When someone is put on probation, the court or probation officer must, unless other law requires otherwise, impose only conditions that are reasonably necessary, individually determined and narrowly tailored to helping the person stay law-abiding, protecting public safety and promoting rehabilitation.
Official title: probation supervision; reasonably necessary conditions
- September 12, 2026
What changes
BeforeCourts set probation terms and conditions as the law requires and the court deems appropriate.
NowUnless otherwise required by law, the court or a probation officer shall impose only conditions that are reasonably necessary, individually determined and narrowly tailored to help the person lead a law-abiding life, protect public safety and promote rehabilitation.
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NowProbation conditions shall be informed by the person's criminogenic risk and needs (generally, the factors linked to the chance of reoffending) as established by a validated risk assessment tool.
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NowBefore imposing a standard condition of probation, the court or probation officer shall consider waiving any standard condition that is not reasonably necessary for those purposes.
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NowBefore imposing a special condition, the court or probation officer shall consider all information properly presented to the court and determine whether the condition is more restrictive than reasonably necessary, and shall not impose a special condition unless it is supported by the record.
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NowIf a presentence report was prepared, the probation conditions imposed shall be informed by that report's findings.
Who it affects
- People convicted of an offense and placed on probation
- Courts that sentence people to probation
- Probation officers and adult probation departments
What you need to do
Nothing.
What the law doesn't answer
- Which conditions count as "standard" versus "special" conditions
- Which validated risk assessment tool must be used, or who chooses it
- Whether the new rules apply to people already on probation or only to new grants of probation
- What happens, or what a person on probation can do, if a condition does not meet the new standard
- Which other laws might require conditions that override these rules
This summary describes the law as enacted. Later laws, court rulings or referendum petitions can change the picture. Check the official text for the current wording.