Rights and Responsibilities for Probationers
Conditions of Probation
There are standard rules required of everyone placed on probation, such as regular reporting to a probation officer and remaining law-abiding. The court may also impose conditions specific to the individual, such as chemical dependency treatment, counseling, jail time, restitution, or no contact with the victim. Some individuals on probation will be required to report to their probation officer on a regular basis, ranging from weekly to monthly appointments. This will be determined by your probation officer.
Leaving the State
Certain offenses require a person on probation to obtain a travel permit prior to leaving the state. All probationers need to inquire with their probation officer if this is required with their offense. Moving permanently to another state may require transfer of supervision to a probation officer in the other state and permission from the receiving state. Some states do not accept sex offenders.
Leaving the Country
Individuals on felony probation must obtain permission from the Judge who presided over their trial, and their probation officer to travel outside the United States. Some countries restrict individuals who have been convicted of a crime even after discharge from probation.
Voting and Holding Public Office
A person convicted of a felony loses the right to vote or hold public office until discharged from probation or upon expiration of the sentence. Following discharge, the offender may vote in Minnesota and have the right to be elected to public office.
Possession of Firearms
A person on probation for any felony offense (adult/juvenile) may not possess or use any firearm. State and federal laws prohibit the possession or use of firearms by any person who has been:
- Convicted of a "crime of violence", which includes all crimes against person and many other felonies; 624.712, subd. 5
- Convicted of any domestic assault;
- Convicted of harassing or stalking while using a firearm;
- Ordered, after a hearing, not to harass, stalk, or threaten a domestic partner or child;
- Convicted of a misdemeanor or gross misdemeanor drug offense;
- Convicted of repeat assaults;
- Judicially committed for treatment of chemical dependency, unless the person has a certificate from a medical doctor or other proof of completed treatment; or
- Confined as mentally ill, developmentally disabled, or mentally ill and dangerous to the public, unless the person has a certificate or other proof that he/she is no longer suffering from this disability - requiring a Court Order.
A person charged with a felony “crime of violence” while pending trial or while in a pre-trial diversion program may not possess a pistol or semi-automatic military style assault weapon.
A person convicted of a “crime of violence” as defined by Minnesota law is not entitled to ship, transport, possess, or receive a firearm for the remainder of his or her lifetime. A person convicted of a felony not classified as a “crime of violence” regains these rights after discharge.