Model Policy on Probation Period Limits


This policy puts a cap on the amount of time a defendant convicted of a crime can be sentenced to a period of probation.

Model Policy on Probation Period Limits

Model Policy on Probation Period Limits

Section 1. In imposing an order of probation, the court shall specify at the time of sentencing the length of any term during which the defendant is to be supervised, and that the term of probation may be continued, extended, or terminated.

Section 2. The total probation period may not exceed the following:

  • for a misdemeanor offense, two years;
  • for a felony offense, five years;

This section shall not supersede state law regarding existing intensive supervision periods of individuals convicted of felony sex offenses.

Section 3. Notwithstanding the maximum periods of probation which may be imposed, a court may extend a defendant’s term of probation for up to one year upon a finding on the record that:

  • The defendant has repeatedly and willfully failed to comply with court ordered treatment programming;
  • The defendant has willfully violated terms of probation as it relates to contact with the victim or victim’s family;
  • The defendant has been willfully noncompliant with restitution orders and the court determines that extending the term would be more effective than other remedies, including converting the restitution order to a civil judgment, in ensuring that the remaining amount owed is fully paid.

Approved By the ALEC Board of Directors: September 3, 2019