77-36-5.1 - Conditions of probation for person convicted of domestic violence offense.
77-36-5.1. Conditions of probation for person convicted of domestic violenceoffense.
(1) Before any perpetrator who has been convicted of a domestic violence offense maybe placed on probation, the court shall consider the safety and protection of the victim and anymember of the victim's family or household.
(2) The court may condition probation or a plea in abeyance on the perpetrator'scompliance with one or more orders of the court, which may include a sentencing protectiveorder:
(a) enjoining the perpetrator from threatening to commit or committing acts of domesticviolence against the victim or other family or household member;
(b) prohibiting the perpetrator from harassing, telephoning, contacting, or otherwisecommunicating with the victim, directly or indirectly;
(c) requiring the perpetrator to stay away from the victim's residence, school, place ofemployment, and the premises of any of these, or a specified place frequented regularly by thevictim or any designated family or household member;
(d) prohibiting the perpetrator from possessing or consuming alcohol or controlledsubstances;
(e) prohibiting the perpetrator from purchasing, using, or possessing a firearm or otherspecified weapon;
(f) directing the perpetrator to surrender any weapons the perpetrator owns or possesses;
(g) directing the perpetrator to participate in and complete, to the satisfaction of thecourt, a program of intervention for perpetrators, treatment for alcohol or substance abuse, orpsychiatric or psychological treatment;
(h) directing the perpetrator to pay restitution to the victim; and
(i) imposing any other condition necessary to protect the victim and any other designatedfamily or household member or to rehabilitate the perpetrator.
(3) The perpetrator is responsible for the costs of any condition of probation, accordingto the perpetrator's ability to pay.
(4) (a) Adult Probation and Parole, or other provider, shall immediately report to thecourt and notify the victim of any offense involving domestic violence committed by theperpetrator, the perpetrator's failure to comply with any condition imposed by the court, and anyviolation of any sentencing criminal protective order issued by the court.
(b) Notification of the victim under Subsection (4)(a) shall consist of a good faithreasonable effort to provide prompt notification, including mailing a copy of the notification tothe last-known address of the victim.
(5) The court shall transmit all dismissals, terminations, and expirations of pretrial andsentencing criminal protective orders issued by the court to the statewide domestic violencenetwork.
Amended by Chapter 384, 2010 General Session