§ 1.16. Terms and Conditions of Probation.

(1)

The court shall determine the terms and conditions of probation and may include among them the following, that the probationer shall:

(a)

Report to the probation supervisors as directed.

(b)

Permit such supervisors to visit him at his home or elsewhere.

(c)

Work faithfully at suitable employment insofar as may be possible.

(d)

Remain within a specified place.

(e)

Make reparation or restitution to the aggrieved party for the damage or loss caused by his offense in an amount to be determined by the court. The court shall make such reparation or restitution a condition of probation, unless it determines that reasons exist to the contrary. If the court does not order restitution, or orders only partial restitution, it shall state on the record the reasons therefor.

(f)

Support his legal dependents to the best of his ability.

(g)

Not associate with persons engaged in criminal activities.

(2)

The enumeration of specific kinds of terms and conditions shall not prevent the court from adding thereto such other or others as it considers proper. The court may rescind or modify at any time the terms and conditions theretofore imposed by it upon the probationer.

(3)

If the court imposes a period of residential treatment or incarceration as a condition of probation, the residential treatment or incarceration shall be restricted to the following facilities:

(a)

A Department of Corrections probation and restitution center;

(b)

A community residential facility which is owned and operated by any public or private entity; or

(c)

A county-owned facility.

(4)

It is the intent of the Legislature that a county jail be used as the last available alternative for placement of an offender as a condition of probation. However, this shall not create a right of placement for the probationer, nor shall it restrict judicial discretion in ordering such treatment or incarceration.

(Ord. of 3-16-1987, Doc. #21038)