ABSTRACT
PROBATION REVOCATION The judge usually imposes the conditions that must be observed by the offender while on probation and has absolute discretion and authority to impose, modify, or reject these conditions. Some examples of conditions a judge might impose are routine urine testing to detect drug use and abuse, participation in a substance abuse program if the probationer has an alcohol or other drug problem, driving limits, restitution to victims of the probationer (but probation may not be revoked if the offender cannot make payments because of unemployment: Bearden v. Georgia , 1983 ), 10 and not leaving the court’s jurisdiction without prior approval. Many cases have challenged the conditions that courts might impose, but case law has determined any condition may be imposed if it is constitutional, reasonable, clear, and related to some definable correctional goal, such as rehabilitation or public safety. These are difficult to challenge and leave the court with broad power and tremendous discretion in imposing conditions. Such discretion has contributed to the volume of civil rights lawsuits ( del Carmen, 1985 ).
