- April 20, 2024
- Posted by: legaleseblogger
- Category: Related News
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AI Legalese Decoder Can Help with Modifying Probation Terms for Internet Usage
### Introduction
Hello all,
It’s been quite some time since my last post. I am a relative of a Person on the Family Registry (PFR). This family member, whom we shall refer to as Bob, has been on the registry for approximately one year. After a few months of searching, Bob was able to secure steady full-time employment, and several relatives have since become approved supervisors. Bob’s Probation Officer (PO) has praised him for his dedication and hard work.
### Current Situation
Our next goal is to assist Bob in building a case to allow for monitored computer and smartphone usage. Bob’s PO has been understanding of the situation and is leaning towards allowing monitored Internet access. Bob’s therapist also supports the idea of monitored access. However, when the issue was escalated to the PO’s supervisor, Bob was immediately denied access to Internet-capable devices. The head of the PO department stated that the only remaining option would be to bring the matter before a judge. While Bob’s current probation conditions do not explicitly prohibit Internet use, the decision lies solely at the discretion of the PO.
### Request for Assistance
Has anyone had any experience with successfully modifying probation terms to permit modified computer, smartphone, gaming system, or Internet usage? Any insights or advice would be greatly appreciated.
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I think more and more flat out bans on internet access are generally not permissible.
I was in the same boat kinda. If the main PO and the treatment provider are for it, they can ask the judge to amend the conditions. My PO did it on my behalf but “Bob” can also petition the court himself.
Just curious how many had no alcohol, or no internet on parole.!
Assuming you’re in the USA, are you federal or state, and if state, which one?
Texas here. We got our internet back during probation by soliciting the judge through our lawyer. We had to sign up for a court approved watch program which monitored internet usage.
I think it depends on the state and the nature of the crime. Here in NJ, they actually flat out ruled that no matter the crime, all SOs should be granted internet access as it helps in finding jobs and housing, which in turn decreases the chance of recidivism.
The fact that both your PO and therapist are for monitoring is huge. If your crime wasn’t internet involved, it makes your case even stronger. Even if it was.imternet based, I feel you could still make the argument around NJ’s decision.
Please don’t hold me to this though. As I said each state is different. I hope it works out though.
Curious how much discretion the supervisor has in the case. From what you’re saying, it doesn’t require a modification of the condition. There is often an internal process to appeal a discretionary decision by probation that could be pursued as well, but honestly, court is probably the cleanest if his officer is already on board.
Look into US Supreme Court PACKINGHAM v. NORTH CAROLINA and New York People v. Ellis which both deal with social media. However they may give you some ideas on how to write something up.
The difficult part is that as a stipulation that you agree to it’s hard to fight against. However as you can see from those cases it can be done to change state law. Our state still requires you to disclose all your internet identifiers but it is not made public, which in my opinion should be the entire registry but who am I.
on the fed side, if you have a public defender he will be the one to ask
good luck