Curfew As A Condition Of Probation
State laws typically allow courts to impose curfews on criminal defendants as a condition of pre-trial release, and on probationers as a condition for successful discharge from PROBATION. Defendants and probationers who are subject to curfews can be ordered to pay the cost of monitoring their compliance with the terms of the order. Curfew violations can result in the revocation of probation or termination of the pretrial release bond.
However, curfew orders themselves must be reasonable, and courts must be careful to explain the rationale underlying them. Orders imposing curfews that are harsh or excessive, for example, have been invalidated. People v. Braun, 177 A.D. 2d 981, 578 N.Y.S.2d (1991). Similarly, orders that cite no justification for a curfew have also been overturned. People v Sztuk, 126 A.D. 2d 950, 511 N.Y.S.2d 720 (1987).
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