Rule 27.2 Modification and clarification of conditions and regulations.

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).