Granting probation

If the sentencing court is given authority to suspend execution of sentence and to place the defendant on probation, the court may impose on the probationer such conditions and regulations as will promote the probationer’s rehabilitation and protect the public. Community service may be required as a condition of probation. The probation officer shall issue instructions to the probationer that are consistent with the conditions and regulations imposed by the court and that are necessary for the implementation of these conditions and regulations. All conditions of probation must be incorporated into a court’s written order of probation, and a copy thereof must be given to the probationer. In addition, the court or probation officer shall explain to the probationer the purpose and scope of the imposed conditions and regulations and the consequence of probationer’s violation of those conditions and regulations. Committee Comments The rule is based on ABA, Standards for Criminal Justice, Sentencing Alternatives and Procedures, 18-2.3(c) (2d ed. 1986). Ala.Code 1975, § 15-2250, gives circuit courts and district courts authority to place on probation any person convicted of a crime whose punishment does not exceed fifteen (15) years. For authority in municipal courts see Ala.Code 1975, § 12-14-13. This rule is not intended to confer upon the court power to grant probation—that power being determined by the statutes—but only prescribes the procedure for granting probation in those cases where the court has lawful authority to do so. Ala.Code 1975, § 15-22-52, gives the court broad authority initially to determine the conditions of probation to be imposed. Conditions of probation are not to be established by the probation officer. However, the probation officer is vested with the authority to provide instructions consistent with court-imposed conditions in an effort to clarify or to expand upon general conditions and to assist in the guidance of the probationer. ABA, Standards for Criminal Justice, Sentencing Alternatives and Procedures, 18-2.3, Comments (2d ed. 1986).