Yes, if you obtain permission from your parole officer you can leave the state while on probation. Permission can usually be obtained 30 days after you’ve been put on probation. In other cases, you may not be allowed to leave the state at all. It is important to follow the terms of your probation closely to avoid violating the terms and potentially facing additional penalties.
That’s just a quick summary. In this article, we will break down the rules, asking for permission, and punishments for traveling on probation without permission. We’ll also be going to use the state of Kansas as the reference for charges and punishments in this article.
What Are The Rules for Probation in Kansas?
We’ll use Shawnee Mission, KS Courts (DCR 3.308)
- You will not violate any law (federal, state or local).
- You will notify your probation officer, the next working day, if questioned or arrested by a law enforcement officer. You will not act as an informant for any law enforcement agency without first discussing the situation with your probation officer.
- You will not have contact with victims, witnesses, or co-defendant(s), in this or any other cases.
- You will seek and maintain a lawful full-time job and provide proof of such to your probation officer. You will advise your employer of your probation, and you will maintain reasonable hours in your personal life, consistent with your work schedule.
- You will notify your probation officer the next working day if you change or lose your job and report your progress in seeking a new job.
- You will keep your probation officer informed, and provide proof, of your current address and notify your probation officer before making any changes in your address.
- You will make regular monthly payments consistent with your income on all court-ordered obligations (including restitution, costs, fines, fees, child support, civil, traffic, or the like). You will support your legal dependents, to the best of your ability. The Court Collection Service may be used to collect debts owed to Victims and the Court.
- You will not own, possess, transport, or receive any firearms and/or ammunition during the term of your probation.
- You will not leave Shawnee County, Kansas, without permission of your probation officer.
- You will provide your probation officer with full and truthful information at all times.
- You will report as directed, follow the probation officer’s instructions, and permit visits at reasonable times. You also will submit to searches of your person, effects, vehicle, residence and property by a probation officer or Law Enforcement Officer based on reasonable suspicion that you are in violation of your probation or involved in criminal activity.
- You will not consume alcohol, cereal malt beverages, or illegal drugs and you will not associate with persons or places where alcohol, cereal malt beverages, or illegal drugs are sold, distributed, or consumed.
- You will submit to a breath, blood, or urine test upon the request of a probation officer, or any other law enforcement officer, at any time during the term of your probation and pay the costs of the test.
- You will participate in, cooperate with, and successfully complete all evaluations, treatment, counseling, education, Work Release, Community Service Work, or other programs required by your supervising probation officer.
- You will be subject to and shall cooperate with the following requirements and restrictions (including the frequency thereof), and associated costs as administered by your probation officer: reporting, chemical testing, field contacts, travel restrictions, curfews, up to 200 hours of community service work, evaluations/treatments, ISP screenings, work release, review board, and electronic monitoring.
How to Get Travel Approved While On Probation
To get approval to travel while on probation, you will typically need to follow these general steps:
Contact your probation officer: You should first contact your probation officer and explain the details of your proposed travel. Your probation officer will be able to provide you with the specific guidelines and requirements for obtaining approval, as well as any forms you may need to fill out.
Provide information about your travel: You will need to provide your probation officer with detailed information about your travel plans, including the purpose of the trip, the dates of travel, the destination, and any other relevant details. This may include information about your transportation, such as the make and model of your car or your flight information.
Wait for approval: Your probation officer will review your request and consider factors such as the nature of your offense, your behavior on probation, and the risk of flight. They may also consult with other parties, such as the court or other law enforcement officials. If your request is approved, you will receive a travel pass or other documentation that allows you to travel.
Follow all requirements and restrictions: It’s important to follow all of the requirements and restrictions associated with your travel approval. This may include restrictions on your activities while traveling, such as avoiding certain locations or refraining from certain behaviors. You may also be required to check in with your probation officer or other law enforcement officials while traveling.
Return your travel pass: When you return from your trip, you will typically need to return your travel pass to your probation officer within a certain period of time, such as 24 hours. This helps your probation officer keep track of your whereabouts and ensure that you’ve returned safely.
It’s important to remember that the specific requirements and restrictions for obtaining travel approval may vary depending on the jurisdiction and the specific conditions of your probation. Be sure to communicate openly with your probation officer and follow all of the guidelines and restrictions associated with your probation to ensure successful completion.
Misdemeanor vs Felony Travel Permission
There may be differences between the process for requesting travel for someone on probation for a misdemeanor versus someone on probation for a felony. The specific requirements and restrictions may vary depending on the jurisdiction and the conditions of the probation.
In general, however, the approval process for both misdemeanors and felonies will likely involve similar steps, such as providing information about the purpose of the travel, the dates of travel, the destination, and any other relevant details. The probation officer will review the request and consider factors such as the nature of the offense, the behavior of the probationer while on probation, and the risk of flight.
For felonies, the probationer may face more restrictions and requirements due to the severity of the offense. For example, they may be required to seek approval from the court in addition to their probation officer. They may also be subject to more frequent check-ins or monitoring during their travel.
Ultimately, the specific requirements for requesting travel will depend on the jurisdiction and the specific conditions of the probation. It’s important for the probationer to communicate openly with their probation officer and follow all of the guidelines and restrictions associated with their probation to ensure successful completion.
What Happens If I Don’t Get Permission?
We’ll be referring to K.S.A 22-3716 to understand what happens if you go out without receiving permission from your parole officer.
If a person violates their probation, the court has the authority to issue a warrant for their arrest or issue a notice to appear for a violation of their release conditions. The warrant authorizes law enforcement officers to return the defendant to the custody of the court or to a certified detention facility designated by the court. The court services officer or community correctional services officer may also arrest the defendant without a warrant if they believe the defendant has violated their release conditions.
Once a defendant is arrested and detained, the court services officer or community correctional services officer must notify the court immediately and provide a written report showing how the defendant violated the conditions of their release or assignment. The defendant must be brought before the court for a hearing on the violation, unless they waive their right to a hearing. If the violation is established, the court may impose sanctions as provided in subsection (c)(1).
The specific sanctions that the court may impose depend on whether the original crime of conviction was a felony or a misdemeanor, or whether it falls under a specific category of felony specified in K.S.A. 21-6804(i) and its amendments. If the original crime was a felony, and a violation is established, the court may impose the sanctions provided in subsection (c)(1).
If the original crime was a misdemeanor or a specific category of felony, and a violation is established, the court may either continue or modify the probation, assignment to a community correctional services program, suspension of sentence, or nonprison sanction, and impose confinement in a county jail for up to 60 days. Alternatively, the court may impose an intermediate sanction of confinement in a county jail, which can be imposed as a two-day or three-day consecutive period. The total of all intermediate sanctions imposed cannot exceed 18 days during the term of supervision.
If the defendant waives their right to a hearing, the supervising court services officer or community correctional services officer may impose intermediate sanctions of confinement in a county jail for two-day or three-day consecutive periods, without further order of the court. The total of all intermediate sanctions imposed cannot exceed 18 days during the term of
supervision.
It’s also worth noting that the court may revoke the defendant’s probation, assignment to a community correctional services program, suspension of sentence, or nonprison sanction, and require the defendant to serve the sentence imposed or any lesser sentence. If imposition of sentence was suspended, the court may impose any sentence that might originally have been imposed.
When to Consult an Attorney?
If you are on probation and facing legal issues or uncertainties, it is advisable to consult with an attorney. An attorney can help you understand your rights and obligations while on probation and provide guidance on how to comply with the terms of your probation. They can also represent you in court if necessary and help you navigate any legal issues that may arise during your probationary period. It is important to seek legal counsel as soon as possible to avoid any potential violations or complications that could lead to additional legal consequences.
