AL · rules
Ala. R. Crim. P. 27.2
Modification and clarification of conditions and regulations
The sentencing court, with or without a hearing, may modify or clarify any
condition or regulation imposed by it and any instructions issued by a probation
officer. A probation officer may modify or clarify any instructions which the officer
has issued. A probationer or a probation officer, at any time prior to absolute
discharge, may request the sentencing court to modify or to clarify any condition or
regulation. The sentencing court may, where appropriate, hold a hearing on such
request. A written copy of any order of modification or clarification shall be given to
the probationer, following which the probationer shall have ten (10) days to request
a hearing on said order of modification or clarification.
History
Committee Comments In providing a method for the modification and clarification of probation conditions, the rule protects the probationer from arbitrary or unsupported changes by giving the probationer the right to request an explanation of standards which the court expects the probationer to meet. This right, in effect, balances the court’s “right to revoke or modify any condition or period of probation” that it has legally imposed. Reynolds v. State, 28 Ala.App. 246, 181 So. 797 (1938). See Stout v. State, 45 Ala.App. 262, 229 So.2d 37 (1969). Ala.Code 1975, § 15-22-52, authorizes the court to make necessary modifications in the conditions of probation. There is no particular statutory provision for a probationer’s request for clarification of the conditions of probationer’s probation. However, the practice is generally followed and is also suggested as the preferred standard in ABA, Standards for Criminal Justice, Sentencing Alternatives and Procedures, 18-7.3 (2d ed. 1986).
Provenance
- Source
- judicial.alabama.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
1b7887a3ad02c74d8f22ce47f811f04ee03f1dbbb5c04a7c71389243cb885d00
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