Conditional Release Questions
What is the difference between conditional and unconditional release?The major difference between conditional and unconditional release would be that conditional release may require an individual to prove that the individual may not be dangerous to others when released, whereas unconditional release will need the individual to prove that they do not have and in the future is not likely to have a mental disease or defect that can make him/her dangerous to oneself or to others around him/her.
What are some of the conditions of conditional release?There are many conditions that an individual may have to follow if the individual has been given conditional release. Some of the important conditions of conditional release are:
• Send reports to the local probation officer or the Conditional Release Commission
• Stay in the county of the conditional release unless the individual has been given permission to move out of the county.
• Allow the probation officer to visit the individual at his/her residence, place of employment or any other place that the probation officer may want to visit the individual.
• Answers all questions asked by the probation officer and notify the probation officer immediately if there is any offense or violation of law.
• Not stay in the company of individuals with previous criminal records.
• Not own or purchase a firearm or gun, drugs paraphernalia or illegal substance without proper medical authorization
What does CONREP Mean?CONREP stands for “Forensic Conditional Release Program”. It is a conditional release program which involves community service based treatment, evaluation, supervision services for individuals who are judicially committed and mental disorder offenders.
Can an individual, who is petitioning to end a conditional release, be appointed an attorney by the judge?In some cases, the judge may appoint legal counsel as in a public defender if the individual qualifies for a public defender. However, if the individual does not qualify for a public defender, the judge will not appoint an attorney. The individual, however, may represent himself/herself in the court.
Can a conditional release program be cancelled?An individual may appeal for a motion for early termination of conditional release. This would be similar to a reduction of sentence that would be granted by the executive branch. Whether the motion for termination of conditional release would be granted or not, would be completely the decision of the judges of the circuit court. The state attorney’s office may also object this motion. The individual may request a positive recommendation from his/her parole officer and wait till approximately one half of the conditional release time period is completed to request for termination. If the court denies the termination, the individual may request to modify the conditions of the release so that he may relocate to a different place with friends and family and try to become a productive member of the society once again.
What can an individual do if their conditional release gets extended?If an individual’s conditional release is extended, the individual may need an attorney who would petition for a writ of habeas corpus. Habeas Corpus would be an emergency step that an individual may take if they feel that they are being detained unfairly.
What can an individual, who is on conditional release do if they fail a urinary analysis (UA) drug/alcohol test?If an individual fails a UA when on conditional release, the individual may have their urine retested by a private company in order to prove that the individual is not using any illegal substances. The individual can then present the report in the court at the next hearing.
Having good information about conditional release will give individuals who have been convicted of any crime an idea if they qualify for conditional release or not. If they do, they will be able to request for conditional release and will also be able to fulfill all the requirements of conditional release successfully. Conditional Release can cause many questions as to what is the corrections and conditional release act. What is conditional release? These questions can be answered by the Experts.