559.021. Conditions of probation — compensation of victims — free work, public or charitable — defendant not an employee for workers’ compensation purposes — payment to county restitution fund, when.
Explains what rules a judge can set for someone on probation
This law lists what conditions a court can require during probation—like paying restitution, doing community service, or entering treatment programs. It also covers legal protections and limits for those conditions.
1. The court can set any conditions on probation it thinks are needed to help prevent the defendant from committing another crime. The defendant must be given a written list of these conditions.
2. The court may also set conditions to help compensate victims, support public services, or repair harm caused by the crime. These may include:
- Paying restitution to the victim, their dependents, or a state fund
- Doing free work for a public or charitable purpose
- Attending offender treatment programs
- Joining a work release program
- Participating in community-based residential or nonresidential programs
3. A person can refuse probation if it includes free work. If they refuse, the court will instead impose a sentence. Anyone overseeing or benefiting from the free work is protected from lawsuits (except in cases of intentional harm or gross negligence). The person doing the work is not considered an employee for unemployment or workers’ compensation purposes.
4. If found guilty, the court may also order payment (up to $300) to a county law enforcement restitution fund, but only if that county created the fund under §50.565. Money in that fund must be used according to that law.
5. A judge can only order payment to a restitution fund if the fund existed before sentencing. The judge cannot control or manage the fund.
6. If someone doesn’t pay into the fund, their probation can’t be revoked just for that—unless the court finds (after a hearing) that they refused to pay or didn’t try hard enough to get the money.
7. The court can change or add to probation conditions at any time before probation ends.
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