offenses seeking relief of federal firearms disabilities must apply for Presidential Pardon via the Pardon Attorney’s Office of the Department of Justice in Washington, D.C. Call 202-616-6070 for more information on the necessary procedures. Information regarding this process can also be found at www.atf.gov and www.justice.gov/pardon.