Full question:
The standard conditions of federal probation prohibit the probationer from associating with persons convicted of a felony. I can not find the legal definition of 'associate' as used in the context of federal probation. A year ago I established and currently operate a small online bookstore. Occasionally, I receive book orders from inmates, or from people in society who want books shipped to inmates. Yesterday, my probation officer decided because my supervised release prohibits association with felons I cannot sell books to anyone who is a felon. Because it is impossible to screen every customer who places an order, I was ordered to refund all pending orders and shut my business down. Of course, the PO simply shrugged her shoulders saying it wan't her problem when I mentioned all the money I've invested, all the inventory, and my commercial lease oblations. I simply want to know the legal definition of associate in this context. Can they bar my business and/or any employment simply because a customer may be a felon that they can't screen in advance.
- Category: Criminal
- Date:
- State: Texas
Answer:
Correspondence with inmates has fallen under the restrictions against association with other felons. In such cases, the freedom of association has been balanced against the interest of the state in running the penal institution. Case law has held that the “legitimate penological interests” standard applies to alleged associational infringements on prisoners and non-prisoners alike. The government is only required to show a valid, rational connection to a legitimate governmental interest. This rational basis test is the lowest standard of proof, and as long as the government can show some rational reason, it will generally be upheld. In other cases, where a higher standard, such as strict scrutiny applies, the government must show that their goal can't be met by less restrictive means. Under the rational basis test, the logical connection between the regulation and the asserted goal cannot be “so remote as to render the policy arbitrary or irrational.”
Whether your rights have been violated will be a matter of determination for the court, based on all the facts and circumstances involved. Some of the factors, among others, that the court may consider include the nature of the material being mailed, whether there are alternative means for screening customers, and whether the restriction prevents you from earning a living by other means.
Please see the information at the following links:
http://supreme.justia.com/us/433/119/case.html
http://www.usdoj.gov/osg/briefs/1986/sg860455.txt
http://definitions.uslegal.com/s/strict-scrutiny/
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
