46-23-1011. Supervision on probation. (1) The department shall supervise offenders during their probation period in accord with the conditions set by a sentencing judge.
     (2) A copy of the conditions of probation must be signed by the probationer and given to the probationer and the probationer's probation and parole officer, who shall report on the probationer's progress under rules of the sentencing judge. Any probation agreement signed by the probationer may contain a clause waiving extradition.
     (3) The probation and parole officer shall regularly advise and consult with the probationer to encourage the probationer to improve the probationer's condition and conduct and shall inform the probationer of the restoration of rights on successful completion of the sentence.
     (4) The probation and parole officer may recommend and a judge may modify any condition of probation or suspension of sentence at any time. Notice must be given to the probation and parole officer before any condition is modified, and the officer must be given an opportunity to present the officer's ideas or recommendations on any modification. A copy of a modification of conditions must be delivered to the probation and parole officer and the probationer. Waiver or modification of restitution may be ordered only as provided under the provisions of 46-18-246.
     (5) The probation and parole officer shall keep records as the department or the sentencing judge may require.
     (6) (a) Upon recommendation of the probation and parole officer, a judge may conditionally discharge a probationer from supervision before expiration of the probationer's sentence if:
     (i) the judge determines that a conditional discharge from supervision:
     (A) is in the best interests of the probationer and society; and
     (B) will not present unreasonable risk of danger to the victim of the offense; and
     (ii) the offender has paid all restitution and court-ordered financial obligations in full.
     (b) Subsection (6)(a) does not prohibit a judge from revoking the order suspending execution or deferring imposition of sentence, as provided in 46-18-203, for a probationer who has been conditionally discharged from supervision.
     (c) If the department certifies to the sentencing judge that the workload of a district probation and parole office has exceeded the optimum workload for the district over the preceding 60 days, the judge may not place an offender on probation under supervision by that district office unless the judge grants a conditional discharge to a probationer being supervised by that district office. The department may recommend probationers to the judge for conditional discharge. The judge may accept or reject the recommendations of the department. The department shall determine the optimum workload for each district probation and parole office.

     History: En. 95-3304 by Sec. 10, Ch. 333, L. 1975; R.C.M. 1947, 95-3304; amd. Sec. 1, Ch. 195, L. 1989; amd. Sec. 5, Ch. 579, L. 1993; amd. Sec. 26, Ch. 125, L. 1995; amd. Sec. 13, Ch. 52, L. 1999; amd. Sec. 2, Ch. 505, L. 1999.